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NLA/NEMA Human Trafficking 101 & Data Issues 10-7-11-post to nlaPresentation Transcript
Human Trafficking in theUnited States 101 & Data Issues. 1 ANCHALEE (JOY) PANIGABUTRA-ROBERTS ASSISTANT PROFESSOR METADATA & MULTICULTURAL SERVICES LIBRARIAN/ WOMEN’S AND GENDER STUDIES LIBRARY LIAISON & FACULTY AROBERTS4 AT UNL DOT EDU 10-07-2011
Overview 2 Introduction Human trafficking: legal definitions and types of HT Examples of cases in the U.S. Data: How big is the problem? U.S. (federal and state, including Nebraska‟s) responses Resources „Dying to Leave‟ PBS video clips Q&A
Human Trafficking. 4WHAT HAVE YOU LEARNED FROM THE MEDIA ABOUT HUMAN TRAFFICKING? WHAT ARE THE DIFFERENT TYPES OFHUMAN TRAFFICKING YOU LEARNED BEFORE THE MEETING?
Human Trafficking: Definitions. 5 U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol), 2000. U.S. Trafficking Victims Protection Act of 2000, as amended (TVPA).
U.N.’s Palermo Protocol : definition. 6Trafficking in persons - defined as:“…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; …”Protocol to Prevent, Suppress and Punish Trafficking in Persons … United Nations. 2000.http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/con vention_%20traff_eng.pdf
Trafficking Victims Protection Act of 2000 (TVPA), as amended (1). 7 The Trafficking Victims Protection Act defines "severe forms of trafficking in persons" as: (a) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person is 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.**Note: U.S. excludes organ trafficking in its definition. **
William Wilberforce Trafficking Victims Protection Reauthorization Act 2008 (2) 8 Foci on forced labor and child labor (international). Domestic workers and other nonimmigrants (in the U.S. ~ i.e. U.S. citizens and residents). More data and research. Information on the U.S. Laws on Trafficking in Persons: http://www.state.gov/g/tip/laws/index.htm
Major types of Human Trafficking. 9 *Sex trafficking (all genders, adults and children) *Labor trafficking (or, forced labor, including domestic servitude) Servile marriages Organ trafficking (see the ppt note area). See also types of human trafficking in U.S. Dept. of State’s Trafficking in Persons Report (TIP Report) (2011): http://www.state.gov/g/tip/rls/tiprpt/2011/164220.ht m
Examples of Cases in the U.S. 10 Domestic workers, diplomats, and diplomatic immunity (posted in Washington Diplomat archive, February 2010): http://bit.ly/reSVs6 ACLU‟s lawsuit & anti-trafficking laws addressed the problem. Focusing on the workers‟ rights (A-3 visas – household employees of the diplomats; G-5 visas – employees of international agencies (UN, etc.), B-1 visas – all business categories) http://www.blog.polarisproject.org/?p=377 National Domestic Workers Alliance. Campaigns (NY, CA, ILO, etc.) http://www.domesticworkers.org/campaigns NY Domestic Workers Bill of Rights: http://domesticworkersunited.org/rightsandresources.php
11“Police reports fromDuluth showed that Nativegirls were being lured offreservations, taken ontoships in port, beaten, andgang-raped. Tribaladvocates in South Dakotaand Minnesota had alsobegun raising red flags,reporting that Native girlswere being trafficked intoprostitution, pornography,and strip shows over statelines and internationally toMexico. In Canada,research studies wereconsistently finding thatCanada‟s indigenouswomen and girls are hugelyover-represented in the sextrade. One report describedCanadian Aboriginal andAmerican Indian youth asbeing at greater risk thanany other youth for sexualexploitation and Minnesota Indian Women’s Resource Center’strafficking.” – MIWRC Shattered Hearts Report (2009) @(2009, p. 2). http://www.miwrc.org/about-us-section- shattered-hearts-report
From the recent FBI investigations(labor trafficking I): 12 Global Horizon and Thai migrant farm workers: http://www.fbi.gov/news/stories/2011/january/tr afficking_012811
