HUMAN TRAFFICKING

The Human Sex Slave Trade

 Trafficking in persons:
The recruitment, transportation, transfer,
harboring or receipt of persons, by means
of
 threat or use of force or
 through other forms of:
• coercion
• abduction
• deception
• abuse of power or a position of vulnerability
• giving or receiving payments or benefits to achieve
the consent of a person having control over another
person
for the purposes of exploitation.
(2000 UN Trafficking Protocol, Article 3(a))
 Exploitation
Exploitation shall include, at a
minimum, the exploitation of the
prostitution of others or other forms
of sexual exploitation, forced labor or
services, slavery or practices similar
to slavery, servitude or the removal
of organs.
(UN Trafficking Protocol)
 Statistics
• Estimates by the US State Department and
CIA have claimed as many as 50,000
people are trafficked into the US each year
• The US Government also estimates that
800,000 people are trafficked across
national borders each year (2006
estimate)
– This estimate does not include persons
trafficked within their own countries
• Experts believe that the largest number of
trafficking victims come from Southern
Asia. Others come from the former Soviet
Union, Latin America, the Caribbean and
 Types of “Trafficking”
• Prostitution
• Pornography
• Marriage
• Sex Tourism
• Labor
• Debt Bondage
• Military
What are some factors that
affect trafficking?
• Extreme poverty
• Lack of access to
resources
• Unemployment
• Lack of education
• Marginalization of
women
• The feminization of
poverty
International Efforts to
Combat Sex Trafficking
 International
Instruments
Modern treaties are based on agreements
dating back to the slave trade, white slave
trade, and prostitution:
 International Agreement for the Suppression of
the White Slave Traffic (1904)
 International Convention for the Suppression of
the White Slave Traffic (1910)
 International Convention for the Suppression of
the Traffic of Women and Children (1921)
 International Convention for the Suppression of
the Traffic of Women of Full Age (1933)
 Suppression of the Traffic
in Persons and the
Exploitation of the
Prostitution of Others
 Consolidates the
(1949- Present)
earlier agreements
into one document
 Establishes provisions
to eradicate
international sex
trafficking
 Mandates punishment
for traffickers,
suggests programs to
assist victims, and
advocates
collaboration between
nations
 UN Convention for the
Suppression of the Traffic
in Persons and the
Exploitation of the
Prostitution of Others
(1949)
“Whereas prostitution and the
accompanying evil of the traffic in
persons for the purpose of
prostitution are incompatible with
the dignity and worth of the human
person and endanger the welfare of
the individual, the family and the
community…”
 Signatories of the Convention for the Suppression of the
Traffic in Persons and of the Exploitation of the Prostitution
of Others. (2007)
 Other Relevant
International Law
Universal Declaration of Human
Rights (1948)
• Calls for abolition of slavery and the
slave trade (Art. 4)
International Covenant on Civil and
Political Rights (1966)
• Included the prohibition of servitude and
compulsory or forced labor to the UDHR
(Art. 8)
• The Human Rights Committee, which
monitors the implementation of the
ICCPR, interpreted it to include
 Other Relevant Treaties
 1979 Convention on the Elimination of all
Forms of Discrimination against Women
(CEDAW):
– “States parties shall take all appropriate
measures, including legislation, to suppress all
forms of traffic in women and exploitation of
prostitution of women.” Article 6.
 Convention on the Rights of the Child and
the Optional Protocol to the Convention on
the Rights of the Child on the Sale of
Children, Child Prostitution, and Child
Pornography (2002).
– Delegates states parties to “take appropriate
national, bilateral, and multilateral measures
to prevent the abduction of, the sale of, or the
 UN High Commissioner on
Human Rights
 Special Rapporteur on Trafficking in
Persons (2004)
 The Recommended Principles and
Guidelines on Human Rights and Human
Trafficking (2002)
– Although not a binding legal instrument, it is
influential
 UN HCHR
Recommendations:
Guidelines for states,
intergovernmental organizations, and
NGOs on:
• Prevention of trafficking
• Protection and assistance
• Coordination between states and
regions
• Criminalization, punishment, and
redress
 2000 UN Protocol to
Prevent, Suppress and
Punish Trafficking in
Persons, especially Women
and Children
Supplement to the UN Convention
Against Transnational Organized
Crime
United commercial sex trafficking to
other forms of trafficking in persons
aka the Palermo Protocol
 The Link to Organized
Crime
• International crime
syndicates benefit
from trafficking
because it is less
risky, yet more
profitable than other
crimes
• Prostitution and
trafficking produce the
third highest source of
illegal income after
narcotics and illegal
weapons
 UN Palermo Protocol
(cont.)
