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 (1949earlier agreements Present)
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

Supplement to the UN Convention Against Transnational Organized Crime United commercial sex trafficking to other forms of trafficking in persons aka the Palermo Protocol

2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children

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) • The TVPA
– – – – – Prevention, Protection, Prosecution 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!

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

2007 TIP Report

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 BiMonthly

• 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 “sexuallyexplicit 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 2004 145 2005 170 2006 443
The Department of Justice, Department of State and CIA estimate that as many as 50,000 people are trafficked into the United States annually.

27 56 59 63

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

• 1. Personal Statement / Affidavit

Step 3: Preparing the Supporting Documentation for the Feds
– 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

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