H UMAN T RAFFICKING S ECTION Jason Sherman – Spring 2012

I NTRODUCTIONS Namecards Jason Sherman 3L Harvard Law School Harvard College 2010 – Economics Davis Polk and Wardwell – NY M&A and Capital Markets BCG Community Legal Services of Mid Florida, LACCF, and Greater Boston Legal Services From Orlando, Florida Everyone Else

R ULES /P ROCEDURES FOR S ECTION No Laptops (officially) Section is Mandatory Let me know if you need to attend my other section Discussion Questions Tuesday Evening at 8pm 3 Discussion Questions/1 Hypo ‘A’ Graded Hypo Examples later

P LAN FOR T ODAY Forced Labor Human Trafficking Slavery

F ORCED L ABOR

What is forced labor?

F ORCED L ABOR – D IFFERENT T YPES What are different types of forced labor? Forced Labor Prostitution? Child Labor Domestic Labor? Soldiers Slavery Traditional Labor Slavery Sex Slavery Modern Very Hard Labor Human Trafficking Organ Trafficking Illegal Adoptions Domestic Servitude Bonded Labor

F ORCED L ABOR – D IFFERENT T YPES Forced Labor Convention – ILO “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily ”

F ORCED L ABOR – D IFFERENT T YPES Hypo: In Roman times, Gladiators were slaves immensely trained and sent to fight each other in an arena (sometimes to the death). Many became legends and heroes of their time. However, most people do not realize that nearly 50% of Gladiators volunteered to become enslaved in order to achieve glory in the arena in front of crowds or to pay off their debts. Once enslaved, one could not tell the difference between them and the Gladiators that were true slaves. They were forced to work, train, and service their masters and had to earn their freedom like any other slave—some even died before making it to the arena itself. “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily ”

H UMAN T RAFFICKING

H UMAN T RAFFICKING – D IFFERENT T YPES Human Trafficking - Palermo Protocol U.N. Agreement on Human Trafficking “Trafficking in persons" shall mean the recruitment, transportation, transfer, harboring 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 labor services, slavery or practices similar to slavery, servitude or the removal of organs

H UMAN T RAFFICKING Hypothetical on “Exploited” For the past 20 summers, Tina has left her home in Mexico to work on a farm in the United States. She is not allowed to leave the farm, is beat if she gets sick or stops working, is mostly starved and deprived of water and is not allowed to retain her passport. Yet, she continues to return home with a small amount of money ($5-$10) each year.

H UMAN T RAFFICKING – D IFFERENT T YPES Thee Elements of Human Trafficking (Palermo) Criminal Act Recruitment, transportation, transfer, harboring, or reception of persons Means Used Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability or giving payments or benefits to a person in control of the victim. Goals for Trafficking Sexual exploitation, forced labor, slavery or similar practice and even the removal of organs

T RAFFICKING H YPO – G OV R EGULATION Should governments regulate agents who supply domestic/farm/other labor to other nations (the home agent, away agent)? Samantha has a distant family member (like Ms. Fernando did) who runs an agency business in Sri Lanka. She knows that there is a 20% chance she will end up a victim of slavery or perhaps dead. However, there is an 80% that the work will be reasonable as promised and she will return after two years will a lot of money for her and her children. She approaches her relative to seek employment in a foreign home. Should governments instead focus on finding jobs for young people?

S LAVERY

What is Slavery?

C ONVENTION OF L EAGUE OF N ATIONS ‘Slavery is the status or condition of a person over whom any or all the powers attaining to the right of ownership are exercised.’ ‘the powers attaching to the right of ownership’ Constituting control over a person in such a way as to significantly deprive that person of his or her individual liberty, with the intent of exploitation through the use, management, profit, transfer, or disposal of that person.

B ALES D EFINITION “ control over a person in such a way as to significantly deprive that person of his or her individual liberty, supported by and obtained through force, threat, deception and/or coercion, with the intent of exploitation through the use management, profit, transfer or disposal of that person”

P ATTERSON D EFINITION A form of personal, corporeal domination, by the slaveholder or his agent, based on the exercise or threat of physical and psychological violence. absolute power of master over salve “natal alienation” or “social alienation” absolute degradation

E STIMATES OF S LAVERY Bales – 27 Million ILO (forced labor) – 12.3 Million 80% for private agents, and 20% for the state Patterson – 8.98 Million Difference? Bales thinks its ILO difference because of the large uncertainty of forced labor in India alone. Patterson vs. Bales

T RAFFICKING VS. S MUGGLING Trafficking How to define it? Smuggling How to define it? Where can profit come from in both? What is the difference between the two? Can they be hard to distinguish? Was Mrs. Fernando smuggled, trafficked or both? Which is worse?