When drafting human trafficking legislation, drafters should establish the liability of legal persons (i.e. corporations, organizations, unions and associations). Traffickers often use businesses to facilitate human trafficking or to launder the proceeds of human trafficking. Penalties should include confiscation of assets which could then be used to aid victims.
The importance of legal liability was recently demonstrated in the case of Global Horizons, a company based in Los Angeles, that recruited people in Thailand for the purpose of labor exploitation on farms in Utah. More than 1,000 Thais were brought to the U.S. between 2004 and 2005, making this case potentially the largest case in U.S. history. Read more here.
Friday, September 24, 2010
Friday, June 18, 2010
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.
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.
Wednesday, June 16, 2010
U.S. State Department Gets It Wrong Again Part 1
On June 14, the U.S. Department of State released the 2010 Trafficking In Persons Report. In the Report, the State Department presented a list of activities that are not trafficking in persons. The list is incorrect.
To begin with, the UN Trafficking Protocol represents standards that are required at a minimum to be included in anti-trafficking legislation in order to effectively combat human trafficking. This means that governments can include other elements in addition to those presented in the Trafficking Protocol to establish a comprehensive definition of human trafficking and to address unique aspects of human trafficking that occur within and across their borders.
In its list of what is not human trafficking, State included child pornography and the trade in human organs. State argues that child pornography is not human trafficking because it is not included in the U.S. definition of human trafficking. While this is legally true for the U.S., it does not mean, as State concludes, that child pornography can never be considered human trafficking anywhere in the world. Child pornography can and should be included within the definition of human trafficking and the law would still comport with the UN Protocol. State should use its power of diplomacy to advocate for the inclusion of child pornography in the definition of human trafficking not to advocate for its exclusion.
The paragraph on the trade in human organs is confusing at best. State begins by asserting that the trade in human organs is NOT a form of human trafficking and concludes that exploitation occurs when organs are purchased for a low price and that "such practices are prohibited under the Palermo Protocol...when traffickers use coercive means such as force or threats of force to secure the removal of the victim's organs". The list of the "means" contained within the Protocol is broader than force or threats of force. Human trafficking includes the means (threat or use of force, abduction, fraud, deception, abuse of power or of a position of vulnerability or giving or receiving payments or benefits to achieve the consent of a person having control over another person), the purpose (exploitation) and the type of exploitation (removal of organs). Instead of broadly stating that the trade in human organs is not human trafficking, State should follow the law and correctly state that when the trade in organs meets that criteria listed above, it is human trafficking and should be prosecuted as such and that price has nothing to do with whether human trafficking has occurred.
To begin with, the UN Trafficking Protocol represents standards that are required at a minimum to be included in anti-trafficking legislation in order to effectively combat human trafficking. This means that governments can include other elements in addition to those presented in the Trafficking Protocol to establish a comprehensive definition of human trafficking and to address unique aspects of human trafficking that occur within and across their borders.
In its list of what is not human trafficking, State included child pornography and the trade in human organs. State argues that child pornography is not human trafficking because it is not included in the U.S. definition of human trafficking. While this is legally true for the U.S., it does not mean, as State concludes, that child pornography can never be considered human trafficking anywhere in the world. Child pornography can and should be included within the definition of human trafficking and the law would still comport with the UN Protocol. State should use its power of diplomacy to advocate for the inclusion of child pornography in the definition of human trafficking not to advocate for its exclusion.
The paragraph on the trade in human organs is confusing at best. State begins by asserting that the trade in human organs is NOT a form of human trafficking and concludes that exploitation occurs when organs are purchased for a low price and that "such practices are prohibited under the Palermo Protocol...when traffickers use coercive means such as force or threats of force to secure the removal of the victim's organs". The list of the "means" contained within the Protocol is broader than force or threats of force. Human trafficking includes the means (threat or use of force, abduction, fraud, deception, abuse of power or of a position of vulnerability or giving or receiving payments or benefits to achieve the consent of a person having control over another person), the purpose (exploitation) and the type of exploitation (removal of organs). Instead of broadly stating that the trade in human organs is not human trafficking, State should follow the law and correctly state that when the trade in organs meets that criteria listed above, it is human trafficking and should be prosecuted as such and that price has nothing to do with whether human trafficking has occurred.
Wednesday, June 9, 2010
More On Legalized Prostitution And Human Trafficking
In an earlier post, I wrote that countries that legalize prostitution should not use the legalization of prostitution as an excuse to forgo passing anti-trafficking legislation. This statement is certainly true but I must emphasize that despite what advocates of legalized prostitution say, legalized prostitution does not decrease human trafficking, in fact, legalized prostitution increases the incidence of human trafficking. Governments that are serious about combating human trafficking should not legalize prostitution.
A recent German Study found that human trafficking for sexual exploitation increased after Germany passed laws legalizing prostitution. Not only was there an increase in the forced prostitution of African and Eastern European women by international criminal organizations, there was an alarming increase in the number of minors forced into prostitution.
In Nevada, a state that has legalized prostitution, there is significant and increasing human trafficking of women and children for sexual exploitation.
Legalizing prostitution is not the solution to human trafficking, it is part of the problem.
