2. OBJECTIVES
• My Argument and Method.
• Trafficking Victims Protection Act (TVPA) 2000.
• Division Among Abolitionist and Human Rights Advocates 2002.
• Criminalization of Sex Work to Combat Human Trafficking.
• U.S. Leadership on HIV/AIDS, Tuberculosis, and Malaria Act of 2003.
• Trafficking Victims Protection Reauthorization Acts.
• TVPRA Evolution from 2000-2013.
• Labor Traffic.
• Institution of Marriage and Law Enforcement.
• Conclusion.
3. TRAFFICKING OF VICTIMS
PROTECTION ACT (TVPA) 2000
• Prevention: Focused on Women and Children.
• Protection: Re-Integration and Resettlement and
Assistance.
• Prosecution: Victim/Government Partnership.
4. CRITIQUE OF TVPA 2000
• Prevention: Highly Gendered: Only Women and Girls are
victimized.
• Agencies trained to look for “obvious victims.”
• Conflation of Sex Work and Trafficking.
• Protection: “Definition of a Victim.”
• Assistance for Victims of “severe” forms of trafficking.
• Prosecution: Certification of Innocence.
• Willing to assist in investigation.
• Apply for a Visa under section 101(a)(15)(T).
5. DISCOURSE CONFLATES SEX WORK
AND HUMAN TRAFFICKING:
SEC 102:
(b.)(2): “Trafficking in persons is not limited to the sex
industry..”
(b)(3): “The sex industry has rapidly expanded over the past
several decades. It involves sexual exploitation of persons,
predominantly women and girls, involving activities related to
prostitution, pornography, sex tourism, and other commercial
sexual services."
6. USAID FUNDING POLICY
• USAID Funding Policy
• Feminist Promoting
Agenda that Limits
Women.
• Powell Cable.
• Abolitionist Feminist:
Donna Hughes demands
US cease fundings to
sex projects.
• Implications of
Demands.
7. U.S. LEADERSHIP ON HIV/AIDS,
TUBERCULOSIS, AND MALARIA ACT OF 2003
• Adoption of ABC Model
• Content Analysis:
• 12 Faith-based organization
• 4 Faithful
• 5 Marriage
• 4 Monogamy
H. R. 1298—24
(e) LIMITATION.—No funds made available to carry out this Act, or any
amendment made by this Act, may be used to promote
or advocate the legalization or practice of prostitution or sex trafficking.
0
15
30
45
60
Allocation of Funds
8. TRAFFICKING HUMAN PROTECTION
REAUTHORIZATION ACT 2003, 2005
• Strengthened
Borders
• RICO
• Services assist
victims and minor
children in
Certification process.
• Civil Action
• The 2005 Act
addresses Human
Trafficking within the
borders of the U.S.
• Armed conflict and
humanitarian
increase violence and
exploitation of
vulnerable groups
9. TRAFFICKING HUMAN PROTECTION
REAUTHORIZATION ACT 2008, 2013
• Workers Rights
• New System for Visa
and T Visa
• Child Screening
• Emergency Response
• Collaboration between
State and local Law
Enforcement
10. LABOR TRAFFIC CASES
• Labor Traffic Continue to be Under Reported.
• Victims are typically identified by non-government service
providers rather than by law enforcement.
• “federal and state human trafficking data indicate more
investigations and prosecutions have taken place for sex
trafficking than labor trafficking” (DOJ 2012).
• Labor enforcement not mandated to investigate labor
traffic cases.
• US Labor Laws exclude farm and domestic workers.
16. WORK CITED:
• Polaris Project . Accessed March 3, 2014.
• Victims Protection Act 2000 www.state.gov/j/tip/laws/. Accessed March 3, 2014.
• Human Trafficking Into and Within the United States:
www.aspe.hhs.gov/hsp/07/humantrafficking/LitRev/ Accessed March 4 2014.
• Human Trafficking: www.ice.gov/human-trafficking/ Accessed March 6, 2014.
• www.msmagazine.com/news/uswirestory.asp?id=10683 Accessed March 25, 2014.
• www.msmagazine.com/news/uswirestory.asp?id=12255 Accessed April 1, 2014.
• Human Rights, Labor, and the Prevention of Human Trafficking: A Response to A Labor Paradigm
for Human Trafficking www.uclalawreview.org/?p=4178 Accessed March 19, 2014.
• Combatting AIDS Learning from Uganda www.heritage.org/research/reports/2003/09/the-white-
house-initiative-to-combat-aids-learning-from-uganda Accessed March 29, 2014.
• Troubling Gaps in the U.S. Response to Human Trafficking www.law.scu.edu/wp-
content/uploads/130823_-Santa-Clara-ICCPR-Hum-Traff-Shadow-Rpt_FINAL.pdf Accessed April
5, 2014.
Editor's Notes
Introduction: Elizabeth Geschke
The scope of what I will be presenting is the legal discourse and the dangers of promoting a conservative rhetoric within legislation both foreign and domestic.
My objectives:
Present my argument and Method
I argue that promoting personal values deeply rooted within religious beliefs is highly immoral and has no place in legislation. My argument is not ground breaking, but my goal was to take a strong
position.
The history of the Trafficking Victims Protection Act, its evolvement, and how feminist agenda
First comprehensive federal law to combat trafficking, but it was highly problematic:
3 pronged approach begins with Prevention: TVPA allows president to Establish economic opportunity for women in their home country
prevent them from being lured into false work promises , education for young girls, and those who have already been victims of trafficking, as well as awareness programs to identify human traffickers.
Protection: Any “alien” who is a victim of ‘Severe” human trafficking may be eligible for federal assistance.