From the recent FBI investigations(labor trafficking II) 13 Forced labor case of Eastern European women forced to work as exotic dancers in Detroit-area club: http://www.fbi.gov/detroit/press- releases/2011/final-defendant-pleads-guilty-to-his- role-in-international-conspiracy-involving-the- forced-labor-of-eastern-european-women-in-detroit- area-exotic-dance-clubs
Cases involving Nebraskans (sex trafficking). 14 Sex trafficking case in Omaha, NE (Omaha FBI: Innocence Lost Task Force – 2-7-11) http://www.ketv.com/news/26773902/detail.html A 15-year old girl was enticed and coerced to perform sex acts with others for money. First Iowan sentenced for “Human Trafficking” (Iowa Attorney General – 12-22-08): http://1.usa.gov/opGWpC In 2007, two Nebraska runaway girls were recruited and harbored -- age 15 and 16 at the time -- for the purpose of commercial sexual activity, including prostitution and performing at strip clubs. Case information: http://www.law.umich.edu/clinical/HuTrafficCases/Pages/CaseDisp .aspx?caseID=458
STATISTICS FROM THE FIELD*• Human Trafficking is one of the fastest growing criminal industries in the world. Traffickers reap $32-36 billion in profits by using force, fraud or coercion to rob victims of their freedom through labor or commercial sex.• At the one end of the continuum of exploitation, the United Nations estimates that 12 million people are exploited worldwide for forced labor and sexual exploitation.• On the other end of the continuum, the U.S. government estimates 2 to 4 million people are trafficked annually.• Experts at Northeastern University estimated that there are a minimum of approximately 5,100 to 60,500 people trafficked into and within the U.S. each year.• An estimated 100,000 children at risk of exploitation in prostitution within the U.S. each year -- a brutal form of human trafficking.*New slide from Polaris Project – UNL Human Trafficking Conference 2011
Global Law Enforcement Data: 2011 TIP Report. 16
Crime Statistics (FY 2008). 17 Innocence Lost NationalU.S.‟s Prosecution (FY 2008). Initiative (FY2008) 183 investigations. 486 arrests Charged 82 individuals 148 convictions Obtained 77 convictions At the state and federal level In 40 human trafficking Recovery of 245 children cases (13 labor trafficking & 27 sex trafficking) TVPA – sentenced up to 20 42 states with anti-trafficking years‟ imprisonment/victim. laws (as of April 2009) Average sentence in FY2008 = 9.3 yrs. Federal budget (FY2008): $23 million. Source: U.S. Dept. of State: Trafficking in Persons Report 2009 (p.57)
Crime Statistics (FY 2010). 18 “The lack of uniformU.S.‟s Prosecution (FY 2010). nationwide data Charged 181 individuals collection remained an Obtained 141 convictions impediment to 103 HT prosecutions (32 LT; 71 ST) compiling fully TVPA – sentenced up to 20 accurate statistics.” “.. the Federal Bureau of years’ Investigation (FBI) to imprisonment/victim. incorporate human Average sentence in FY2010 trafficking offenses in the = 11.8 yrs. annual statistics collected (3 months to 54 yrs.) from police forces nationwide; development of technology to implement this mandate was underway … collection will begin in early 2013.” Source: U.S. Dept. of State: Trafficking in Persons Report 2011, p. 373.
Characteristics of Suspected Human Trafficking Incidents, 2008-2010: Highlights (2011, p.1)* 20 Federally-funded HT task forces opened 2,515 suspected incidents of HT for investigation, Jan. 2008-June 2010. 82% = sex trafficking (1,200+ adults; 1,000+ children) 11% = labor trafficking 7% = unknown trafficking type **Fed. Agencies – more likely to lead labor trafficking investigations (29%) than sex trafficking investigations (7%) *The report can be found @ http://www.humantrafficking.neu.edu **Example of biases in the data, based on how cases were investigated.