A recent German Study found that human trafficking for sexual exploitation increased after Germany passed laws legalizing prostitution. Not only was there an increase in the forced prostitution of African and Eastern European women by international criminal organizations, there was an alarming increase in the number of minors forced into prostitution.
In Nevada, a state that has legalized prostitution, there is significant and increasing human trafficking of women and children for sexual exploitation.
Legalizing prostitution is not the solution to human trafficking, it is part of the problem.
Tuesday, May 11, 2010
A Very Short Note On The Liability Of Legal Entities
Although not required by the UN Trafficking Protocol, governments should establish the criminal and civil liability of legal entities in their anti-trafficking laws. Traffickers often use legal entities such as travel agencies and employment agencies as a front for human trafficking. Traffickers also use legal entities to launder the proceeds of human trafficking.
Monday, May 10, 2010
A Note On Consent
The UN Trafficking Protocol states that "[t]he consent of a victim of trafficking in persons to the intended exploitation...shall be irrelevant where any of the means set forth...have been used." For example, if a person agrees to work for another person and upon arrival to the job, their documentation is confiscated or the person is held against their will, the fact that the person consented to work is irrelevant. If a victim consents at any time during the process of being trafficked and traffickers have used any of the illicit means, the consent of the victim is still irrelevant.
The UN Trafficking Protocol also states that "[t]he recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered 'trafficking in persons' even if this does not involve any of the means set forth..." A prosecutor does not have to prove any of the illicit means in order to establish a case of child trafficking against a defendant.
It is important that states and governments properly address the issue of consent in their anti-trafficking legislation in order to effectively combat human trafficking and to be in compliance with the UN Trafficking Protocol. If the issue of consent is left unresolved, it will negatively affect implementation of anti-trafficking legislation by allowing the consent of the victim to be a defense to the charge of human trafficking.
The UN Trafficking Protocol also states that "[t]he recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered 'trafficking in persons' even if this does not involve any of the means set forth..." A prosecutor does not have to prove any of the illicit means in order to establish a case of child trafficking against a defendant.
It is important that states and governments properly address the issue of consent in their anti-trafficking legislation in order to effectively combat human trafficking and to be in compliance with the UN Trafficking Protocol. If the issue of consent is left unresolved, it will negatively affect implementation of anti-trafficking legislation by allowing the consent of the victim to be a defense to the charge of human trafficking.
Wednesday, May 5, 2010
A Primer On The Definition Of Human Trafficking
These are the required elements that must be included in a comprehensive definition of human trafficking:
(1) Acts: recruitment, transportation, transfer, harboring or receipt of persons
(2) Means (this list is not exhaustive and represents elements that should be included at a minimum): threatened use of force, use of force, coercion, fraud, threatened abuse of the legal process, abuse of the legal process, abuse of power, giving or receiving payments or benefits to achieve the consent of a person having control over another person
(3) Purpose: Exploitation
It is the purpose that defines the state of being trafficked. Therefore, it is exploitation, not smuggling or crossing international borders, that defines the state of being trafficked.
(4) Forms of Exploitation (the list is at a minimum): sexual exploitation, forced labor or services, involuntary servitude, peonage, debt bondage, slavery, removal of organs
(1) Acts: recruitment, transportation, transfer, harboring or receipt of persons
(2) Means (this list is not exhaustive and represents elements that should be included at a minimum): threatened use of force, use of force, coercion, fraud, threatened abuse of the legal process, abuse of the legal process, abuse of power, giving or receiving payments or benefits to achieve the consent of a person having control over another person
(3) Purpose: Exploitation
It is the purpose that defines the state of being trafficked. Therefore, it is exploitation, not smuggling or crossing international borders, that defines the state of being trafficked.
(4) Forms of Exploitation (the list is at a minimum): sexual exploitation, forced labor or services, involuntary servitude, peonage, debt bondage, slavery, removal of organs
Tuesday, May 4, 2010
Human Trafficking: The Way Forward
The International Organization for Migration (IOM) recently released a report entitled "Human Trafficking: New Directions for Research". In the report, the IOM purports to "assess the current state of trafficking research, identify current knowledge gaps, share innovative research and data collection methods and highlight the importance of evaluation and assessment of counter trafficking programmes." Unfortunately, the report fails to address the key issues that impede international anti-trafficking programs.
The primary way forward is to stop fighting the definition of human trafficking that is contained within the UN Protocol. More time, energy and resources are spent fighting the definition of human trafficking than in fighting the problem of human trafficking. In the report, the authors argue against the definition of human trafficking and advocate broadening the definition to accomodate different cultures and social concerns. A broad, vague definition of human trafficking would make human trafficking difficult to prosecute because it would create confusion as to what actions constitute human trafficking.
The authors also complain that the trafficking of men and boys, as well as labor trafficking, are never studied. However, as long as people are focused on fighting the definition of human trafficking, these issues will never be addressed.
Finally, countries that legalize prostitution should not use the legalization of prostitution as an excuse to forgo passing anti-trafficking legislation.
