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UNDERAGE TRAFFICKING: A SOCIOLOGICAL APPROACH OF AN IGNORED

TREND IN MALAYSIA

Sulaiman Jibril Babayo

Jibrilbabayo308@gmail.com

Associate Professor Rohana Yusof

Universiti Utara Malaysia

In this study, the researchers, using assorted literatures attempted to explore the sociological factors

associated with the menace of neo-slavery as it affects the underage. The underage who have been

victimized by the perpetrators of such social-ill are exposed to certain dangers socially,

educationally, economically, physically, psychologically and otherwise. Therefore, the purpose of

this paper is to account for factors explaining the involvement of children (Underage) in the neo-

slavery (Human Trafficking). The outcomes of their involvement in relation to their exposure to

other social ills in society and to proffer solution by way of suggestion. This is based on the

secondary data garnered from different sources – electronic media, articles, among others. This

study applied content analysis of the sourced literature on the victimization of the underage on the

ambience of human trafficking. It is however, pertinent to scrutinizing how the menace of such acts

negatively work against their entire lives, socially, academically, psychologically, legally and; also

in relation to the societal development. Albeit the enormous economic gain, the perpetrators reap

from the trade, the underage is victimized and molded into a slave, left to grow into an adult in

perpetual bondage. The underage is given out to the perpetrators for the purpose of economic gain

of the biological parents; while some are self-initiated due to poor economic family background.

The child prostitute stands the chance of being without education, no future, due to inhuman

treatments (overworking, extreme punishment, illegal seclusion, induced drugging, induced hunger,

sexual harassment, as in rape and forced prostitution) they are accorded.

Keywords: Underage Labor, Neo-Slavery, Cultural Perception, Child Prostitution, Gender,

Ministry of Women

Introduction

Topical issues concerning human trafficking are of great concern socially, economically,

educationally, psychologically and also at humanitarian level (Burke, 2013). Human trafficking as

an illegal trade is on the rise to a very higher level in most societies. In North Carolina, for example,

the illegal business is fast gaining roots not only in the so-called developing countries. In fact, the

scourge has been rooted even in both rural and urban areas (Burke, 2013).

Crichlow (2013) perceived neo-slavery/human trafficking as one of the currently embraced and

lucrative business. The illegal business is fast growing globally without any view on when it will

be put to a halt by respective governments. He borrowed the definition of the illegal trade in humans

from the definitions of the trade proffered by activists. They defined the trade as “the sale, transport

and profit from human beings who are forced to work for others”. It is also seen as the trade fits to

be equated with modern slavery. The perpetrators of such illegal trade engage in it both nationally

and internationally. About 80% of its victims are found to be underage and the womenfolk. They

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are forced into prostitution as they are the most vulnerable individuals in most societies at global

level.

The underage who have unfortunately been sold out or leased to the neo-slavery traders have

mostly become victims of the menace of human trafficking. They have been found to be over-

worked beyond their human capability. They are also engaged in certain remunerative labor without

regard to their fundamental human rights. They are extremely exploited at workplace. They are also

confronted by the menace of health hazards as found by several researchers, activists fighting

against under-aged labor (Kumar, et. al., 2013).

Further still, this kind of illegal trade deters under-aged from being educated and even those from

low-income homes -given the opportunity of enrolling in school are not receiving the quality

education they deserved. The female underage forced labour is not well researched by scholars

whose interest is in the study of child labor research. That is to say, there is no adequate studies in

the parameter of the working female underage. But a lot has been done on the health, literacy and

nutrition based on differential status of both sexes (Burra, 1995).

He argued that in Indian society, the dearth of studies in this aspect of the life of the female under-

aged is due to nature of the environment in which she serves, that is, not in the workshops, factories.

Unlike her male under-aged counterpart, she serves at home. In such scenario, she is bluntly

exploited just like her boy underage counterparts who work in the factories, workshops and other

dangerous employments like mines, among others. In such situation, she receives less education,

less feeding and insufficient health facility as a contrast with her male counterpart (Burra, 2005).

Historically, Malaysia became a nation on 16 September 1963. Malaysia as a country is inclined to

a federal constitutional monarchy, with a population of 28.33 million. Out of this population, 22.6

million is accommodated in Peninsular Malaysia. It is located in Southeast Asia, encompasses

thirteen states and three federal territories. Malaysia covers a landmass of about 127,350 square

miles, equivalent to 329,847 square meters. Malaysia is divided into East Malaysia (Malaysian

Borneo) and Peninsular Malaysia. Indonesia, Thailand, Vietnam and Singapore share maritime and

land boarders with Malaysia. On the other hand, East Malaysia shares marine border with

Philippines; while Indonesia and Brunei have the same land and maritime borders with Malaysia.

The capital territory of Malaysia is Kuala Lumpur and the federal government is situated in

Putrajaya (http://en.wikipedia.org/wiki/Malaysia). The major ethnic groups in Malaysia are the

Indians, the Chinese and the Austronesians. Malaysia is one of the British Crown Colonies and had

her independence on August 31, 1957. (Ismail, et al., 2009; Pugh-Kitingan, et al., 2009).

Underage Labour And Educational Achievement

Historically, underage labour had been popularly practiced in the American colonial era. The

underage were often sent to engage in apprentices to eanable them learn certain European traditions

in the Puritan England. This is due to the cultural perception trending at that period, when underage

were reckoned as being at a stage of learning and teaching accetped morality in their societies. The

underage in this era were exposed to certain moral benefits of good virtue related to good timing.

They were also taught how to cogently imbibe the discipline on behaving very well so as to avoid

being drailed right from childhood.

