Presentation on theme: "Polaris Master Training Presentation by: Polaris Project Staff [special thanks] Trafficking in Persons Human trafficking is a form of modern-day slavery,"— Presentation transcript:
Polaris Master Training Presentation by: Polaris Project Staff [special thanks] Trafficking in Persons Human trafficking is a form of modern-day slavery, and is a federal crime since the passage of the Trafficking Victims Protection Act (TVPA) of For additional information, please visit:
Human Trafficking: Legal Definitions International Law The UN Protocol United States Federal Law The Trafficking Victims Protection Act (TVPA)
The UN Protocol (a)Formal name: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Supplementing the United Nations Convention Against Transnational Organized Crime) (b)Signed on December 15, 2000 in Palermo, Italy (c)Occurred at the Signing Conference for the United Nations Convention on Transnational Organised Crime, held from December 12-15, 2000 (d)Signed by Heads of State and Ministers from more than 80 member States (double the number required) (e)The UN Protocol represents the first time that trafficking in persons is defined in an international instrument. (f)Note Scope of Application due to Transnational Crime – difference between definition and scope of application (g)Serves as model language and a common framework for each country that adopts their own national anti-trafficking law (h)Offers guidelines for implementation for each country that adopts its own law (e.g., definitions should not be limited to transnational trafficking)
The UN Protocol – Full Text (a)Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b)The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c)The 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 in subparagraph (a) of this article; (d)Child shall mean any person under eighteen years of age
The Trafficking Victims Protection Act (TVPA) of 2000 (a)The first comprehensive Federal Law on Trafficking in Persons (b)Sponsored by Rep. Chris Smith (NJ) and a diverse bipartisan coalition (c)Made changes to U.S criminal policy, immigration policy, human rights policy, foreign policy (d)3-P paradigm: Protection, Prevention, and Prosecution PROTECTION – Certification Process and Eligibility for Benefits for foreign national victims Creation of the T-visa (5000/yr) Witness Protection PREVENTION – International initiatives for economic alternatives in source countries PROSECUTION – Creates new criminal offenses (e.g., 1589, 1590, 1591, 1592) and increases penalties for existing offenses (e)Misc. - Interagency Task Force, TIP Office, Annual Report (Three Tiers), SPOG
Legal Definitions under the TVPA of 2000 Severe Forms of Trafficking in Persons are defined as: (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 an act has not attained 18 years of age; or (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. More informally stated - Three different categories of human trafficking: 1)Minors involved in commercial sex; 2)Those over the age of 18 involved in commercial sex via force, fraud, or coercion; 3)Those trafficked into forced labor or services, or involuntary servitude, peonage, debt bondage, or slavery, via force, fraud, or coercion (minors or adults)
Legal Definitions Explained – Elements of the Crime of Trafficking in Persons A CTION Recruits, Harbors, Transports, Provides, OR Obtains (or so attempts) M EANS (Force, Fraud, Coercion) Causing or threatening serious harm Causing or threatening physical restraint Threats of abusing or abuse of the legal process Document confiscation Causing or threatening financial harm Using financial control over or debt bondage P URPOSE Commercial sex acts OR Labor or Services OR Subjection to involuntary servitude, peonage, debt bondage, or slavery ***Sexual Servitude of a Minor: Means (entire 2 nd column) not required for minors under age 18 for commercial sex acts Modified from Original model – MIHRC, copyright 2003 ***NOTE: Standard to keep in mind is SERIOUS HARM
Examples of Means – Methods of Control Force: Physical assault (Beating, burning, slapping, hitting, assault with a weapon, etc), sexual assault, rape, gang rape, and physical confinement and isolation Fraud: False employment offers, lying about work conditions (example: not telling someone that commercial sex will be required), false promises, withholding wages Coercion: Any threats to life, safety, to family members or other similar parties. Threats involving immigration status or arrest. Debt bondage: use and manipulation of debt to control the victim. Withholding legal documents such as government documents. Creating a climate of fear. Psychological abuses. **Note: Sophisticated Methods of Control – Psychological Bondage
Legal Definitions Explained – Smuggling vs. Human Trafficking HUMAN TRAFFICKING U.S.C §1584, 1589, 1590, 1591, 1592 A crime against a person Involves forced labor or service, or commercial sex acts Transportation can be, but not required, as an element Ongoing control Smuggling debt can be used as a means of control SMUGGLING U.S.C §1324 A crime against a countrys borders Requires illegal border crossing Often transportation only Control ends at the border Can be a gateway to trafficking if it leads to forced labor *Title 18, Part 1, Chapter 55 – Kidnapping (Sec. 1201)
Legal Definitions Explained – Sexual Assault vs. Sex Trafficking SEX TRAFFICKING U.S.C §1591 (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 an act has not attained 18 years of age; or A commercial sex act = any sex act on account of which anything of value is given to or received by any person Induced by force, fraud, or coercion If Minor (no means required) SEXUAL ASSAULT U.S.C §2241 Aggravated sexual abuse Title 18, Part 1, Chapter 109A Whoever knowingly causes another person to engage in a sexual act – (1)by using force against that other person; (2)by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so. Imprisoned for any term of years or life, or both.
