U.S. State Department Gets It Wrong Again Part 2

In the 2010 Trafficking In Persons Report, the State Department lists the elements that it believes are necessary to "make a good trafficking in persons law", unfortunately, State completely misses the elements that are crucial to drafting a comprehensive, effective anti-trafficking law.

State asserts that a "good anti-trafficking law" should include "a broad definition of the concept of 'coercion'" and "a well-articulated definition of trafficking that facilitates effective law enforcement". Both statements are too vague to be useful (many governments have different ideas as to what constitutes "effective law enforcement" and definitions can be drafted to be so broad as to be unlawful) and should not be listed as best practices for drafting an anti-trafficking law.

The definition of human trafficking should contain the following:
(1) A list of suspect activities: recruitment, transportation, transfer, harboring, receipt of persons
(2) A list of means: threat or use of force, other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, giving or receiving of payments or benefits to achieve the consent of a person having control over another person
(3) Purpose: exploitation
(4) A list of the types of exploitation: exploitation of the prostitution of others, other forms of sexual exploitation, forced labor or services, slavery, practices similar to slavery, servitude, removal of organs
(5) A definition of human trafficking that defines the offense as a separate crime and not as an element of another crime
(6) A definition of human trafficking that requires individuals to have intentionally engaged in human trafficking
(7) A definition of human trafficking that clearly establishes that the consent of the victim is irrelevant when the trafficker has used any of the means (force, fraud, coercion, abduction, etc.) against the victim
(8) A definition of human trafficking that clearly establishes that, as per the UN Protocol, "the recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered 'trafficking in persons'" even if it does not involve any of the means (force, fraud, coercion, abduction, etc.)
(9) A definition of human trafficking that defines a child as any person under eighteen years old
(10) A definition of human trafficking that establishes that the list of the types of exploitation is at a minimum, in other words the list is not exhaustive
(11) A definition of human trafficking in which every term contained within the definition is clearly defined

If all of these elements are included in the definition of human trafficking, the anti-trafficking law will be comprehensive and effective in combating human trafficking.