KEY NATIONAL STATISTICS* 12/7/2007 – 8/31/2011Total number of potential victims referenced in calls: 4,904Number of total calls: 36,767Languages: English 88%; Spanish 11%; Other 1%Top call volume states: CA, TX, FL, IL, NYMost frequently reported: Domestic pimp control trafficking/Domestic servitude Citizenship/Nationality Type of Trafficking Age of Potential Victim Foreign Nationals: 37% Sex: 60.1% Adults: 49% Labor: 23.6% US Citizens/LPRs: 29% Minors: 25% Sex and Labor: 3% Citizenship/Nationality Age Unknown: 26% Unknown: 34% Other: 11.3% *New slide from Polaris Project – UNL Human Trafficking Conference 2011
U.S. Domestic Responses: 22 U.S. Federal Government Efforts to Combat Human Trafficking: http://www.acf.hhs.gov/trafficking/rescue_restore/fed_efforts.html Center for Women Policy Studies.U.S. PACT. Fact Sheet on State Laws (including Nebraska) – as of Feb. 2011http://www.centerwomenpolicy.org/programs/trafficking/documents /FactSheetonStateAntiTraffickingLawsFebruary2011.pdf As of February 2011, 43 states including Nebraska, enacted laws to make trafficking a state felony offense. More details on state laws: https://www.ovcttac.gov/TaskForceGuide/EGuide/Default.aspx
National Hotline to Report HT 23 1-888-3737-888 NATIONAL HUMAN TRAFFICKING RESOURCE CENTER: HTTP://WWW.POLARISPROJECT.ORG /WHAT-WE-DO/NATIONAL-HUMAN- TRAFFICKING-HOTLINE/THE- NHTRC/OVERVIEW STATE COALITIONS: HTTP://WWW.ACF.HHS.GOV/TRAFFICKING/
Nebraska‟s Responses. 25 Anti-trafficking law (2006): http://www.legislature.ne.gov/FloorDocs/99/PDF/Slip/LB1 086.pdf (no enforcement) Attorney General Report (2006). No agencies collecting data on human trafficking to be reported to the Attorney General Office (as of 2006). The pilot program proposed by Dept. of Health & Human Services to assist prostitution-related victims (education and treatment) was denied funding by the governor.
Nebraska - Recently Proposed Bills. 26 LB443 (to regulate the adult and sexually oriented business): http://nebraskalegislature.gov/bills/view_bill.php? DocumentID=6018 (4-14-10 – Indefinitely postponed) LB444 (to regulate/license escort services): http://nebraskalegislature.gov/bills/view_bill.php?Docum entID=6017 ) (2-2-10 – indefinitely postponed) LR 243 Interim study to examine the extent of human trafficking in Nebraska in connection with labor and sex trafficking (Senator Amanda McGill)
Polaris Project State Ratings Map 2011 27
NEBRASKA STATUS REPORT*• Laws: 4 of 10 on Polaris Project State Ratings – Sex trafficking 28-830 – Labor Trafficking 28-830, 28-831 – Investigative Tools 28-1354 – Lower Burden of Proof for Sex Trafficking of Minors• Legislation in the 2011-2012 Session – LB 513: Escort Services Accountability and Permit Act • Requires a permit to operate an escort agency and/or to work as an escort • Makes it unlawful to advertise as an escort or escort agency without a permit – LB 689: Provisions relating to human trafficking • Proposed amendments to 28-830 to enhance services and protections for victims • Adds abusing or threatening to abuse the law or legal process into the definition of trafficking – LR 243: Interim Study • Study to examine the extent of human trafficking in Nebraska in connection with labor and sex trafficking• *New slide from Polaris Project’s presentation at UNL Human Trafficking Conference 2011.