 Multifaceted instrument aimed at:
• Prevention of trafficking
• Protection of victim’s rights and
• Prosecution of Traffickers
Comprehensive approach involving
countries of origin, transit, and
destination
The US has been very involved in
implementing domestic legislation to
complement the Protocol
 US Legislation
• The Palermo
Protocol is the
basis for US
legislation
• Clinton helped pass
the Trafficking
Victims Protection
Act (2000)
• Bush reauthorized
and amended the
TVPA (2003)
 Trafficking Victims
Protection Act 2000
• Clinton Administration established the
national strategy to combat human
trafficking (1998)
– Prevention, Protection, Prosecution
• The TVPA
– Makes human trafficking a federal crime
– Increases research
– Assists victims
– Penalizes traffickers
• The Act also requires countries to meet
minimum standards in their efforts to
eliminate human trafficking or risk losing
US aid
 Trafficking Victims Protection
Reauthorization Act of 2003
• Empowers victims to bring federal
civil suits against traffickers for
actual and punitive damages
• Bush administration authorized $200
million to combat human trafficking
**Bush also signed the PROTECT Act in
2003, making it illegal for Americans
to travel abroad to have sex with a
minor
Options for Deterrence

Prohibition – Bans
prostitution as a
whole (current UN
approach)

Legalization –
Prostitution is legal
but subject to
legislation (Current
approach in
Germany and the
Netherlands)
 Germany’s Prostitution Laws
• In 2002, Germany legalized both
prostitution and brothels
• Prostitutes get legal status and social
benefits
• Compensation for payments cannot be
transferred
• Close regulation through licensing,
registration and health checks
• Should the US move away from prohibition
and adopt a legalization strategy closer to
Germany’s?
 TIPs Report
• The US Department of State began
monitoring human trafficking in 1994 with
the Department’s Annual Country Reports
on Human Rights Practices.
• The US now publishes an annual
Trafficking in Persons (TIPs) report
detailing the status of trafficking around
the world, and what governments are
doing to reduce this human rights abuse.
**One country does not appear on the
report… The US!
 2007 TIP Report
• Tier 1: AUSTRALIA, AUSTRIA, BELGIUM, CANADA, COLOMBIA, CZECH
REPUBLIC, DENMARK, FINLAND, FRANCE, GEORGIA, GERMANY, HONG
KONG, HUNGARY, ITALY, KOREA, REP. OF LITHUANIA, LUXEMBOURG,
MALAWI, MOROCCO, NETHERLANDS, NEW ZEALAND, NORWAY, POLAND,
SLOVENIA, SPAIN, SWEDEN, SWITZERLAND, UNITED KINGDOM
• Tier 2: AFGHANISTAN, ALBANIA, ANGOLA, AZERBAIJAN, BANGLADESH,
BELIZE, BENIN, BOLIVIA, BOSNIA/HERZEGOVINA, BRAZIL, BULGARIA,
BURKINA FASO, CAMEROON, CHILE, CONGO (DRC), COSTA RICA, COTE
D'IVOIRE, CROATIA, EAST TIMORE, CUADOR, EL SALVADOR, ESTONIA,
ETHIOPIA, GABON, GHANA, GREECE, GUINEA, GUINEA-BISSAU, INDONESIA,
ISRAEL, JAMAICA, JAPAN, JORDAN, KYRGYZ REPUBLIC, LAOS, LATVIA,
LEBANON, LIBERIA, MACEDONIA, MADAGASCAR, MALI, MALTA, MAURITIUS,
MONGOLIA, MONTENEGRO, NEPAL, NICARAGUA, NIGER, NIGERIA,
PAKISTAN, PANAMA, PARAGUAY, PERU, PHILIPPINES, PORTUGAL, ROMANIA,
RWANDA, SENEGAL, SERBIA, SIERRA LEONE, SINGAPORE, SLOVAK
REPUBLIC, SURINAME, TAIWAN, TAJIKISTAN, TANZANIA, THAILAND, TOGO,
TURKEY, UGANDA, URUGUAY, VIETNAM, YEMEN, ZAMBIA, ZIMBABWE
• Tier 2 Watch List: ARGENTINA, ARMENIA, BELARUS, BURUNDI,
CAMBODIA, CENTRAL AFRICAN REP., CHAD, CHINA (PRC), CYPRUS,
DJIBOUTI, DOMINICAN REP., EGYPT, FIJI, THE GAMBIA, GUATEMALA,
GUYANA, HONDURAS, INDIA, KAZAKHSTAN, KENYA, LIBYA, MACAU,
MAURITANIA, MEXICO, MOLDOVA, MOZAMBIQUE, PAPUA NEW GUINEA,
RUSSIA, SOUTH AFRICA, SRI LANKA, UKRAINE, UNITED ARAB EMIRATES
• Tier 3: ALGERIA, BAHRAIN, BURMA, CUBA, EQUATORIAL GUINEA, IRAN,
KUWAIT, MALAYSIA, NORTH KOREA, OMAN, QATAR, SAUDI ARABIA, SUDAN,
SYRIA, UZBEKISTAN, VENEZUELA
 What do the tiers in the
TIPs Report mean?