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This is a process through which the underage were as individuals to be protected from becoming

worthless and socio-morally bankrupt (Youcha 2009). Parents as head of their respective families

were known to have very high expectation of their healthy and hearty children to contribute in the

familes’ well-being. The high profile of morality achieved as a result of the fimily ties full of

cordiality among the members brought about happiness in their lives. Again, in the colonial

America, parents were not deeply concerned about early deaths of underage. This is because of

their cultural perception of death as a natural phenomenon (Zelizer 1985).

The theory of parental social convention believes that an underage of 0 to 7 years of age is not fully

an adult. Such young individuals above 7 years are perceived as semi-adult. Furthermore, if they

were taken away from their parental homes they would be expected to be more responsible. That is

to say, the young people were now moved to become under the care of a complete different home

headed by a strange individual.

The moral package offered to them at home prepared them against anxiety, unlike the present day

society. This is due to the fact that they never felt homesick and even the educational sector and

forced work were part of the colonial era (Bandy et al, 2005). Most of the underage in the colonial

time were fashioned according to certain organisations like working in industries.

The major organised labour was said to be the instructional and educational institutions established

in the society. In terms of individual participation, a chain of hierachy was created in which children

from well-to-do families occupied prestigious social positions in the society. However, those

children from families in the lower cadre were offered any any available job.

The so-called available job was meant to be any kind of offer perceived to as below the level of that

which was given to the children of the rich families. The good aspect of the system was that of

protecting the life of the child from the wrath of their employers. Any master found guity of causing

physical and psychological affliction to his/her young employee their acts were perceived as failure

to fulfill the child’s desire of apprenticeship (Youcha 1995).

The masters were checkedmated by observing how they were treating the underage under their

control. If they were found guilty of mistreating them, they were rated as those unable to fulfil the

master-subordinate relationship. In the case of the female underage, their growth was dependent on

parental love. The rapport therefore, was obstructed by making her to lose learning and apprentice

capability she supposed to acquire under the auspices of other people rather than her biological

parents. It became apparent that irrespective of their gender divide, underage individuals should be

released to be entrusted into the hands of strangers to avoid child-parent emotional attachment. The

master-subordinate rapport allowed the underage to live a life based on instructional orientation

(Bandy et al, 2005).

The more tedious and lesser skilled jobs were offered to the underage males. Household chores and

manual stitching were mean for the underage females. They were anchored with the tasks of

stitching their masters’ garments and those of other members of the families they lived with. This

teaching and learning process helped underage fashioned into certain positions as they grew older.

They became adults without much anxiety and over-ambition and only attain social position

systematically through due process (Liazos 1974).

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Many scholars embraced the issues concerning the concept of childhood. It is obviously

comprensible the relationship between the various stages of adulthood and childhood. Again,

considering the active involvement of underage in the process of development is also important

(Bourdillon, 2006).

The issue of inequality was buttressed by the French Revelution of 1789. Another important issue

emphasised by the same revolution was that of fraternity and dignity of both adult and underage

members of society. It was basically meant to save every individual member of society from the

exploitation, enslavement and physical torture. This negative situation was as a result of the

individual ignorance of their fundamental human rights in the society. That is to say that hard labour

and or physical maltreatment was reckoned as a universal crime.

In recent years, there has been a widespresd of global poverty among the international comity of

nations. In some societies, underage were given out to their richer relative families. The idea behind

such practice was hinged on the basis of trade by barter. The trade was meant to make the underage

become a househelp. Their labour was compensated by the good gesture of the rich families that

adopted them. The child enjoyed being educated by the family for her to have a brighter future. In

present society, children are given out by their biological parents to other peoples’ families. These

could be immediate kin in the cities or a very strange person who sometimes fail in their

responsibilities. They end up being converted into slaves, serving their bosses as street hawkers

without education.

Bagulia (2006: 128) stated that the victims of underage prostitution are culturally/religiously thrown

into forced labour, including unintended commercial sex. He classified human trafficking into two:

internally performed human trafficking and externally contracted type. The first type involves the

enslavement of human beings within the parameter of their own country. The second class which

is widely practiced, encompasses the crossing of numerous countries’ boundaries. The laws used

as weapon to fight the illicit trade are being trampled upon by the practitioners. This negative act

brings about the proliferation of human trafficking across the globe. The trade in human beings is

therefore, on the inrease causing sexual commercialisation and exploitation of women and children.

In a study conducted by Romeo (2014) and his associates, there was a negative relationship between

child maltreatment and academic achievement. They realised that the performance of the children

of 0- 18 years of age sampled for the study, especially those who experienced maltreatment during

childhood was very poor. They were mostly registered at out-of-home care centres. They were

seriously affected psychologically, mentally and academically. Their performance and grade

retention were found to be very low. They were featured as anxious, lacking social skills, socially

aggressive and very poor in relating with their peer.

From the result, it is indicated that there was negative link between mental challenges and underage

educational achievement. This relationship linking early life maltreatment and educational

achievement obstructs the main developmental stages in child’s sense of attachment and regulation

of their emotions. That is also an indication that both school and home are major units impacting

on the life of underage. The impact could either be positive or negative influential on the educational

achievement of the child. They are two major scenarios affecting the child due neglect and or

maltreatment in various ways- emotionally, physically, sexually by adults using violence or luring

them into certain dangerous acts.

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It is however arguable that at global level, millions of underage female are mostly never been sent

to school by their biological parents. More millions never graduated despite their enrolment in

school. Moreover, millions of them also who were fortunate to graduate did not acquire the quality

education they deserved. This truncation of their educational achievement is deemed highly

negative in their lives. Their right to education is therefore completely violated. That is to say, their

fundamental human rights are at stake (Bellamy, 2004).

In Nigeria, early marriage has been a tool for truncating the education of underage female. The

underage female at the age of 12 is forced into marriage with elderly or young man. The elderly

could be philanthropists, a rich stranger, clergy, and community leader, among others. After the

marriage, she is never allowed to continue her educational pursuit as a wife (Alabi, 2014).