International Human Trafficking Resources: 29 UN GIFT – Global Initiative to Fight Human Trafficking: http://www.ungift.org/knowledgehub/ Human Rights Watch. Trafficking of Women and Girls: http://www.hrw.org/category/topic/women%E2%80%9 9s-rights/trafficking-women-and-girls International Organization for Migration. Counter- Trafficking: http://www.iom.int/jahia/page748.html International Labor Organization. Topics: Forced labor, child labor, domestic workers, etc. http://www.ilo.org/global/topics/lang--en/index.htm Prevention of Human Trafficking in the Mekong Region. http://www.ilo.org/public/english/region/asro/bangkok/child/traffi cking/index.htm
U.S. Human Trafficking Data Sources. 30 U.S. Dept. of State. Office to Monitor and Combat Trafficking in Persons. Trafficking in Persons (TIP) Reports: http://www.state.gov/g/tip/rls/tiprpt/index.htm National Institute of Justice. Human Trafficking: http://www.nij.gov/nij/topics/crime/human- trafficking/welcome.htm Polaris Project: http://www.polarisproject.org/ Human Trafficking Data Reporting and Collection Project: http://www.humantrafficking.neu.edu/ Human Trafficking Database: http://www.law.umich.edu/clinical/HuTrafficCases/P ages/searchdatabase.aspx
Human Trafficking Database (cont.): Metadata. 31The cases have been coded using specific fields. Although you may search for cases using any word or term, the following fields may help to guide your search: case name defendant name gender of defendant(s) (male, female, female and male) victims country of origin age of victim(s) (adult, minor, adult and minor) gender of victim(s) (male, female, female and male) type of industry (labor, sex, labor and sex) type of case (civil or criminal) type of trial (judge or jury) year of arrest or verdict (e.g., 2008) type of court (state or federal) state where the trial occurred criminal or civil charge(s) (e.g., money laundering)
Limits by Industry. 32 Escort Service/Brothel Pornography Commercial Sexual Exploitation/Prostitution Commercial Sexual Exploitation/Prostitution (johns/other buyers) Strip Club Massage Parlor Other Sex Industry Agricultural Industry Carnival Industry Clothing/Garment Industry Construction Industry Domestic Servant Factory Worker Hair/Nail Salon Nightclub Industry Peddling/Begging Rings Restaurant/Bar Industry Traveling Sales Crew
Example: State v. Russell 33 CASE NAME: State v. Russell ALL PLAINTIFFS: State of Iowa SUMMARY:Defendant asked the victims, ALL DEFENDANTS: Leonard Ray Russell who were ages 15 and 16 and had run from a CITATION: 2010 Iowa App. LEXIS 145 juvenile home to a hotel in Omaha, if they DOCKET NUMBER: No. 9-906 / 08-2034 SOURCE: Lexis Search, News Article wanted to take a road-trip with him and his TYPE OF CASE: Criminal female friend. The defendant acknowledged TYPE OF TRIAL: Jury that the girls would have to make money on TRIAL JUDGE(S):Hon. Edward A. Jacobson the way. During the road-trip, the girls were YEAR OF ARREST:2009 told they would have to engage in YEAR OF VERDICT:2010 prostitution at a strip club in Iowa to make TYPE OF COURT:State money. For one month, the girls were STATE:Iowa prostitutes at the strip club. Defendant then STATE COUNTY:Crawford asked the girls if they wanted to continue AGE OF VICTIM(S):Minor their work in Washington, D.C. for NUMBER OF VICTIMS: 2 defendants cousin or stay in Iowa to work at GENDER OF VICTIM(S):Female the strip club. One of the girls chose to go to VICTIMS COUNTRY OF ORIGIN:United States Washington, D.C.; the other stayed in Iowa. WAS VICTIM CHARGED WITH A CRIME: No At one time, Russell or his female friend ………………. placed an advertisement on Craigs list, picturing the two girls soliciting future "exotic services" work. Approval Status:Approvedhttp://www.law.umich.edu/clinical/HuTrafficCases/Pages/CaseDisp.aspx?caseID=458
UNL Libraries Resources. 34 A catalog of websites created by Joy: http://del.icio.us/aproberts Worldwide resources (books, media, etc., plus journal articles on the topic): http://worldcat.org/search?q=human+trafficking UNL Interdisciplinary Conference on Human Trafficking: http://digitalcommons.unl.edu/humantrafficking/