• Tier 1: Countries that fully comply with the act’s
minimum standards for the elimination of trafficking.
• Tier 2: Countries that do not fully comply with the
minimum standards but are making significant efforts
to bring themselves into compliance.
• Tier 2 Watch List: These countries require special
scrutiny because of a high or significantly increasing
number of victims; failure to provide evidence of
increasing efforts to combat trafficking; or an
assessment as Tier 2 based on commitments to take
action over the next year.
• Tier 3: Countries that neither satisfy the minimum
standards nor demonstrate a significant effort to come
into compliance. Countries in this tier are subject to
potential non-humanitarian and non-trade sanctions.
What is the U.S. asking the
world to do?
• There is a critical need for increased
rescues of trafficking victims and
prosecutions of traffickers.
• People freed from slavery must be treated
as victims of crime, not criminals.
• The demand for modern-day slaves
must be stopped. This is not a victimless
or harmless crime, and the public should
be informed of the risks involved with it.
 U.S. Funding Worldwide

• Rehabilitations and work training for

victims
• Special housing shelters for victims
• Law enforcement training and legal reform
assistance
• Information and awareness campaigns
• Voluntary repatriation for displaced
victims
• Training for immigration officials, medical
personnel and social workers
• Combating sex tourism
 Non-Governmental
Organizations
• Freedom Network:
– National coalition of anti-trafficking orgs and
advocates who assist in investigating and
prosecuting traffickers
– Provides training on:
• Overview of Human Rights Approach to assist
trafficking and enslaved persons
• Identifying Trafficked and Enslaved persons
• How to provide Social Services to Victims
• Understanding the legal framework involved
including the rights of victims, forms of relief,
enforcement and prosecution
 NGO: FREE THE SLAVES
• Produced 3 documentaries
concerning labor trafficking in the
U.S. and India which U.S. Embassies
and consulates worldwide are
arranged screenings for foreign
audiences to raise awareness of how
victims are used for sexual
exploitation or labor
• Training and Technical Assistance
• National Human Trafficking Hotline
• Legislative support and advocacy for
federal, state and local policymakers
• Compiled Model State Anti-Trafficking
Legislation focused on prevention,
prosecution and protection of victims
including a separate model ordinance for
massage parlors
• Releases a U.S. Policy Alert and Map Bi-
Monthly
• U.S. Policy Alert December 2007
• 33 States with anti-trafficking criminal
provisions
• 18 States with pending anti-trafficking
criminal provisions
• 7 States with anti-trafficking task force /
research commission / law enforcement
training laws
• 3 States with pending anti-trafficking task
force / research commission / law
enforcement training bills
– MA falls in between categories 3 and 4
• TOP 15 PROBLEM AREAS IN
STATE BILLS ON TRAFFICKING IN
PERSONS
– Analyzing TVPA, DOJ ordinances and
existing state laws
– The organization points out the
problems in 4 categories:
• Purposes of Exploitation
• Means of Control
• Remedies
• Scope of Application
Purposes of Exploitation
1.) Avoid limiting the purpose of the
offense to the notion of “transport”
2.) Ensure bills address all forms of
trafficking
3.) Avoid referring to sex trafficking as
“services” and instead explicitly
reference “commercial sexual acts or
sexually-explicit performance”
4.) Broaden the definition of “sex
trafficking” to include “sexually-
explicit performance”
5.) Revise language that refers to a
state of prostitution to instead focus
on acts of commercial sex
How to Represent
a Trafficked Client
 Successful Convictions in
the Western Hemisphere
Year Prosecutions
Convictions
2003 175 27
2004 145 56
2005 170 59
2006 443 63
The Department of Justice, Department of State
and CIA estimate that as many as 50,000 people
are trafficked into the United States annually.