In a study conducted using samples from five countries, based on value hypotheses of erstwhile

sociological, psychological and theological analysis there was positive relationship between

tradition and conformity. But in the case of religiosity and hedonism (a perspective arguing that

pleasure is the most essential source of goodness). Therefore, a hedonist is always striving to

increase net pleasure and decrease pain (ask.com). The relationship between benevolence, religion

and security appeared to be negative. There was also a negative relationship among self-direction,

stimulation and hedonism. Relationship between power and universalism was not found to affect

educational achievement (Huismans, 1995).

In other subsequent researches, Schwartz’s theory was used on religiosity and values among other

nations. For example, in South Africa, some studies indicated that in apportioning societal roles,

womenfolk were segregated from childhood to adulthood. The inferior status of female members

of the society was upheld on the ambience of traditional practices existing in their individual

communities. This cultural tool encourages the tenacity of gender aggression with the female

members of the communities being the recipients of the ill-treatment embedded therein. For

instance, Lesotho and Swaziland in South Africa a traditional trait emerged. The new traditional

phenomenon dictates that any male HIV/AIDS carrier can be cured by merely having unprotected

sex with a virgin underage. We can argue here that culture is now used as deadly weapon against

the underage female (Chabaya, et al., 2011).

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World Map Showing Global Routes of Human Trafficking & Other Illicit Crimes

Source: www.mappery.com

Theories Of Human And Labour Trafficking

The first record documented at international level to represent a legal treaty among the global

nations was geared towards curtailment of White Slave Traffickers, in 1904. The document was

ratified and adopted by only 12 states. Andrees (2005). Therefore, to discuss the issues concerning

human trafficking there are two different theories that play a very vital role. The duo theories are:

structuralism and individualism. The paradigms under the auspices of individualism are directed

towards the total freedom to be enjoyed by the womenfolk. This extreme freedom avails them with

the franchise of choice. The choice of individual human is hinged on the ambience of autonomy.

The womenfolk, irrespective of age should have equal right to choose whatever they believe is good

for them. The choices could be negative in the sight of the society or even within the rules of the

legal system existing in the society.

The individual theorists agitate for the legal provision to include restitution for victims from the

perpetrators of the modern slavery. However, individualism opines that sex work should be

legalised among womenfolk just like any other regular business. The theorists are of the view that

there is no differentiation between labour trafficking and sex trafficking. They believed that all

kinds of human trafficking involve human labour (Banhart, 2009).

The theorists of structuralism in their own wisdom believed that sexual exploitation is the major

conduit through which menfolk oppress their female counterpart. They however believe that

prostitution is the weapon used by men to exploit their female counterpart in society. The theory

further states anything linked to prostitution is synonymous with sex trafficking because it

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encompasses the buying and selling of sexual gratification. This sexual bargaining is in form of

commodities and services. They also believe that it is as a result of male dominance that the female

members of society are unable to be freed from the clench of the illicit business. Moreover, they

suggested the total eradication of the buying and selling of sexual gratification in society. It is only

if this is achieve that women would be free from male dominance (MacKinnon, 1993).

From the foregone, we can infer that the theory of individualism is a protagonist of freedom of

individual choices, especially when the female involved are paid. The structuralist theories are of

the view that there should be total eradication of neo-slavery (human trafficking) in every society.

They also perceive it as human trafficking is dependent on prostitution and sexual exploitation

encouraged by man. Due to the manner in which both schools of thought advocate for anti-

trafficking legislation, ordinary member of society including the legislators and the media have a

yet to understand the direction of each of theories. This is because they appear to be fighting against

the same phenomenon on behalf of its victims. They are both focused on all forms of crimes against

the trafficked and the sexual exploitation by man of the womenfolk. The perpetrators of underage

labour, sex workers and the trafficked take almost the same actions in their dealings (Banhart,

2009).

In the cases of human trafficking the weapons used against the victims include physical abuse and

emotional threats. This attitude forces the victim into striving to satisfy the demands of their

traffickers. In most cases, the American legal system ignores the menace accrued by the victims in

the course of their being trafficked. This is because they try to differentiate between sex and labour

as being two different phenomena. They as such ignore the similarity between the experiences of

the victims of both crimes. That is to say that both victims are being exploited by their traffickers.

This makes the legal reactions by the system to those exploitative attitudes are limited by the

artificially created legal gap.

In an American outskirt a house was discovered in a quiet area. The discovery unveiled a shocking

violence and abuse in which immigrant underage and women were sexually abused. The narration

by two of them indicated how they were exploited in several years. They suffered numerous kinds

of torture ranging from pinching, and scalding with hot water. They also received maltreatment in

the cause of their being under bondage such as forced nudity by stripping their clothes, cutting of

their pubic hair off. They were again wrapped in cellophane and forced to dress in rags meant to

expose their bodies. The maltreatment also included not being allowed to eat, nor wear underwear

and tortured psychologically apart from blackmailing pictures (Banhart, 2009).

The victims further stated that in the custody where they were forcibly held the only food offered

was garbage. They were also forced to sexually perform all sorts of illicit services, day and night

for many years. In order to achieve such illegal and inhuman mistreatment against their victims, the

perpetrators of the business seized their traveling documents including their passports. The action

curtailed their movements and any hope of fleeing from the illegal detention. Most of the victims

were said to have been lured into the business by promising them heaven on earth. They were

mostly pledged good and well waged jobs in diaspora. At the end of the whole episode they were

only sexually exploited, illegally, culturally and linguistically isolated in the new environment.

The female victims of human trafficking were observed before the jury while sharing their negative

experiences full of shameful episodes. They (victims) narrated their injurious maltreatment while

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sobbing. The duo defendants were found guilty on the entire count charges numbering up to twelve.