The primary way forward is to stop fighting the definition of human trafficking that is contained within the UN Protocol. More time, energy and resources are spent fighting the definition of human trafficking than in fighting the problem of human trafficking. In the report, the authors argue against the definition of human trafficking and advocate broadening the definition to accomodate different cultures and social concerns. A broad, vague definition of human trafficking would make human trafficking difficult to prosecute because it would create confusion as to what actions constitute human trafficking.
The authors also complain that the trafficking of men and boys, as well as labor trafficking, are never studied. However, as long as people are focused on fighting the definition of human trafficking, these issues will never be addressed.
Finally, countries that legalize prostitution should not use the legalization of prostitution as an excuse to forgo passing anti-trafficking legislation.
Tuesday, January 26, 2010
Child Trafficking and Humanitarian Crises
We have all seen the moving pictures coming out of Haiti: millions of men, women and children devastated by the earthquake and its aftermath. People around the world have generously responded to the crises by donating money and supplies.
Many people have offered to adopt "orphaned" children from Haiti. Unfortunately, child traffickers are taking advantage of the surge in offers to adopt from well-meaning people as well as the lack of a functioning Haitian government. Reports have surfaced of Haitian children being trafficked into the Dominican Republic. The United Nations has reported people driving to the airport in expensive cars and putting undocumented children on outgoing flights. It is not even clear that the children are actually orphans. Child trafficking was a significant problem in Haiti before the earthquake, with Haitian children regularly sent to wealthier families to work as restaveks or to the Dominican Republic for sexual exploitation. Haiti's orphanages are poorly regulated and some are a facade for child traffickers.
Due to the risk of child trafficking, it is important during a humanitarian crises to suspend adoptions until all means of family reunification have been exhausted and to establish protocols for the care and protection of children.
Read more here.
Many people have offered to adopt "orphaned" children from Haiti. Unfortunately, child traffickers are taking advantage of the surge in offers to adopt from well-meaning people as well as the lack of a functioning Haitian government. Reports have surfaced of Haitian children being trafficked into the Dominican Republic. The United Nations has reported people driving to the airport in expensive cars and putting undocumented children on outgoing flights. It is not even clear that the children are actually orphans. Child trafficking was a significant problem in Haiti before the earthquake, with Haitian children regularly sent to wealthier families to work as restaveks or to the Dominican Republic for sexual exploitation. Haiti's orphanages are poorly regulated and some are a facade for child traffickers.
Due to the risk of child trafficking, it is important during a humanitarian crises to suspend adoptions until all means of family reunification have been exhausted and to establish protocols for the care and protection of children.
Read more here.
Friday, January 15, 2010
Hip Hop and Human Trafficking
I'm that n***a tryin' to holla cause I want some bread
I could care less how she perform when she in the bed
B***h hit the track, catch a date, and come pay the kid
Look baby, this is simple you can't see
You f***n' with me you f****n' with a P.I.M.P
Lyrics from "P.I.M.P (G-Unit Remix)" 50 Cent feat. Snoop Dogg, G-Unit
Wait I got a snow bunny, and a black girl too
You pay the right price and they'll both do you
That's the way the game goes, gotta keep it strictly pimpin'
Gotta keep my hustle tight, makin' change off these women, yeah
Lyrics from "It's hard out here for a Pimp" by Three 6 Mafia
The glamorization of "Pimp Culture" is pervasive, especially within the black community. Rap songs abound with lyrics praising pimps and violence towards women. The rap song "It's hard out here for a Pimp" even won an Oscar! It is not "hard out here for a Pimp", it is hard out here for a victim. Victims of human trafficking are beaten, maimed and murdered by their pimps. Victims contract sexually transmitted diseases and are forced to have abortions by their pimps. Victims are not allowed to leave their pimps.
Rap songs like those by 50 Cent and Three 6 Mafia have inspired many to traffic young girls for sexual exploitation in order to make money and live the "pimp lifestyle". Disturbingly, a significant number of these pimps are teen aged boys who prey on vulnerable young girls by pretending to be their boyfriends. Once they believe that the girls are in love with them, the boys use insults, threats and violence to force the girls into prostitution.
Rap songs that glamorize pimps and the sexual exploitation of women act as cultural enablers that convince some that trafficking women and girls for the purpose of sexual exploitation is acceptable. Ending the glamorization of pimp culture is key to helping eradicate human trafficking for the purpose of sexual exploitation.
I could care less how she perform when she in the bed
B***h hit the track, catch a date, and come pay the kid
Look baby, this is simple you can't see
You f***n' with me you f****n' with a P.I.M.P
Lyrics from "P.I.M.P (G-Unit Remix)" 50 Cent feat. Snoop Dogg, G-Unit
Wait I got a snow bunny, and a black girl too
You pay the right price and they'll both do you
That's the way the game goes, gotta keep it strictly pimpin'
Gotta keep my hustle tight, makin' change off these women, yeah
Lyrics from "It's hard out here for a Pimp" by Three 6 Mafia
The glamorization of "Pimp Culture" is pervasive, especially within the black community. Rap songs abound with lyrics praising pimps and violence towards women. The rap song "It's hard out here for a Pimp" even won an Oscar! It is not "hard out here for a Pimp", it is hard out here for a victim. Victims of human trafficking are beaten, maimed and murdered by their pimps. Victims contract sexually transmitted diseases and are forced to have abortions by their pimps. Victims are not allowed to leave their pimps.
