NLA/NEMA Human Trafficking 101 & Data Issues 10-7-11-post to nla

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  • Temp visas and services (via refugee services for international victims) to keep international victims in the U.S. to help with prosecution process. No guarantee for staying afterward. Victims have to apply for residency permits themselves. Similar to a witness protection program.
  • TVPA focused on sex trafficking. The reauthorization focused on labor and child trafficking and add domestic trafficking as parts of the act – extend the services to domestic victims. GAO called for better data, so the reauthorization included data and research in the mandate.
  • Joy’s research ~ terms found : Sexual torture, sexual exploitation, undocumented immigrants, child labor trafficking, child sexual abuse, forced prostitution, international marriages, mail-order brides, servile marriages, bride trafficking, contract slavery, debt bondage, abduction, comfort women, etc. Article on organ trafficking: http://berkeley.edu/news/media/releases/2004/04/30_organs.shtmlProfessor Nancy Scheper-Hughes, Anthropology professor at UC Berkeley, the lead researcher on this topic: http://anthropology.berkeley.edu/users/nancy-scheper-hughes
  • Image: An ex-maid has accused Philippine diplomat Lauro L. Baja Jr., flanked by Philippine President Gloria Macapagal Arroyo and British Prime Minister Tony Blair at the United Nations in 2005, of making her work 126-hour weeks with no pay.
  • Before TVPA in the U.S. women trafficked into prostitution were considered criminals, not victims. For Native American women’s issues, check out the U.S. Senate Committee on Indian Affairs: http://indian.senate.gov/issues/2011-08-15.cfmSee also ‘Stolen Sisters’ report on Canadian Aboriginal women: http://www.amnesty.org/en/library/info/AMR20/001/2004And what the Native Women’s Association of Canada is doing about it: http://www.nwac.ca/programs/sisters-spirit
  • Minors = under 18 years old.
  • NHTRC has identified > 4,000 potential trafficking victims
  • The data are in low number for many reasons:Lack of uniform crime report. HT cases can be reported and counted as kidnaps, assaults, etc. depending on the charges and law statues used in arrests, prosecution (to pursue formal charges) and/or convictions (found guilty).Hidden crime. In the video, you will find out how victims will be found, but not by the police investigation. Some cases are found by other investigations (e.g. drug, prostitution raids, but not by HT investigation). Not a priority for law enforcement. Traffickers = acquaintances or family members. Reluctant to chargeimplicate them. Victims’families were under threat/debt bondage by traffickers, or labor agents.Lack of trust in law enforcement (here and abroad, LEAs are seen as those who would side with traffickers or are themselves traffickers).Language barrier made them dependent on traffickers who mostly were fromtheir ethnic groups and could speak their languages. Psychological and other controls (such as armed guards on the farms) by traffickers, prevented victims from escaping. Prosecutors – HT laws are too new and too unfamiliar to them. Therefore, they lacked the confidence to use them to win the cases. They opted for more familiar legal statues,so the convictions are filed under other statues, not under the HT laws (for example, under kidnapping, frauds (in civil lawsuits), sexual or physical assaults, etc.)In some cases, there is no category, HT, for police or investigators to file the cases under.
  • This is a map of Human Trafficking Data Reporting and Collection Project: http://www.humantrafficking.neu.edu, which includes the special report, Characteristics of Suspected Human Trafficking Incidents, 2008-2010. The data in this report are from the collection via the Human Trafficking Reporting System (HTRS) submitted by the federally funded task forces of state and local law enforcement as shown in the map above.
  • The map of Human Trafficking Task Forces include the major cities which are ports of entry (international flights, ship ports, borders, etc.), and also with big tourism and agricultural industries (CA and FL, for example).
  • The NE anti-trafficking law (2006) did not specify or fund state agencies to collect statistics on human trafficking. Attorney General Report in consultation with the Nebraska Dept of Health and Human Services to Clerk of the Nebraska Legislature (2006). (Personal copy obtained from the clerk per my request).-No agencies collecting data on human trafficking to be reported to the Attorney General Office (as of 2006).-The pilot program proposed by DHHS to assist prostitution-related victims (education and treatment) was denied funding by the governor.
  • An informal task force is formed as Nebraska Network Against Trafficking of Humans, under the coordination of the NE Network of Domestic Violence Sexual Assault Programs.
  • To download the state ratings map @ http://www.polarisproject.org/what-we-do/policy-advocacy/state-policy/current-lawsWhat the rating for Nebraska means, per the download NE State Report from the above webpage: “Rating: OrangeTotal Points: 4Credited Categories: 1 Sex Trafficking; 2 Labor Trafficking; 3(b) Investigative Tools; and 7 Lower Burden of Proof for Sex Trafficking of Minors.Categories Still Needed: 3(a) Asset Forfeiture; 3(b) Investigative Tools; 4(a) Training for Law Enforcement; 4(b) Human Trafficking Task Force; 5 Posting of the National Hotline; 6 Safe Harbor; Protecting Sex Trafficked Minors; 8 Victim assistance; 9 Access to Civil Damages; and 10 Vacating Convictions for Sex Trafficking Victims.”
  • *Some states also have their own reports. CA, FL, MN, WI, etc. that I am aware of, so far. But state data are also buried in different studies, with different years of publications over the years. I hope to compile and analyze more U.S. data sources in the future project. Some data information is also a part of a grant proposal that I cannot share at this time. So what you see here is only a scratch on the surface of the data sources out there.
  • *There are many more new groups, NGOs working on HT since 2009, but no time to add them to Delicious website. So this list is not updated as much as it should be.
  • Bolkovac, Kathryn, and Cari Lynn. The Whistleblower: Sex Trafficking, Military Contractors, and One Woman's Fight for Justice. New York: Palgrave Macmillan, 2011. "When Nebraska police officer and divorced mother of three Kathryn Bolkovac saw a recruiting announcement for private military contractor DynCorp International, she applied and was hired. Good money, world travel, and the chance to help rebuild a war-torn country sounded like the perfect job. Bolkovac was shipped out to Bosnia, where DynCorp had been contracted to support the UN peacekeeping mission. She was assigned as a human rights investigator, heading the gender affairs unit. The lack of proper training sounded the first alarm bell, but once she arrived in Sarajevo, she found out that things were a lot worse. At great risk to her personal safety, she began to unravel the ugly truth about officers involved in human trafficking and forced prostitution and their connections to private mercenary contractors, the UN, and the U.S. State Department. After bringing this evidence to light, Bolkovac was demoted, threatened with bodily harm, fired, and ultimately forced to flee the country under cover of darkness--bringing the incriminating documents with her. Thanks to the evidence she collected, she won a lawsuit against DynCorp, finally exposing them for what they were. This is her story and the story of the women left behind."– Publisher’s description. (*The movie will be at the Ross starting on Oct. 14. )Bales, Kevin, and Ron Soodalter. The Slave Next Door: Human Trafficking and Slavery in America Today. Berkeley, Calif: University of California Press, 2010.Ehrenreich, Barbara, and Arlie R. Hochschild. Global Woman: Nannies, Maids, and Sex Workers in the New Economy. New York: Metropolitan Books, 2003Bales, Kevin. Understanding Global Slavery: A Reader. Berkeley: University of California Press, 2005Kara, Siddharth. Sex Trafficking: Inside the Business of Modern Slavery. New York: Columbia University Press, 2009

