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Trafficking in Persons
“Neary grew up in rural Cambodia. Her parents died when she was a child, and, in an effort to give her a better life, her sister married her off when she was 17. Three months later they went to visit a fishing village. Her husband rented a room in what Neary thought was a guesthouse. But when she woke the next morning, her husband was gone. The owner of the house told her she had been sold by her husband for $300 and that she was actually in a brothel” ( Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report , U.S. Department of State, 2005).
Summary
A Czech woman with hopes of making money as a waitress travels to Amsterdam only to be forced to work in a brothel.
A Cambodian woman marries and her husband immediately leaves her in a hotel in another village. She learns that the hotel is a brothel and is forced to pay off the price the hotel owner had paid for her.
An Albanian mother receives a color television in exchange for one of her sons.
This is the world of trafficking in persons (Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report, U.S. Department of State, 2004). The Victims of Trafficking and Violence Protection Act of 2000 (TVPA) defines severe forms of trafficking 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.”
Human trafficking is a global market in which the “supply of victims is encouraged by many factors including poverty, the attraction of perceived higher standards of living elsewhere, lack of employment opportunities, organized crime, violence against women and children, discrimination against women, government corruption, political instability, and armed conflict.” (Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report, U.S. Department of State, 2005).
To feed the demand of the sex industry and take advantage of exploitable labor, slave traders prey on vulnerable woman and children. Traffickers gain the trust of women and children through coercion and trickery. “Very often these ruses involve promises of marriage, employment, educational opportunities, or a better life” (Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report, U.S. Department of State, 2004).
The supply and demand of the modern day slave trade is a multifaceted threat to all nations. Human trafficking is not only a human rights abuse, but it promotes the breakdown of family and community support, fuels organized crime, deprives countries of human capital, undermines public health, creates opportunities for extortion and subversion among government officials, and imposes large economic costs. “Fundamentally, trafficking in persons violates the universal human right to life, liberty, and freedom from slavery in all its forms” (Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report, U.S. Department of State, 2005).
The 13th Amendment to the U.S. Constitution explicitly states, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” As such, the United States passed the Victims of Trafficking and Violence Protection Act of 2000 (TVPA). In accordance with Section 105 of this Act, the President established the Interagency Task Force to Monitor and Combat Trafficking and directed that the Task Force—
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Coordinate the implementation of the Trafficking Victims Protection Act 2000.
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Measure and evaluate the progress of the United States and other countries in the areas of trafficking prevention, protection and assistance to victims of trafficking, and prosecution and enforcement against traffickers.
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Expand interagency procedures to collect and organize data, including significant research and resource information on domestic and international trafficking. Any data collection procedures established under this subsection shall respect the confidentiality of victims of trafficking.
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Engage in efforts to facilitate cooperation among countries of origin, transit, and destination. Such efforts shall aim to strengthen local and regional capacities to prevent trafficking, prosecute traffickers, and assist trafficking victims, and shall include initiatives to enhance cooperative efforts between destination countries and countries of origin and assist in the appropriate reintegration of stateless victims of trafficking.
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Evaluate the role of public corruption in facilitating trafficking.
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Examine the role of the international “sex tourism” industry in the trafficking of persons and in the sexual exploitation of women and children around the world.
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Engage in consultation and advocacy with governmental and nongovernmental organizations, among other entities, to advance the purposes of the Trafficking Victims Protection Act 2000.
An amendment to the TVPA, the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA), made several important changes. Three of the four minimum standards for the elimination of trafficking were amended. In particular, the fourth minimum standard, which stated, “The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons,” was strengthened (Victims of Trafficking and Violence Protection Act of 2000). Three new criteria were added to the existing seven set forth in the 2000 TVPA, and the language for criterion one and seven was amended. In addition, The TVPRA created a “Special Watch List” of countries to receive special scrutiny during 2004 (Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report, U.S. Department of State, 2004).
The strategy to effectively decrease trafficking in humans is threefold. First, the supply of victims must be depleted. Improving the conditions that are a catalyst to trafficking can decrease the supply of victims. Examples include educating communities about trafficking, improving school systems, and creating economic opportunities. Second, traffickers need to be sought out, arrested, and prosecuted. Law enforcement programs must focus on identifying slave traders, trafficking routes, and public corruption. Third, an effective strategy must include identifying and prosecuting individuals who exploit trafficked persons (Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report, U.S. Department of State, 2004).
As victims of severe forms of trafficking are identified, they may be eligible for services that are generally available to Federal crime victims. Victim specialists in the Federal Bureau of Investigation, the U.S. Citizenship and Immigration Services, and U.S. Attorney's Offices can provide assistance to victims of Federal crime by offering information on the following topics:
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Available protection and remedies for victims, especially against threats and intimidation.
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Emergency medical and social services.
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Shelter options.
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Referrals to public and private programs available to provide counseling, treatment, and other services.
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Support to victims, such as domestic violence and rape crisis centers.
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Victims' rights and their role in the criminal justice process.
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Investigation status and notice of important case events.
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Crime victim compensation through State compensation programs and how to apply.
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Restitution.
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Right to individual privacy and confidentiality issues.
(Trafficking in Persons: A Guide for Non-Governmental Organizations, U.S. Department of Justice, 2002)
Finally, in order to better assist victims of trafficking, recommendations have been made to service providers in a National Institute of Justice (NIJ) sponsored report by Caliber Associates titled Needs Assessment for Service Providers and Trafficking Victims. These recommendations include, but are not limited to, advancements and changes to collaboration and communication, the TVPA, training, education and outreach, and case management (2003).
This topical resource on
Trafficking in Persons
contains the following information:
Facts and Figures – Includes the latest information and statistics.
Legislation – A sample of links to online Federal and State legislation and testimony.
Publications – A sample of available resources.
Programs – Examples of State and local programs and initiatives available online.
Training and Technical Assistance – A sample of training and technical assistance opportunities available through nationally recognized agencies and associations.
Grants and Funding – Links to Federal funding opportunities.
Related Resources – Examples of nationally recognized agencies and organizations that provide services or information.
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