Rap songs like those by 50 Cent and Three 6 Mafia have inspired many to traffic young girls for sexual exploitation in order to make money and live the "pimp lifestyle". Disturbingly, a significant number of these pimps are teen aged boys who prey on vulnerable young girls by pretending to be their boyfriends. Once they believe that the girls are in love with them, the boys use insults, threats and violence to force the girls into prostitution.
Rap songs that glamorize pimps and the sexual exploitation of women act as cultural enablers that convince some that trafficking women and girls for the purpose of sexual exploitation is acceptable. Ending the glamorization of pimp culture is key to helping eradicate human trafficking for the purpose of sexual exploitation.
Thursday, January 14, 2010
Child Trafficking and Ritual Sacrifice in Uganda
Recent reports point to an alarming increase in child trafficking for the purpose of ritual sacrifice in Uganda. The Independent reported that in the first two months of 2009, 18 cases of child sacrifice were reported. Children are brutally murdered by family, friends and strangers who are motivated by greed and the pursuit of quick financial gain.
Ritual sacrifice is horrific and gruesome. Body parts such as the tongue, fingers, genitals and head are removed while the victim is alive. The victim is kept alive because it is believed that the screams of the victim increase the magical potency of the body parts.
There are two major obstacles to the eradication of ritual sacrifice in Uganda. The first obstacle is a lack of legislation that specifically criminalizes human trafficking for the purpose of ritual sacrifice. Uganda does have a 1957 Witchcraft Act that penalizes acts of witchcraft that threaten others with death but the maximum sentence of five years imprisonment does not reflect the severity of the crime of human trafficking for the purpose of ritual sacrifice. The law is rarely enforced, thus creating a sense of impunity among witchdoctors. The second obstacle is the customers. Prices for magic charms made from human body parts range from 50,000 Ugandan shillings (U.S. $25.91) to 12 million Ugandan shillings (U.S. $6,217.65). These prices are well beyond the means of ordinary Ugandans. The only people able to afford to pay these prices are wealthy businessmen and politicians who use their power and influence to block efforts to end this barbaric practice.
Uganda must pass a law that specifically criminalizes human trafficking for the purpose of ritual sacrifice and contains penalties that reflect the severity of the crime. Uganda must also commit itself to prosecuting those involved in the crime regardless of their wealth, power or political connections.
Friday, October 23, 2009
Possible Points of Intervention
Numerous articles and reports on human trafficking in the United States as well as survivor's stories have indicated that there are places along the human trafficking transportation network where a public awareness and education campaign and law enforcement would make a significant impact and could rescue victims before they are exploited.
A recent article in The Charlotte Observer, noted that a human trafficker would routinely pick up women outside of a McDonald's near the interstate where other traffickers had dropped them off. A 2005 Department of Justice Report noted that human traffickers stopped at fast food restaurants, discount retail stores and gas stations in particular as they transported victims to their final destination to be exploited.
A public awareness campaign to educate the employees of these businesses on how to identify potential victims of human trafficking, the placement of brochures in public areas and restrooms that inform potential victims of their rights and give the phone numbers of victim assistance providers, and having law enforcement "on the lookout" at these places would all be effective measures to combat human trafficking.
A recent article in The Charlotte Observer, noted that a human trafficker would routinely pick up women outside of a McDonald's near the interstate where other traffickers had dropped them off. A 2005 Department of Justice Report noted that human traffickers stopped at fast food restaurants, discount retail stores and gas stations in particular as they transported victims to their final destination to be exploited.
A public awareness campaign to educate the employees of these businesses on how to identify potential victims of human trafficking, the placement of brochures in public areas and restrooms that inform potential victims of their rights and give the phone numbers of victim assistance providers, and having law enforcement "on the lookout" at these places would all be effective measures to combat human trafficking.
Thursday, October 22, 2009
The U.S. Department of Labor Gets It Wrong
The United States Department of Labor(DOL) recently released its report on goods produced by child labor or forced labor. In the report, DOL defines child labor in relevant part, as "(A) All forms of slavery or practices similar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict; (B) the use, procuring, or offering of a child for prostitution, for the production of pornography or pornographic purposes; and (C) the use, procuring, or offering a child for illicit activities in particular for the production and trafficking in drugs."
Forced labor is defined as "work provided or obtained by force, fraud, or coercion, including: (1) By threats of serious harm to, or physical restraint against any person; (2) by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) by means of abuse or threatened abuse of law or the legal process."
The DOL concludes that "The majority of forced labor and child labor victims are not trafficked into their situations of exploitation." [Emphasis mine]
This statement is not only patently false, it is absolutely outrageous. The definition of forced labor is taken from the U.S. Trafficking Victims Protection Act(TVPA), any act that satisfies this definition is human trafficking by law. Furthermore, the definition of child labor includes elements found in the TVPA. It is clear that DOL mistakenly equates human trafficking with forced migration, which human trafficking is not. Movement across borders or State lines does not define human trafficking. It is the state of exploitation that defines human trafficking. The Department of Labor must learn what defines human trafficking in order to effectively fight it.