The charges included human trafficking which attracted three, eleven and half year sentences to

imprisonment, respectively. The rescued women were defined by the jury as sex slaves. They

directly or indirectly form a portion of the exploitative multi-billion criminal industry. This is

because they were featured in numerous criminally inclined movies, dramas, adventures to enable

their bosses to stage historic films. Such women partake in movies symbolising white slavery in the

Victorian era.

The study further stated that the victims in the life-story were brought into prostitution by the wife

of a wealthy businessman from Long Island. His wife was tagged as the primary abuser in the case.

The phenomenon of modern slavery, or human trafficking has been drastically politicized in

America in the last few decades. Every effort to quantify the entire challenges inflicted by the illicit

business is being rendered useless because of the notoriety attached to problem. This is because

many cases are not recorded within the legal system.

In the United States, only few cases of forced prostitution are accounted for by the security agencies.

About 46% cases of human trafficking, is about half of the known cases that have been brought to

book. Domestic workers also formed half of the recorded cases at 27%. This is an indication that

three quarters of victims of this dangerous trade in the U.S. traditionally exploited within the family

unit. They are found mostly within the home where they are isolated and deterred from exposure to

the outsiders who might assist them by informing the police. In most cases, their duties range from

caring for children, clearing homes and the worst including selling sexual gratification to numerous

men daily. As conceived by feminist theorists, such tasks performed by victims of human

trafficking are engendered and described as “sexual division of labour”. It also depicts the level at

which women and underage are being commoditized in the United States (Banhart, 2009).

Underage Trafficking And Educational Achievement: Gender View

Maltreated children perform very low in their academic grades due to traumatic condition they find

themselves. They suffer mentally, emotionally and socially. They also perform very low in terms

of their special education and grade retention in class. This was the result found in the research

undertaken by Romano and his associates in 2014, using a sample of young adults of 0-18 years of

age. The result indicated that the children were affected by anxiety, aggression, lack of social skills

and poor human relations among their peer. Such features were found among those that had

experienced in day-care centers during childhood. The research also indicated that there was a

relationship between mental challenges and academic achievement. That is to say that mental

problems and other health challenges have negative relationship with academic performance of

underage. They believed that maltreatment in childhood is related to educational achievement and

had an explanation through tampering with the stages in child development.

There was also an indication that the family, day-care centers and school positively or negatively

affect underage educational achievement. The underage were found to be variously maltreated at

different levels. Some of them were maltreated physically, emotionally, while other had sexual and

labor abuse. There were some that were maltreated with violence and neglect by their partners

(Romano et al. 2014).

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Another study by Gabriel Igberase, in Nigerian society tried to relate harmful cultural practices and

reproductive health. The outcome of their research showed that underage female is being neglected

in terms of nutrition and education. In contrast, her male counterpart is offered a fairer treatment

within and outside the family. This atmosphere of maltreatment reflects in their lives from one stage

of growth to the other. However, the underage female experiences peculiar challenges attached to

health like fetal and maternal death, cephalopelvic disproportion, vesico-vaginal fistula and

obstructed labour. She also suffers affliction from ovulatory disorders and menstrual pains due to

malnutrition. Her educational achievement is truncated as a result of cultural traits some of which

have been given religious intonation. Without education the female child is rendered vulnerable to

extreme poverty, illiterate mother and a wife without skill (Igberase, 2012).

The 1995 UNICEF Report indicated that the ancient and contemporary Indian society practice the

culture of enslaving underage female using religion as a basis. The biological families dedicate the

underage females as a religious right to the temple. The young spinsters (Jogini/Devadasi) were

made to ritually become symbolic wives of the gods in the temples. They are meant to sing and

dance for the gods in their respective temples. This is done with the hope that a rich elderly man

might be interested in the young damsel whom would request for her possession as a concubine.

The man (human representative of the god) organises an expensive fiesta during which the girl is

converted into a concubine. She is now under his care up to the time she might venture going on

her own due to separation with the man. This act initiates her into prostitution thereby going to stay

alone in the city as sex worker. In fact, this trend brings about rampant inclusion of young girls in

the illegal sex industry (Bagulia, 2006: 22).

The most commonly practiced crime of forced labour against underage is persistently on the

increase in grassroots rather than urban India. However, the underage forced labour is hinged on

the ambience of poor background besieged by extreme poverty and illiteracy. It is also believed

that the level of female parent’s education is most likely to positively affect the child in all stages

of growth. Again, the involvement of parents in the educational achievement of their child depends

on the number of children in the family. The higher the number of children, the lower the possibility

of being trained for quality education; and the higher the possibility of falling victim of child labour.

Many scholars argued that the main victim of child labour can be assisted by provision for more

equipped learning institutions and assistance to parents. This can help the underage excel more in

their educational pursuit. This is in view of the limited involvement of parents in the educational

achievement of their underage in school. The more buoyant the parents are, the lower the possibility

of involvement of their children in child labour (Ghose 2013). Moreover, a great number of

underage females had no education at all. Millions were and still are opportune to be educated up

to graduation; while millions of the graduates were not armed with quality education. This indicates

how their right to education is curtailed in most societies (Bellamy, 2004).

In many cultures the most common perception is that the underage female’s education is worthless.

They believe that an attempt to educate the female child is tantamount to disrespect due to rampant

incidence of unwanted pregnancy among in-school girls. They also believe that most of the

educated female members of their communities do not get married early or not even marry at all do

to exposure to western education. And even if they do get married, they end up marrying from

outside their localities. They are rather sent into getting married earlier so as to protect them from

losing their virginity outside wedlock (Alabi, 2014; Aderinto, 2000; Fisho-Orideji, 2001; Schmitz-

Robinson, 2006).