Legal Definitions - Top 4 Myths about Trafficking in Persons Myth 1: Trafficked persons must be foreign nationals/only are immigrants. Reality: Trafficked persons can be either U.S. citizens or foreign nationals - both are equally protected under the federal trafficking statutes. Many trafficked persons in the US are legal residents. Myth 2: Trafficking requires transportation across state or national borders. Reality: The legal definition of trafficking does not require transportation, although transportation may be involved, and although the word connotes movement. Unlike the Mann Act, no interstate transportation is required. Myth 3: If the trafficked person consented before the abuse or was paid, then it is not trafficking. Reality: Consent prior to an act of force, fraud, or coercion (or if the victim is a minor with sex trafficking) is not relevant, nor is payment. Myth 4: There must be elements of physical restraint or bondage for it to be trafficking. Reality: The legal definition of trafficking does not require physical restraint. Psychological means of control are sufficient elements of the crime.
State-level Anti-Trafficking Laws In addition to the Federal TVPA, there is currently a growing number of States that have passed anti-trafficking criminal statutes that make trafficking a State crime. As of May 2006 –17 States have passed criminal statutes against trafficking (AR, AZ, CA, FL, GA, IA, ID, IL, IN, KS, LA, MO, NJ, NV, SC, TX, WA) –7 States have passed legislation to create task forces or research commissions on trafficking –11 States have pending anti-trafficking criminal bills –5 States have pending legislation for task forces or research commissions Based on these new laws, a future trend in the anti-trafficking movement will be a rise in State-level prosecutions of traffickers
Human Trafficking in the United States - A Framework for Understanding Types of Human Trafficking U.S. Citizens (Internal) Foreign nationals (Transnational) Sex Trafficking Labor Trafficking NOTE: All four types of human trafficking are equally protected under U.S. law
Human Trafficking in the United States - Scope and Statistics An estimated 14,500-17,500 foreign nationals are trafficked into the United States each year for both sexual and labor exploitation. (CIA) Trafficking investigations have been initiated in all 50 States (DOJ) and trafficking cases have been reported in 91 U.S. cities (Free the Slaves). Hundreds of thousands of U.S. citizens are estimated to be at high risk for being trafficked within the United States, many of them prostituted children. (University of Pennsylvania, 2001) Protection Project TOTAL TRAFFICKING IN U.S 14,500-17,500 + Internal = XXXX
Scope and Statistics (Global and U.S.) 3rd largest criminal industry in the world, after arms and drugs smuggling, and fastest growing (CIA) (some say 2 nd largest) 600, ,000 individuals trafficked across international borders each year Yields an estimated $9 billion in profits each year (based on only transnational trafficking estimates) Majority of victims are estimated to be women and children Only a small percentage of potential total victims have been officially identified and assisted in the U.S.
Who are the victims? Major Source Regions (for U.S.): United States (Internal) Latin America Southeast and East Asia Eastern Europe/Russia/FSU Africa (increasingly) VULNERABLE populations: Undocumented migrants Runaway and homeless youth Oppressed or marginalized groups Those living in poverty Victims of abuse Women and families in debt Displaced peoples (natural disasters) No Single Typical Face of a Victim: Trafficking Victims are: Men and women Adults and children Individuals, families, or groups Educated or illiterate U.S. citizens or foreign nationals Documented or undocumented Human trafficking cuts across age, gender, ethnicity, race, and nationality What is your typical image of a trafficking victim?