Forced labor is defined as "work provided or obtained by force, fraud, or coercion, including: (1) By threats of serious harm to, or physical restraint against any person; (2) by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) by means of abuse or threatened abuse of law or the legal process."
The DOL concludes that "The majority of forced labor and child labor victims are not trafficked into their situations of exploitation." [Emphasis mine]
This statement is not only patently false, it is absolutely outrageous. The definition of forced labor is taken from the U.S. Trafficking Victims Protection Act(TVPA), any act that satisfies this definition is human trafficking by law. Furthermore, the definition of child labor includes elements found in the TVPA. It is clear that DOL mistakenly equates human trafficking with forced migration, which human trafficking is not. Movement across borders or State lines does not define human trafficking. It is the state of exploitation that defines human trafficking. The Department of Labor must learn what defines human trafficking in order to effectively fight it.
Thursday, August 6, 2009
Falling Through The Cracks: Child Pornography
It will surprise many to learn that child pornography is considered a form of commercial sexual exploitation of children (CSEC) but not human trafficking. In the 2009 Trafficking in Persons Report, the United States Department of State proclaimed that "CSEC includes all child prostitution as well as child pornography. This is not human trafficking per se, as some forms of CSEC such as child pornography are not always a form of human trafficking."
Sadly, the Department of State is right as far as pertaining to child trafficking for the purpose of sexual exploitation. The United States Trafficking Victims Protection Act 2000, as amended, (TVPA) defines severe forms of trafficking in persons as:
"sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age"
The TVPA further defines a commercial sex act as:
"any sex act on account of which anything of value is given to or received by any person."
The term sexual act is defined in Title 18 of the United States Criminal Code Section 2246 as penetration, oral sex and intentional touching. So what of instances of child pornography that involve naked pictures of children who are posing and not engaged in sex acts? Under the TVPA these would not be instances of severe forms of trafficking in persons!
Although child pornography is a form of child trafficking for the purpose of forced labor, it should also be included in the definition of child trafficking for sexual exploitation. Congress should amend the TVPA (now called the William Wilberforce Act) to specifically include child pornography in the definition of severe forms of trafficking in persons for sexual exploitation.
Regardless of any change in the William Wilberforce Act, the Department of State must understand that trafficking children for the purpose of producing pornography is human trafficking.
Sadly, the Department of State is right as far as pertaining to child trafficking for the purpose of sexual exploitation. The United States Trafficking Victims Protection Act 2000, as amended, (TVPA) defines severe forms of trafficking in persons as:
"sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age"
The TVPA further defines a commercial sex act as:
"any sex act on account of which anything of value is given to or received by any person."
The term sexual act is defined in Title 18 of the United States Criminal Code Section 2246 as penetration, oral sex and intentional touching. So what of instances of child pornography that involve naked pictures of children who are posing and not engaged in sex acts? Under the TVPA these would not be instances of severe forms of trafficking in persons!
Although child pornography is a form of child trafficking for the purpose of forced labor, it should also be included in the definition of child trafficking for sexual exploitation. Congress should amend the TVPA (now called the William Wilberforce Act) to specifically include child pornography in the definition of severe forms of trafficking in persons for sexual exploitation.
Regardless of any change in the William Wilberforce Act, the Department of State must understand that trafficking children for the purpose of producing pornography is human trafficking.
Wednesday, February 18, 2009
Human Trafficking for the Purpose of Ritual Sacrifice
The UN Protocol prohibits trafficking for the purpose of organ removal. Organ removal not only means the removal of kidneys for sale on the black market, it also includes the removal of organs and body parts for use in traditional medicine. In South Africa this practice is called "muti", in West Africa it is called "huju" or "juju". No matter what it is called, in all cases it is the same: the abduction of men, women and children for the ritual removal of organs and body parts while the victim is still alive. Traditional healers who use human muti believe that the organs and body parts must be removed while the victim is still alive because the screams of the victim infuses the body parts with the victim's life force, thus increasing the potency of the muti.
People pay traditional healers for muti to increase their luck, prosperity, business opportunities or their chances of wining an election or some one's heart. The traditional healer will choose a victim and remove the body parts or will pay a muti syndicate to abduct a victim and harvest the body parts. Genitals are used to increase virility, body fat to increase luck, lips or the tongue to seduce a lover, hands are buried near businesses to bring in customers, eyes to see into the future, brains to improve performance in college. Ears, eyelids and legs are also used for muti. The organs and body parts are eaten, drunk, smeared over the person using the muti or buried near the person's home or business in order to secure the desired results.
People are afraid to come forward with information against traditional healers who use human muti and the police are reluctant to investigate these crimes out of fear of having a curse placed upon them by the traditional healer.
Human trafficking for the purpose of ritual organ removal occurs in many African countries and is on the rise. Countries must enact and implement anti-trafficking laws to stop this terrible practice.