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Culturally, in South Africa womenfolk is highly segregated in the aspect of social roles in all

communities. The immortalization of women’s second class status is legalized among cultures

which encourages continued gender oppression. For example, in some communities of Lesotho and

Swaziland, there exists a traditional trait which hold the view that the best cure for HIV/AIDS

infection among men is having sex with a virgin. This bad omen induced psychological results in

the lives of the victims (Chabaya, et al., 2011). In the poverty ridden and underdeveloped countries,

the underage is challenged with persistent dehumanising treatment during ethno-religious crises

due to economic and social confrontation. Nowadays, the underage reject societal events induced

by conflicts and poverty (Bourdilon, 2012). This scenario if created would have been a tool for

revamping the life of children in the society. But unfortunately, in most of the third world countries,

many parents do not encourage the education of their underage female. In contrast, those who

engendered educational achievement without inclining to tradition of being gender biased

encourage their female children alongside their male counterparts to acquire education (Kilbourne,

et al., 1994).

Underage Prostitution

This trend of underage enslavement has become a very serious cankerworm staging huddles on the

path of sustainable development among underdeveloped nations around the globe. In connection

to this negative development, the Convention of the Child’s Rights emphatically argued that the

current enslavement of the underage in various societies is a complete replica of the violation of

their rights. The underage Fundamental Human Rights encompass right to education, rehabilitation,

protection and improvement of their condition of service.

In this regard, towards the end of the 1980s, there was a formulation of certain policy pushing for

the abolition of underage employmentb by strangers. The policy suggested that the child may be

employed only by their family owned businesses. Thus, there was a great abuse and diobedience

directed to the implementation of the new policy among the private establishments. They mostly

claimed that the hired undergae labourers were rheir relatives. However, in the suburb the law

enforcement agents were very few due to influence. Therefore, the capitalists found it very easy to

break the set rules and regulations meant for the protection of underage in the society (Bagulia,

2006).

Underage have been converted into personal commodities in some societies. The differentiations in

male underage enslavement as jockey slave brings about preference by parents to sell out their

children. Some of these children are abducted by some criminals and sold into the jockey slavery

in the United Arab Emirate. The children who are male once sold to the Arab sheiks become tools

of gambling in the desert. They are tamed in dirty environment without education. This causes them

to grow into adulthood as illiterate (UNICEF, 2010).

In order to make the jockey The jockey slavery is a game played in the Middle East. The game is

being sponsored and watched by the rich Arab men. It has been in existence for centuries as an old-

Arabian sport. The underfed underage male child is mounted unto a camel and go into race with

others on high speed. Their parents sell them out to human traffickers to enable the abject poverty

ridden families have the money to send the rest of their children to school. Each male child is sold

at the rate of $5,000 (Five Thousand Dollars). They are not cartered for as much as the camels are

mentained (IRINFILMS, 2007).

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The jockey slave is underfed to make them lighter in weight so that the camel can conveniently win

the race. However, falling off the back of the camel of a child does not bother the slave owners,

hence the availability of more boys at a very cheaper rate to purchase. The adult caretakers of the

children usually sexually harass them. They are inconsiderate of their fundamental human rights

because of their status as slaves (IRINFILMS, 2007; Shoebat, 2010; UNICEF, 2010; BZRtube,

2013; REDPIX, 2013; AussieNews1, 2014; Islamichistorytube, 2014).

The Indian underage female is being initiated into commercial sex work by her biological parents.

The major reasons for this initiation are based on the premise of illiteracy, poverty, culture and

religion. They culturally believe that the underage female as a virgin is the legitimate wife the god.

The god is symbolically depicting a spiritual husband to the young girl. In reality, the underage

female is basically used as a bait by her immediate family to attract an older rich man.

The rich man becomes interested in her youthfulness and offers to make her a concubine. By the

time she is lustfully contracted by the rich man as her human husband, her biological family

becomes alleviated from abject poverty. At this point, she is plunged into prostitution and as such

victim of sexual abuse. This religiously conceived “poverty alleviation tactic” used by families has

converted numerous female underage into prostitutes (Bagulia, 2006).

The fact that labor trafficking and sex trafficking are differentiated in the legal scenario, the culprits

of both acts are charged, convicted and sentenced only on the tenacity of their coercive

consequences. They are never charged in consideration of their exploitative inhuman treatment

accorded to their victims. This event brought about confusion, because there is no legal definition

of prostitution or commercial sexual being offered on the basis of sex trafficking. This deterred the

knowledge as to whether there was any involvement of sexual abuse or labor trafficking in the case

under consideration. However, certain cases are reckoned as crimes due to involvement of labor

trafficking. Those cases involving apparent sexual exploitation within the illegal and illicit sex

industry, but do not include any exchange of sexual acts for money are considered as criminal acts.

Furthermore, numerous cases encompassing female adults as victims of human trafficking and

working in strip clubs were treated by prosecutors as crimes related to labor trafficking, instead of

sexual crimes. Practically, in theory labor trafficking is seen as lesser than sex trafficking in terms

of exploitation (Banhart, 2009).

Underage Sexual Enslavement In Malaysia

Many cases of human trafficking occur across the globe. In Malaysia for example, the phenomenon

of human trafficking or neo-slavery has not been accorded the fight it deserves. The discovery of a

video documentary clip containing an evidence of underage sex labour, found in the capital city of

Kuala Lumpur received a lot of condemnations.

The two year research undertaken by two journalists (Mahi Ramakrishnan & Rian Maelzer) entitled

“Trapped: The underage sex industry in Malaysia”, forced a great number of researchers to further

exhibit their interests in the study of neo-slavery, particularly in Malaysia and Asia at large. Despite

the importance of the journalistic assignment she was engaged in, she had to abandon it so as to

achieve the gruesome discovery of certain acts in the domain of underage sexual enslavement. The

underage sex business mostly encompasses young female immigrants.

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She argued that the horrific findings of her research was very shocking and beyond human

imagination. She opined that such unpleasant phenomenon was too common in Thailand, but to her

disgust the illegal industry is highly under-reported in Malaysia.