Who are the Traffickers? Characteristics: May be members of victims own ethnic or national background Common denominator: Willingness to exploit others for profit May be engaged in other criminal activities U.S. Spotlight: Decentralized Criminal Networks: Group sizes range from 2-25 Inter-related groups and roles Mostly informal and work ad hoc; loose-knit Highly responsive and flexible to market forces Diverse Trafficking Operations: Individuals – Individual pimps – Neighbors, friends, relatives – Foreign diplomats and staff Small, independently-owned businesses – Small contractors/agents Small decentralized criminal operations – May involve family or extended family – Hierarchies of pimps Intl. Organized crime syndicates – Russian mafia, Triads, Yakuza Less centralized More centralized What is your typical image of a trafficker?
QUESTION: Why would someone become a human trafficker? - Low Barriers to Entry - Minimal Start-Up Costs - Little Knowledge Required - LOW RISK - HIGH PROFITS - Thriving Market Demand - Other Thoughts?
Testimonies from Survivors Testimony – Foreign National: When I was fourteen, a man came to my parents' house in Veracruz, Mexico and asked me if I was interested in making money in the United States. He said I could make many times as much money doing the same things that I was doing in Mexico. A week later, I was smuggled into the United States through Texas to Orlando, Florida. It was then the men told me that my employment would consist of having sex with men for money. Because I was a virgin, the men decided to initiate me by raping me again and again, to teach me how to have sex. Over the next three months, I was taken to a different trailer every 15 days. Every night I had to sleep in the same bed in which I had been forced to service customers all day. I couldn't do anything to stop it. I wasn't allowed to go outside without a guard. Many of the bosses had guns. I was constantly afraid. Because I was so young, I was always in demand with the customers. It was awful. Although the men were supposed to wear condoms, some didn't, so eventually I became pregnant and was forced to have an abortion. They sent me back to the brothel almost immediately. I cannot forget what has happened…I still feel shame. I was a decent girl in Mexico. I used to go to church with my family. I only wish none of this had ever happened. -Rosa, Age 14, Trafficked in Florida Testimony – US Citizens: So whats it really like for us? The pimps tell us about the sneakers and jeans theyll buy us, but they never tell us that well never see any of the money we make. They dont tell us what will happen when we dont make the quota they have set for us that night, the beatings, the physical torture well receive if we break one of the ever-changing complex set of pimp rules. Looking at another pimp, for example, can earn a severe beating, so we learn very quickly to look down at all times to protect ourselves no matter what, to be loyal or faithful to the man that scares us the most. It feels like theres no safe place for us, because out on the streets we take our lives into our hands every night. Every time we get into a car or go to a motel room, we never know if well come back. We know girls who didnt. How does it affect us? Seventy to eighty percent of us are diagnosed with post traumatic stress disorder even though we cant articulate or understand why we feel so numb to the pain we experience. We have nightmares in the daytime and terrors in the night. Many of us have STDs, some of us can no longer have children. Some of us are infected with HIV or AIDS. Many of us have physical scars, but all of us have scars that no one will ever see. We know how society feels about us, and we begin to internalize the stigma and we always carry around a sense of shame and self-loathing for the things that weve done. -Testimony of Rachel Lloyd, a survivor of child sex trafficking
Factors That Make a Person Vulnerable Poverty-driven migration (within and between countries) Poverty-driven migration (within and between countries) Limited educational and economic opportunities Limited educational and economic opportunities Dysfunctional families and institutions Dysfunctional families and institutions Stigmatization and persecution Stigmatization and persecution Poverty, desperation, and receptivity to false promises Poverty, desperation, and receptivity to false promises Desire to travel or travel to new locations for a better life Desire to travel or travel to new locations for a better life Migration due to perceptions of developed countries Migration due to perceptions of developed countries Displacement from civil unrest Displacement from civil unrest Displacement from natural disasters Displacement from natural disasters (e.g., tsunami, hurricanes) Modified from Washington, DC Task Force Community Outreach Presentation, 2006