People pay traditional healers for muti to increase their luck, prosperity, business opportunities or their chances of wining an election or some one's heart. The traditional healer will choose a victim and remove the body parts or will pay a muti syndicate to abduct a victim and harvest the body parts. Genitals are used to increase virility, body fat to increase luck, lips or the tongue to seduce a lover, hands are buried near businesses to bring in customers, eyes to see into the future, brains to improve performance in college. Ears, eyelids and legs are also used for muti. The organs and body parts are eaten, drunk, smeared over the person using the muti or buried near the person's home or business in order to secure the desired results.
People are afraid to come forward with information against traditional healers who use human muti and the police are reluctant to investigate these crimes out of fear of having a curse placed upon them by the traditional healer.
Human trafficking for the purpose of ritual organ removal occurs in many African countries and is on the rise. Countries must enact and implement anti-trafficking laws to stop this terrible practice.
Thursday, February 12, 2009
Do Not Forget The Men
Human trafficking literature focuses primarily on women and girls as the only victims of human trafficking to the detriment of men and boys who also fall victim to human trafficking. Anti-trafficking laws, awareness raising and rehabilitation programs are specifically tailored to women and girls. Anti-trafficking laws in many countries limit the definition of a victim of human trafficking to women and girls. As a result, awareness raising programs are designed to raise awareness solely among women and girls about the dangers of human trafficking. Shelters only accept victims of human trafficking. Education and job skills programs are only available to women and girls.
The International Herald Tribune recently reported on the trafficking of Cambodian men for forced labor on Thai fishing boats at sea. The men were kept at sea for long periods, in some cases years, and often received severe beatings.
There were obstacles to rescuing the men and prosecuting the traffickers. The anti-trafficking laws of both Thailand and Cambodia were written to specifically protect women and children from being trafficked into prostitution and forced labor. Men who may have been victims of human trafficking were treated as illegal immigrants under the law and were deported back to their home countries. Understandably, the men were reluctant to come forward and cooperate with authorities out of fear of being treated as criminals.
Another obstacle is the problem of jurisdiction. Jurisdiction over crimes committed at sea is determined by a complex patchwork of international treaties. Countries are only able to assert jurisdiction in specific circumstances. For example, the United States asserts jurisdiction if four instances: (1) if the ship is U.S. owned, regardless of the nationality of the victim or perpetrator; (2) if the crime occurs in U.S. territorial waters; (3) if the victim or perpetrator is a U.S. national on a ship that departed or is arriving at a U.S. port; or (4) an act of terrorism against the U.S.
It is easy to see how U.S. jurisdiction can be circumvented by traffickers. If the crime of human trafficking occurs on a ship that is not U.S. owned, not in U.S. territorial waters, and neither the victim nor the perpetrator are U.S. nationals, the traffickers cannot be prosecuted by the U.S.
In order to end human trafficking, anti-trafficking laws must include men, women and children in the definition of a victim of human trafficking, and international treaties must allow countries to assert jurisdiction over cases of human trafficking at sea.
The International Herald Tribune recently reported on the trafficking of Cambodian men for forced labor on Thai fishing boats at sea. The men were kept at sea for long periods, in some cases years, and often received severe beatings.
There were obstacles to rescuing the men and prosecuting the traffickers. The anti-trafficking laws of both Thailand and Cambodia were written to specifically protect women and children from being trafficked into prostitution and forced labor. Men who may have been victims of human trafficking were treated as illegal immigrants under the law and were deported back to their home countries. Understandably, the men were reluctant to come forward and cooperate with authorities out of fear of being treated as criminals.
Another obstacle is the problem of jurisdiction. Jurisdiction over crimes committed at sea is determined by a complex patchwork of international treaties. Countries are only able to assert jurisdiction in specific circumstances. For example, the United States asserts jurisdiction if four instances: (1) if the ship is U.S. owned, regardless of the nationality of the victim or perpetrator; (2) if the crime occurs in U.S. territorial waters; (3) if the victim or perpetrator is a U.S. national on a ship that departed or is arriving at a U.S. port; or (4) an act of terrorism against the U.S.
It is easy to see how U.S. jurisdiction can be circumvented by traffickers. If the crime of human trafficking occurs on a ship that is not U.S. owned, not in U.S. territorial waters, and neither the victim nor the perpetrator are U.S. nationals, the traffickers cannot be prosecuted by the U.S.
In order to end human trafficking, anti-trafficking laws must include men, women and children in the definition of a victim of human trafficking, and international treaties must allow countries to assert jurisdiction over cases of human trafficking at sea.
Wednesday, December 31, 2008
Missed Opportunity in Philadelphia
Upper Darby police may have lost the chance to rescue eight young Liberian girls from an international human trafficking ring.
From Philadelphia Daily News:
An alleged sexual assault on an Upper Darby girl led police to a house full
of young, Liberian women - some of them pregnant-who may be involved in international human trafficking.
Now, police are anxious to locate the women, who disappeared after authorities started asking questions and arrested a woman posing as their mother.
[...]
The woman, Ophelia Cheayee, 34, of North Church Lane near Harrison Avenue, was arrested Dec. 11 on charges of aggravated indecent assault, possessing obscene and indecent materials, and corruption of a minor.