Her investigations covered the bustling and bubbling areas (Bukit Bintang and Chow Kit) of the

capital city of Kuala Lumpur. The disheartening part of her study was the emphatic denial of the

phenomenon by those respondents she interviewed daily. She was rather made a laughing stock by

people she met on the issue, because none was ready to open up. Despite all oddities, she was able

to undertake the research alongside Dr. Hartini Zainuddin, who encouraged her by informing her

that the issue really perpetuated, and Maezler a correspondent to USA Today. The clip depicted the

ordeals of underage workers in Malaysia and most of the intrigues rallying round the phenomenon.

Mahi had to make enough efforts to build a relationship in order to make friends among the

managements of many brothels so as to be allowed to have talks with the underage sex workers as

her respondents. It was extremely difficult for her to get them, because she had to go to the brothels

at about 11 pm to morning times every day to be able to have to talk with them. She was also

challenged by her own fears emanated from the coining of the research topic in particular. This was

caused by the feeling of insecurity not to fall prey to the numerous syndicates and triads involved

in the child sex business. However, she had yet to be availed information about the happenings in

the commercial sex market.

She tried to reconcile herself being a mother of two daughters and the constant imagination

smearing her mind, asking herself a question “what if it had been her daughter in that position?”

the 22 minutes video was uploaded to ‘You Tube’ and went uncontrollably virile on internet, within

the first week of its release. Within that period over 600 comments were received by different

viewers. The respondents of Mahi’s investigation included the police, psychologist, child rights

activists and seasoned underage sex workers. Some were doing the business to acquire money,

while one was a victim of tricky attitude of the human traffickers. Thereafter, she was forced to

practice prostitution in Malaysia, after they arrived from her country.

The victims of sexual abuse in Malaysia are kept in a custody provided by the government. This is

meant to offer them (both indigenous and foreigners) security after they have been rescued from

the hands of their traffickers. They are kept under such custody until they attain the age of 18 years.

From there they are sent to another government owned facility called “Women Shelter”. The said

facilities are guarded by the police and located in secret locations in Putrajaya in order to protect

the victims from further recapture by their former capturers (Maelzer, 2014).

The indigenous Malaysian underage sent to such security facilities are not allowed to leave after

the stipulated 2 years of victims’ stay for protection. The reason given by the government is for the

personal security of the indigenous children to be saved from being recaptured by the traffickers

who are widely spread across the streets of Malaysian cities.

In another interview of some victims of underage sexual abuse in Malaysia, Zacharia (2014) noted

that such young members of the society have no ambition of being educated. This is because they

move in gangs. Their being in gangs deters researchers to engage them in discussions with the view

of cautioning them on the consequences of their illegal profession.

In another interview with Selvi Fatima Abdullah, an icon of Marginalized Community Advocacy

Organization (MCAO) argued that many underage sex- workers in Malaysia do not admit their

involvement in the illicit trade. Her findings showed that the underage sex- workers were not out

303

for money only, but also for exorbitantly priced worldly materials such as gold, clothing, among

others. They believed that they could not acquire those items in their parental homes due to poverty.

She claimed to have met some school children during an outreach program organized by their NGO

in Bukit Bintang. The female underage confided in her that they usually strip their school uniform

in public toilets into plain dresses. After changing their dresses, they now stroll along the street into

any nearby restaurant with buffets, preferably in an area full of clubs. They keep chatting among

themselves until they are approached by at least a male customer who is ready to make an offer.

According to other victims of underage trafficking in Malaysia, they were brought in from their

respective neighboring countries like Indonesia, Thailand, and Bangladesh, among others. The

vendors barricade them in secluded places. They are sometimes after spending many days in such

places invited for shopping. By the time they are out of the homes where they are being kept, they

are directed to an unknown place. They end up being drugged and raped by their customers. For

example, in an interview with one of such victims in a video clip, the underage female was brought

from India. She confided in the interviewer her own negative experience. Her own narration

indicated that she was secluded in a house in Malaysia where after some days they went out for

shopping.

The underage victims of sex- industry suffer a lot of negative attitudes from their bosses and the

buyers of She then saw them going to a different location. Their destination was a house where she

found herself in the midst of strange men. She further narrated how she was offered food and drinks

in a single room. She informed that while eating the food and drinking, dizziness overwhelmed her.

She regrettably recalled how she was surrounded by men. When she regained her conscience, she

was left alone with a man. The man started caressing her entire body and later sexually molested

and physically tortured her. At the end of the episode, the victim emphatically mentioned how she

found herself naked on a bed and could not explain how she got there. From that event, she has now

become a full- fledge sex-worker, serving both Malaysians and foreigners in the illicit profession.

The male “pleasure- seekers’” (customers’) ages range from 25 to 60 years. If they refused to be

contracted by the older men, they tortured by their bosses (male or female). The interviewee in her

narration of her ordeal explained how she is being maltreated and manipulated like a toy by her

customer. Some of the inhuman attitude of their customers in their search for maximum sexual

gratification include instructing them (underage female sex- workers) to strip their clothes and

dance nude around in the room; other men even go to the extent of biting them all over their bodies

in their bid to be sexually satisfied. This is what the men paid to the bosses to derive from the young

female underage.

The researchers claimed doing some editing before releasing the clip due to human concern. We

can argue here that as researchers, we should not allow our personal concern to tamper with the

result of our investigations. Such acts can hide some if most facts that need urgent attention. But at

least, the release of the material indicates the existence of the phenomenon in question in its scope.