Factors That Make Human Trafficking Possible Demand for commercial sex or cheap labor Demand for commercial sex or cheap labor Traffickers greed and willingness to exploit Traffickers greed and willingness to exploit Relatively low levels of arrests, investigations, and prosecutions Relatively low levels of arrests, investigations, and prosecutions Relatively low levels of community awareness Relatively low levels of community awareness Traffickers perceptions of low risk and high profits Traffickers perceptions of low risk and high profits Lack of safe migration options for immigrants Lack of safe migration options for immigrants Historically uncoordinated community or regional responses Historically uncoordinated community or regional responses Limited legal rights and protections for children Limited legal rights and protections for children A support structure of legal businesses (e.g., advertising) A support structure of legal businesses (e.g., advertising) The culture of silence in some communities The culture of silence in some communities Modified from Washington, DC Task Force Community Outreach Presentation, 2006
What People are Trafficked For Trafficked persons have been identified in the following: –Commercial sexual exploitation/prostitution –Massage parlors, room salons, hostess clubs, residential brothels, escort services –Phone chat lines for commercial sex and internet dating –Exotic dancing/Stripping/Pornography –Domestic work and child care (Domestic servitude) –Factory work/Sweat shops –Agricultural work –Landscape work –Restaurants –Nail salons –Construction labor –Servile Marriages/International Marriage Brokers (IMBs) (Bride trafficking) –Hotel housekeeping –Day labor –False adoption Common threads? Often unregulated industries and low-wage labor
A Continuum of Exploitation Working Conditions Voluntary Labor rights upheld Freedom to resign Working Conditions Instances of Human Trafficking STRUCTURAL FACTORS - institutions SOCIETAL FACTORS -racism, sexism ECONOMIC FACTORS -poverty, class - marginalization DEGREES OF PRIVILEGE INEQUALITIES Applies to Both Sex and Labor Trafficking
Why Victims Dont Leave Common Reasons why victims cannot or will not leave their exploitative situations (For both Foreign National and US Citizens): –Captivity, confinement, and physical restraint (or threat thereof) –Frequent accompaniment and being guarded/Frequent movement –Use and threat of violence –Use of reprisals and threat of reprisals against loved ones or third parties –Fear –Shame –Self-blame –Debt bondage –Traumatic bonding to the trafficker –Cant identify how to get back home Methods of Control – What You Cant See
Why Victims Dont Leave (Contd) Common Reasons why victims cannot or will not leave their exploitative situations (Contd) (For both Foreign National and US Citizens): –Language barriers, social barriers, and unfamiliarity –Isolation –False promises and misinformation –Psychological trauma and dissociation –Lack of personal identification documents –Distrust of law enforcement or service providers –Lack of awareness of available resources –Low levels of self-identification as victims –Hopelessness and resignation (believing no one cares to help) –Normalization of exploitation Methods of Control – What You Cant See
Quick Reference – Rapid Trafficking Assessment The following are selected questions that are helpful to be thinking about when identifying situations of human trafficking: –Was the person recruited? Were they promised anything? –How did the person find out about the job? –What are the working conditions? –Is the person being paid? –Is the person free to leave? –Are there incidences of physical and/or sexual assault? –Has the person been threatened? What are the threats? –Is the person in control of their own identification documents? –How many hours does the person work each day? –What are the persons living conditions? –Is the person being held against their will? –Is the person being watched or followed? –Is the person afraid to discuss her or himself in presence of others? NOTE: Each question taken individually can imply a trafficking situation. Questions are not intended to be cumulative in nature.
Physical Violence: Physical assault (Beating, slapping, assault with a weapon, etc), sexual assault, rape, murder, and physical confinement and isolation Violence may come from traffickers and buyers Health effects often go untreated Creates a climate of intense fear and submission Psychological Violence: Threats to life, safety, to family members or other parties. Systematic breakdown of self-esteem and encouragement of dependence through emotional abuse. Psychological abuse may come from traffickers and buyers Similarities to domestic violence and Battered Womens Syndrome Leads to depression, anxiety, suicidal behavior, PTSD, disassociation, flat affect, substance abuse The Burden of Violence
Comprehensive Service Needs Emergency, Transitional, and Long-term housing Legal services Medical/mental health services Clothing and food Court and daily accompaniment Crisis intervention Emotional support and counseling Employment assistance Interpretation/translation (if foreign) Protection/safety planning Social service advocacy Transportation Literacy education (school, G.E.D.)
A Victim-Centered Approach A Paradigm Shift Things to Consider Distrust of law enforcement May not understand the crime of human trafficking Trauma and coping mechanisms Need for comprehensive services High level of collaboration between LE and NGOs From Being Seen as Criminals To Being Treated like Victims of a Crime Federal experience has shown that prosecution without victim protection is unworkable. – U.S. Department of Justice (DOJ)