Read the story at http://www.philly.com/philly/hp/news_update/20081218_Authorities_investigate_human_trafficking_in_Upper_Darby.html
This story illustrates the need for every state in the United States to adopt an anti-trafficking law and to give training to police officers on all aspects of the law. States should also develop referral mechanisms to ensure that victims of human trafficking receive appropriate services.
The police failed to remove the girls from the home after the sexual assault had been reported because they felt that they did not have a legal basis to do so. This is outrageous on two counts: First, anti-trafficking laws give states the power to remove children from the home in cases of suspected human trafficking; Second, even in the absence of an anti-trafficking law, states have the legal right to remove children the home in cases of suspected abuse.
Certainly in this case the abuse is clear. The 13 year old girl reported being sexually assaulted by a woman with whom she was living and who admitted to police that she did sexually assault the girl. In these circumstances, authorities had the duty to remove all children from the home.
Despite the belief of law enforcement that the girls may be victims of human trafficking, the young girl who reported the assault has not been treated as a possible victim of human trafficking. She was not taken to a shelter and given counseling and medical care, instead she was sent to juvenile detention on an unrelated assault charge stemming from a school incident.
Even though police believe that the children were trafficked from Liberia to Philadelphia for the purpose of sexual exploitation, the woman who admitted to sexually exploiting at least one girl was not charged with human trafficking. She was charged with lesser crimes that do not carry penalties that are comparable to the penalties that are associated with the crime of human trafficking.
Tragically, the girls have disappeared and will be very difficult to locate. None of the girls had identification, and police are unsure of their names. They have likely been transported to another city in the United States and are continuing to be exploited by their traffickers.
From Philadelphia Daily News:
An alleged sexual assault on an Upper Darby girl led police to a house full
of young, Liberian women - some of them pregnant-who may be involved in international human trafficking.
Now, police are anxious to locate the women, who disappeared after authorities started asking questions and arrested a woman posing as their mother.
[...]
The woman, Ophelia Cheayee, 34, of North Church Lane near Harrison Avenue, was arrested Dec. 11 on charges of aggravated indecent assault, possessing obscene and indecent materials, and corruption of a minor.
Read the story at http://www.philly.com/philly/hp/news_update/20081218_Authorities_investigate_human_trafficking_in_Upper_Darby.html
This story illustrates the need for every state in the United States to adopt an anti-trafficking law and to give training to police officers on all aspects of the law. States should also develop referral mechanisms to ensure that victims of human trafficking receive appropriate services.
The police failed to remove the girls from the home after the sexual assault had been reported because they felt that they did not have a legal basis to do so. This is outrageous on two counts: First, anti-trafficking laws give states the power to remove children from the home in cases of suspected human trafficking; Second, even in the absence of an anti-trafficking law, states have the legal right to remove children the home in cases of suspected abuse.
Certainly in this case the abuse is clear. The 13 year old girl reported being sexually assaulted by a woman with whom she was living and who admitted to police that she did sexually assault the girl. In these circumstances, authorities had the duty to remove all children from the home.
Despite the belief of law enforcement that the girls may be victims of human trafficking, the young girl who reported the assault has not been treated as a possible victim of human trafficking. She was not taken to a shelter and given counseling and medical care, instead she was sent to juvenile detention on an unrelated assault charge stemming from a school incident.
Even though police believe that the children were trafficked from Liberia to Philadelphia for the purpose of sexual exploitation, the woman who admitted to sexually exploiting at least one girl was not charged with human trafficking. She was charged with lesser crimes that do not carry penalties that are comparable to the penalties that are associated with the crime of human trafficking.
Tragically, the girls have disappeared and will be very difficult to locate. None of the girls had identification, and police are unsure of their names. They have likely been transported to another city in the United States and are continuing to be exploited by their traffickers.
Friday, December 19, 2008
Human Trafficking in Refugee Camps
Refugee camps are intended to be a place of safety for those who are fleeing war and conflict. Unfortunately militias, government forces, peacekeepers and even other refugees have used the camps as a captive source of vulnerable people who can be easily exploited.
Men and women fall prey to human traffickers in the refugee camps. However, children, especially unaccompanied children, are especially vulnerable to human trafficking. Children, some as young as five years old, are taken from refugee camps and forced to become soldiers. In Africa, child soldiers are forced to take drugs such as "Brown Brown" (cocaine mixed with gunpowder) and "Tik-Tik" (crystal meth) to dull their fear and to heighten aggression and brutality. The children are forced to take "Mandrax" (Methaqualone aka. Quaalude), which are sleeping pills, in order to bring them down from their high. These drugs are so highly addictive that after being rescued, some children return to their traffickers in order to obtain drugs to feed their drug habit. Children are often rejected by their communities because of the atrocities they committed while they were forced to be soldiers.
In addition to being exploited as forced combatants, both boys and girls are forced into sexual slavery and are exploited for forced labor as porters, cooks, cleaners and firewood gatherers. Girls who return from the war with children of their own face stigmatization and rejection by their families and communities.
In order to prevent the exploitation and suffering of refugees, there must be increased security in the refugee camps. The United Nations High Commissioner for Refugees must include combating human trafficking in its mandate for refugee camps. Demobilization programs must include drug rehabilitation programs in order to successfully transition children back into civilian life. Refugees who have been trafficked need psychological and physical care as well as help reintegrating into their communities.