This can give the government a hint and encourage them to have the political will to solve the

problem, considering the numerous responses received by the video. A great number of the people

who watched it were shocked and could not believe that such business involving young children

existed prior to their contact with the clip. The video attracted the attention of many organisations

across the globe, lobbying to have copies. Noran Fauziah Yaakob (a Professor of Psychology) in

the same clip analytically explained that in some cultures, men have the belief that the more sex

304

they have with young women and underage, the higher their well- being expectation in life

(Zacharia (2014).

The issue of human trafficking and sexual abuse of underage has gone too far controversially into

the fabric of every human society. The phenomenon has been even inculcated within the religious

enclave. On January 28, 2015, a report was posted by PressTV (2015) about the legal verdict passed

by a Spanish court on about 850 (eight hundred) priests found guilty and been defrocked between

2004 and 2013 of afflicting underage with sexual abuse. The victimization of the male child started

when he was 14 years old, serving as an altar boy. The victim was kept under custody in a rented

house in Granada city of Spain.

The house was rented by the abusers. He was kept under such condition, until he reached 17 years

of age. All the perpetrators were priests under the auspices of Roman Catholic Church. Despite the

fact that in August, 2015, Pope Francis on a telephone conversation with the victim tendered an

apology on behalf of the Catholic establishment, Human Rights Groups saw the apology as not

enough. Moreover, the victim who turned 24 years old, went ahead to write an explanation about

his abuse by the clergies who sexually harassed him.

The confirmation of the fact sourced from the victim of sex abuse by the priests, Archbishop

Francisco Javier Martinez of Granada immediately fired a number of priests involved in the act.

This scandalous situation forced the pope to promise a zero tolerance policy concerning sexual

abuse of underage reported for the past few years, within the catholic establishment.

The victim further stated that despite his abuse by the priests, he maintained rapport with the church,

teaching in the Opus Dei organization. He also reported to the investigators, he believed that many

male underage were being sexually abused by the same group of perpetrators. However, the same

members of the group of perpetrators were said to have involved in having sexual relations among

themselves.

In fact, recently, the Roman Catholic Church establishments in Europe and the US have been

accused severally on the scandalous involvement in sexual abuse of underage. The officials of the

church have also been accused of trying to cover all related cases. The priests have been entrusted

the reputation and pedophiles to protect. But unfortunately, they flouted their priestly duty and went

ahead to involve in such detrimental act against underage.

In Nigeria, it has been realized that women and underage were mostly the victims in various

domestic violence cases. The case files registered in the past 15 months with the Federal Ministry

of Justice indicated about 45% of such cases, women and underage were found to be the victims of

domestic violence and rape, among other social vices. The opinion (2015) reiterated the rampant

cases has been adjudged appalling and disgusting considering the level at which the trend of

underage raped in Nigeria. The phenomenon is rather on the increase despite the punishment

attached to it. There is a great number of underage being forced into sexual acts by criminally

minded individuals across the country.

Statistically, the police report indicated Lagos, one of the most highly populated cities had about

678 cases of underage rape in an annual report, between March 2012 and March 2013. The

disheartening aspect of this negative trend is the rampant involvement of elderly men in the saga.

For instance, an elderly man of 47 years of age was apprehended in March, 2014 in Lagos for

commission of serial rape against his biological daughter and his one month old granddaughter.

Again, another case of a 13 year old underage female was reported. The young damsel was gang

305

raped by three adult men in Lagos. In April, 2014, there was another controversial rape case in

Abeokuta, Ogun state capital of two underage females by a pastor.

Another case of underage female sexual abuse in Oyo state of Nigeria in which an apprentice

learning vulcanizing work was the culprit. The girl was hawking puff-puff (a flour product) when

she was lured into being raped by the young adult. However, the next case was that of a man of

fifty (50) years of age, and an underage female aged 10 years, both residents of the Bayerunka

community of Ibadan of the same Oyo state. The elderly man was found guilty of defiling his

neighbor’s daughter as a result of luring her into his room in the same compound.

In view of the above statistics, Nigeria is a highly populated country with more than 170 million

people. We can argue here that more than half of the cases are not reported by victims due to

ignorance, shame and threat by the perpetrators. This is as a result of corruption in all administrative

sectors that has made it very difficult for victims to be heard. The negative activities of NGOs in

Nigeria is another phenomenon to worry about. They are funded by foreign organizations thereby

making the officials to dance to the tune of their bosses and also protect their personal materialistic

interests. In the United Nations statistical reports from different governments indicated far more

than 250,000 (Two Hundred and Fifty Thousand) rape and attempted cases were given as police

annual record (The opinion 2015).

It is in relation to this omen that the Nigerian Minister of Education, Ibrahim Shekarau, represented

by Elisabeth Omotowa, January 2015, during an interview with the journalists emphatically stated

that there has been an enormous underage abuse in Nigerian society. He believed that the underage

is confronted with the challenges in their societal rights. In accordance with the situation in Nigerian

state, there was a need for the lunch of a child rights organization known as “Plan Nigeria”. The

group was of the view of introducing policy to improve the lives of the underage in Nigeria. The

challenges to be sorted by the group encompass creating awareness among parents on how to listen

to their children at home, school and the community as a whole. The minister also claimed that they

were out to alleviate poverty using child rights as a tool. They also argued that they were using the

child rights issue to buttress on children’s participation, quality education, security of underage

their health. They claimed to be fighting child abuse through the group by targeting a policy in

favor of underage participation in nation building and their security domestically and at community

level. Presently, among the 36 states of the federation, including Abuja, only 26 have adopted the

Child Rights Act. Consequently, due to the low consideration of the womenfolk by the Nigerian

society, women occupy only 6.4% of the national parliament (Shekarau, 2014).