Transcript

  • 1. 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
  • 2. 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
  • 3. Human Trafficking 3  International/cross- Domestic (urban border trafficking migration, state-to-state migration)
  • 4. Human Trafficking. 4WHAT HAVE YOU LEARNED FROM THE MEDIA ABOUT HUMAN TRAFFICKING? WHAT ARE THE DIFFERENT TYPES OFHUMAN TRAFFICKING YOU LEARNED BEFORE THE MEETING?
  • 5. 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).
  • 6. 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
  • 7. 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. **
  • 8. 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
  • 9. 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
  • 10. 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. 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
  • 12. 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
  • 13. 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
  • 14. 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
  • 15. 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
  • 16. Global Law Enforcement Data: 2011 TIP Report. 16
  • 17. 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)
  • 18. 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.
  • 19. 19
  • 20. 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.
  • 21. 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
  • 22. 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
  • 23. 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/
  • 24. 24
  • 25. 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.
  • 26. 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)
  • 27. Polaris Project State Ratings Map 2011 27
  • 28. 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.
  • 29. 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
  • 30. 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
  • 31. 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)
  • 32. 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
  • 33. 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
  • 34. 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/
  • 35. Books on Human Trafficking. 35
  • 36. Dying to Leave (PBS) 36 HTTP://GO.UNL.EDU/FKN (PTS. 6-8 (APPROX. 20 MIN.)
  • 37. Thank YOU! 37QUESTIONS?