Men and women fall prey to human traffickers in the refugee camps. However, children, especially unaccompanied children, are especially vulnerable to human trafficking. Children, some as young as five years old, are taken from refugee camps and forced to become soldiers. In Africa, child soldiers are forced to take drugs such as "Brown Brown" (cocaine mixed with gunpowder) and "Tik-Tik" (crystal meth) to dull their fear and to heighten aggression and brutality. The children are forced to take "Mandrax" (Methaqualone aka. Quaalude), which are sleeping pills, in order to bring them down from their high. These drugs are so highly addictive that after being rescued, some children return to their traffickers in order to obtain drugs to feed their drug habit. Children are often rejected by their communities because of the atrocities they committed while they were forced to be soldiers.
In addition to being exploited as forced combatants, both boys and girls are forced into sexual slavery and are exploited for forced labor as porters, cooks, cleaners and firewood gatherers. Girls who return from the war with children of their own face stigmatization and rejection by their families and communities.
In order to prevent the exploitation and suffering of refugees, there must be increased security in the refugee camps. The United Nations High Commissioner for Refugees must include combating human trafficking in its mandate for refugee camps. Demobilization programs must include drug rehabilitation programs in order to successfully transition children back into civilian life. Refugees who have been trafficked need psychological and physical care as well as help reintegrating into their communities.
Wednesday, December 17, 2008
Human Trafficking in Detroit?
A Detroit woman has been arrested for hosting a prostitution party involving 19 prostitutes that also included nude dancing by two 16 year old girls, one of whom is the woman's daughter. Those attending the party had to pay a $15 cover charge in addition to what the prostitutes charged for sex. The woman was charged with Child Sexually Abusive Material. However, this may be a case of human trafficking.
This is the definition of human trafficking that is contained in the United States Trafficking Victims Protection Act 2000, as amended:
Read the story at http://www.myfoxdetroit.com/.
This is the definition of human trafficking that is contained in the United States Trafficking Victims Protection Act 2000, as amended:
SEVERE FORMS OF TRAFFICKING IN PERSONS.-
The term "severe forms of trafficking in persons" means-
(A) sex trafficking in which a commercial sex act is induced
by force, fraud, or coercion, or in which the person induced
to perform such act has not attained 18 years of age;
(B) the recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use of
force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
Note that force, fraud or coercion are not required when the victim is younger than 18 years old.
As to the two 16 year old girls, this is a case of human trafficking for sexual exploitation. The woman received money in exchange for the two girls engaging in sexually explicit conduct, which is defined in the United States Criminal Code as the graphic lascivious exhibition of the genitals of any person, and may have prostituted the two girls as well.
Also, contrary to the widespread belief that a victim must be transported in order to be considered trafficked, it should be noted that the woman's daughter was not transported anywhere, she was exploited in her own home for money.
Read the story at http://www.myfoxdetroit.com/.
Monday, December 15, 2008
Human Trafficking Begins with Greed
Just as with slavery, the primary motivation for trafficking in human beings is not the withering grind of poverty, but the determined power of insatiable greed. Now, as then, it is greed that drives men and women to seek their fortune in the enslavement and suffering of others. Human trafficking is a highly profitable criminal enterprise that is driven by greed and it must be analyzed as such in order for it to be eradicated.
Human trafficking is so profitable that it is now in third place behind the traffic in arms and drugs in revenue generation. Criminals in search of low-risk, high-yield profits have eagerly added human trafficking to their crime portfolios. Unlike arms or drug dealers, human traffickers do not have to buy their "product" from middlemen and then recoup the cost of purchase on the street. Arms and drug dealers only make money at a single point of sale. Human traffickers, on the other hand, are able to make money over the lifetime of the victim.
Human traffickers procure victims through fraud, coercion or deceit, and the money that is made from the exploitation of these victims is taken by the trafficker. In addition, the victims incur a "debt" for transport, shelter, food or any medical attention received and are fined for "infractions" all of which must be repaid to the trafficker. Furthermore, the victim can be exploited multiple ways, often suffering more than one form of exploitation at a time and sold multiple times. Each time the victim is resold, the debt and the fines are reinstated and increased. Human trafficking generates pure profit for the traffickers.
Human trafficking is so profitable that it is now in third place behind the traffic in arms and drugs in revenue generation. Criminals in search of low-risk, high-yield profits have eagerly added human trafficking to their crime portfolios. Unlike arms or drug dealers, human traffickers do not have to buy their "product" from middlemen and then recoup the cost of purchase on the street. Arms and drug dealers only make money at a single point of sale. Human traffickers, on the other hand, are able to make money over the lifetime of the victim.
Human traffickers procure victims through fraud, coercion or deceit, and the money that is made from the exploitation of these victims is taken by the trafficker. In addition, the victims incur a "debt" for transport, shelter, food or any medical attention received and are fined for "infractions" all of which must be repaid to the trafficker. Furthermore, the victim can be exploited multiple ways, often suffering more than one form of exploitation at a time and sold multiple times. Each time the victim is resold, the debt and the fines are reinstated and increased. Human trafficking generates pure profit for the traffickers.
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