Rhee (2012) noted that some whistle blower of sexual abuse of underage in society tend to become

target at their places of work. For example, because of his exposure of the case of test cheating at

his school Johnson Michelle Rhee was sued by a former DC teacher. Another case was that of

Kevin Johnson who was fined $73,836.50 in AmeriCorps Funds, because he was found guilty of

directing members of AmeriCorps to drive him to places of his personal appointments. They were

also said to be washing his car and he sent them on his own personal errands. Johnson was also

alleged to have groped a sixteen (16) year old underage female in 1995. Despite his apology in the

course of their telephone confrontation monitored by Phoenix police, he accepted the allegations

when he stated:

What you are saying happened,

306

I am not entirely agreeing it happened…

The nemesis caught up with him when he was politically challenged by a candidate on 16th April,

2008 by a mayoral candidate by name Leonard Padilla. Padilla distributed the available report of

2007 indicting Johnson in connection to the findings in the allegations against him at St. Hope

Sacramento High School. We can argue here that many cases are swept under carpet by authorities

in order to protect the interests of the culprits due their positions in society. In this case, Johnson

was able to manipulate the investigations made by the local police. He was deterred from being

charged to the court of law. The victim had to retract her story which caused the teacher who acted

as the channel of the complaint to resign. Her resigned was based on the premise that St. HOPE

commenced a series of threats towards the underage victim. The illegally inclined interrogation

against the victim and demand by the police for the teacher to also recant her version of the matter

became disgusting. In fact, the Sacramento County Sheriff (John McGinness) was believed to have

said “Johnson’s actions, though ill-advised, were not illegal”. Upon statement from the security

chief, the demand for the release of the report was engineered by some women leaders like

Sacramento based State Senator by name Deborah Ortiz and Genevieve Shiroma (member of

Municipal Utility board in Sacramento). The third female personality was the former Mayor of

Sacramento, Ann Rudin.

From the above we can deduct that many cases are not reported in most societies. Those that are

even reported are maneuvered by people in authority in the interest of the perpetrators. The most

important aspect of the fight against oppressing the phenomenon of human trafficking was the

development of enactment as a tool used by individual state to challenge the traffickers within their

jurisdictions. Researchers reckoned the law at the federal level as more comprehensive, at state

level is done easier with little or no difficulty in order to actualize criminal enforcement. Practically,

law enforcement agencies are more engaged in the state and encouraged to apprehend human

traffickers. This is because federal office, lacks enough number of man power to handle the situation

at national. In contrast, there is adequate number of law enforcement officers to deal with the

situation at state and local levels. The cases being handled by the officers at local and state levels

include assaults, prostitution, solicitation and pandering. These are the only security personnel that

come into contact with the perpetrators of the neo-slavery. Most of the American states have yet to

procure the laws criminalizing modern slavery/forced labor the law has been amended and the latest

document is the “Thirteenth Amendment” which is in operation. The dilemma attached to the

existing document is lack of method or incentive for the officers at state level to really enforce the

law on the culprits found guilty of human slavery, as provided in the constitution (Barnhart, 2009).

The victims of the menace of underage sexual enslavement are perceived by other members of their

respective communities as individuals with an adulterated social status. That is to say that they have

been stigmatized by members of their immediate environment. They equally stand the chance of

being infected by certain infectious diseases such as HIV/AIDS. Most of the victims of sex-

business have no hope of furthering their educational pursuit. The female underage involved in the

sex-work business can be described as psychologically disorganized. They are to be considered as

individuals engulfed by complete loss of hope and direction in their lives. Their daily routines are

also in constant association with various elements of displeasure. They are bound to be challenged

by lack of concentration, nightmare, loss of appetite, and are made to become individuals with

rather little or utterly unenergetic in performing their daily routines. They are extremely exploited

by the administrators of the illicit sex-industry. These are all signs of depression (Berk 2013).

307

Conclusion

The issue of human trafficking has pervaded the entire globe leaving millions of underage in

negative situation causing havoc to the societies and smaller communities. Despite this realization,

governments in the Third World and the perceived developed countries ignore the trend. Therefore

the need to ponder on the reasons cogent enough to justify the neglect accorded to the phenomenon

of human trafficking becomes salient. Again, we need to ask why perceived victims are not deterred

from immigrating into the boundaries despite the realization of their wrong age documented in their

travel documents. Another salient question to pose is the cultural support the phenomenon of human

trafficking receives in connection with the involvement of the elderly in for purported health gain.

There is also an urgent need to administratively, culturally and religiously approach the issue of

neo-slavery considering its societal defects. The issue of NGO’s involvement in the fight against

social ills should be reviewed to empower them with legal rights to inquire about the well-being of

underage in all nooks and crannies of the society

There is need for an international collaboration among lobby groups to join hands with the Malaysia

based organisations in the fight against the illicit trade of human trafficking.

The Malaysian government should intensify her political will towards solving the immigration

leakages that are paving way for the underage immigrants willingly or forcibly being imported

purposely for sex trade. This is in view of annual report on human trafficking published by the

United States, in September, 2014, where the Malaysian government was criticised for its refusal

to comply to the maximum level of the fight against underage/human slavery.

Parents at all levels and their children should be encouraged to report all threats by the perpetrators

of human trafficking to the law enforcement agents. There is also need for media inclusion in the

awareness campaigns against all social vices by the government. The rampant cases of defilement

and forced prostitution among underage calls for more involvement of government in the provision

of education and job opportunities for the citizens to enable parents cope with their parental

responsibilities. This will secure the future of the underage at the local, state and national levels

should be able to protect the integrity of all children. It will also be in the interest of the nation to

consider the molestations being accrued in the lives of the leaders of tomorrow as a result of their

involvement in sex work and labour abuse- concurrent bleeding, VVF, contraction of sexually

transmitted diseases (STDs) like HIV/AIDS, among others.

To further to justice to the issue of human trafficking in Malaysia, there is need to investigate the

cultural causality and benefits of underage sex among elderly men to explore its cultural spread

among different cultures. Further investigations in the aspect of religious and cultural security for

the development of underage should be urgently undertaken.

308

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