 Step 1: T- VISA
The Trafficking Victims Protection Act
of 2000 authorized the use of T-Visas
to provide victims:
• The temporary amnesty in the United
States
• An opportunity to assist law
enforcement during the course of
criminal investigation (“Continued Presence”)
• An avenue to pursue permanent
residence in the United States
Sample Visa
 Required Elements
• Is a victim of a severe form of trafficking in person
• Is physically present in the United States due to trafficking
• Has been willing to comply with any reasonable request for
assistance in the investigation or prosecution of acts of
trafficking in persons; and
• Would suffer extreme hardship involving unusual and severe
harm if removed from the United States
Additionally, the applicant must also demonstrate that he or
she:
6. Has not committed a severe form of trafficking in persons
offense
7. Is not inadmissible under INA §212
- an alien who, by fraud or willfully misrepresenting a material fact,
seeks to procure (or has sought to procure or has procured) a visa,
other documentation, or entry into the United States or other benefit
provided under the INA is excludable. The determination of
materiality is a fact which would make an alien excludable or shut
 Trafficking v. Smuggling
• Sex Trafficking: a commercial sex act
induced by force, fraud, or coercion, or in
which the person induced to perform such
act is a minor.
– Includes debt bondage, involuntary servitude,
and peonage
• Smuggling: a transaction or payment
knowingly made to a 3rd party to bring an
individual into the United States illegally,
usually done through unmanned boarders
and unlawful means.
Being smuggled in does NOT necessarily equate to being a
victim of a severe form of trafficking for T visa purposes
- it becomes a question of fact as to whether the
Diagram of Parties Involved
in a Trafficking Case
 Step 2: FEDERAL
JURISDICTION
According to Amnesty International:
• In July 2000, the International Law Association endorsed the conclusion of
its Committee on Human Rights Law and Practice that "gross human rights
offences in respect of which states are entitled under international
customary law to exercise universal jurisdiction include . . .human
trafficking”
• Jurisdiction over native traffickers within the
United States requires routine Subject and
Personal Jurisdiction analyses.
• Non- native traffickers may be subject to
jurisdiction under the Territoriality Principle if still
within the United States
• Traffickers abroad may be pursued under the
Effects Doctrine
– Analogizes trafficked persons to drugs
intended to be sent to the United States
 Step 3: Preparing the
Supporting Documentation
for the Feds
• 1. Personal Statement / Affidavit
– State victimization, surrounding facts, culpable
parties, and the resulting consequences
– Physically present due to trafficking
– Show absence of a clear chance to leave in
light of the circumstances, including trauma,
lack of resources, or seizure of travel
documents.
– Show compliance or good faith efforts to
comply with any reasonable request for
assistance from law enforcement agencies.
– Provide a translated version of the Affidavit for
your client
 Step 3 Continued…
• 2. Prepare Summary of Law, Memo of
Law, or Brief
– Brief reiteration of the factual basis of the
claim, including how your client was trafficked,
and their victimization in the United States.
– Use the elements required for T visa approval
to establish the crime.
– Reiterate the likelihood of re-victimization and
foreign authorities’ ability and willingness to
protect your client.
– State compliance with all reasonable requests
for assistance in the investigation and
prosecution
 Concerns
• Forced Testimony
– To even be considered for a T visa and
immigration protection, your client
must assist all legal authorities in
bringing their trafficker to justice.
– Your client may be scared to testify,
since most traffickers are aware of their
family’s residence and are deeply
involved in organized crime.
Which singer works
relentlessly to end
human sex
trafficking?
 A “hero acting to end
modern day slavery” -2005
TIPs Report