• (II)(aa) has made a bona fide application for a visa under section 101(a)(15)(T) of the Immigration and Nationality Act, as added by subsection (e), that has not been denied; or
• (bb) is a person whose continued presence in the United States the Attorney General is ensuring in order to effectuate prosecution of traffickers in persons.
• shall be effective only for so long as the Attorney General determines that the continued presence of such person is necessary to effectuate prosecution of traffickers in persons.
• (iii) INVESTIGATION AND PROSECUTION DEFINED- For the purpose of a certification `investigation and prosecution' includes--
• (I) identification of a person or persons who have committed severe forms of trafficking in persons;
• (II) location and apprehension of such persons; and
• (III) testimony at proceedings against such persons
PREVENTION: Focus primarily on women and girls TVPA was unable to account for men and boys who are also victims of human trafficking.
Usage of the Protection, Prevention and Prosecution Model proved ineffective for many reasons: for one it relied heavily on the prevention: because of the highly lucrative media coverage of police raids, such as known brothels suspected of human trafficking. This became a favorite among law enforcement agencies and task forces assigned to combat human trafficking. However research shows that brothels are not the primary sites: highways, alongside street prostitution, tourist industries, hotel based call girl services, and especially, independent run operations (Sangerhera 2012, 16).
This may be one of the many factors that lead to the over simplistic ideology of banning sex work and will eventually stop human trafficking.
Protection: If you are a victim of trafficking and you fit the definition provided by the TVPA you may be eligible to receive Federal Aid (Welfare) That is of course if you can prove you were a victim of a “Severe” form.
As if some forms of trafficking are “gentle”
Prosecution: Under SEC 107: CERTIFICATION- You Victim had to be willing to assist in the investigation and prosecution, apply for a bona fide application for a visa under section 101(a)(15)(T) of the Immigration and Nationality Act, as added by subsection
(e), that has not been denied; or is a person whose continued presence in the United States that the Attorney General deems necessary for the prosecution of traffickers in persons.
SEC. 102: Purpose: Identified Women and Children as the predominant victims of trafficking. (Men and boys)
Develop a comprehensive 5 year plan for a global strategy.
General focus on combatting HIV/AIDS TB, Malaria
Pilot programs to place Health care providers overseas in areas with high rates of disease. Sub Saharan Africa, Latin America, Asia and the Pacific, Caribbean
Strategies to improve injection safety
Concentration on assistance and children mothers and family survival
(1) 55 percent of such amounts for treatment of individuals with HIV/AIDS;
(2) 15 percent of such amounts for palliative care of individuals with HIV/AIDS;
(3) 20 percent of such amounts for HIV/AIDS prevention consistent with section 104A(d) of the Foreign Assistance Act of 1961 (as added by section 301 of this Act), of which such amount at least 33 percent should be expended for abstinence- until-marriage programs; and 10 percent of such amounts for orphans and vulnerable children.
2003
RICO added human trafficking to the list of crimes that can be charged under the Racketeering Influenced Corrupt Organizations (RICO)
established a federal, civil right of action for trafficking victims to sue their traffickers. It also added human trafficking to the list of crimes that can be charged under the Racketeering Influenced Corrupt Organizations (RICO) statute. It also included additional provisions for protection of victims and their families from deportation, and a requirement that the Attorney General report to Congress annually on the activities of the U.S. government in the fight against trafficking.
2005
The Trafficking Victims Protection Reauthorization Act of 2005 (TVPRA of 2005) included a pilot program for sheltering minors who are survivors of human trafficking, and grant programs to assist state and local law enforcement combat trafficking. It also expanded measures to combat trafficking internationally, including provisions to fight sex tourism, a $5 million pilot program for treatment of trafficking victims abroad, and a strengthening of the regulation over government contracts to ensure they are not made with individuals or organizations that promote or engage in human trafficking.
• A) in subparagraph (A), by inserting `, or an alien classified as a nonimmigrant under section 101(a)(15)(T)(ii),' after `in persons'; and
• (B) in subparagraph (B)--
• (i) by inserting `and aliens classified as a nonimmigrant under section 101(a)(15)(T)(ii),' after `United States,'; and
• (ii) by adding at the end the following new sentence: `In the case of nonentitlement programs funded by the Secretary of Health and Human Services, such benefits and services may include services to assist potential victims of trafficking in achieving certification and to assist minor dependent children of victims of severe forms of trafficking in persons or potential victims of trafficking.’
• `(iv) ASSISTANCE TO INVESTIGATIONS- In making the certification described in this subparagraph with respect to the assistance to investigation or prosecution described in clause (i)(I), the Secretary of Health and Human Services shall consider statements from State and local law enforcement officials that the person referred to in subparagraph (C)(ii)(II) has been willing to assist in every reasonable way with respect to the investigation and prosecution of State and local crimes such as kidnapping, rape, slavery, or other forced labor offenses, where severe forms of trafficking appear to have been involved.'.
2008
The Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA of 2008) included several new prevention strategies:
requirements that the government provide information about workers’ rights to all people applying for work and education-based visas.
New systems to gather and report human trafficking data.
2008 reauthorization expanded the protections available with the T visa, and required that all unaccompanied alien children be screened as potential victims of human trafficking. This reauthorization also enhanced criminal sanctions against traffickers, and expanded definitions of various types of trafficking to make prosecution easier.
2013
The Trafficking Victims Protection Reauthorization Act of 2013 (TVPRA 2013), which was passed as an amendment to the Violence Against Women Act, establishes and strengthens programs to ensure that U.S. citizens do not purchase products made by victims of human trafficking, and to prevent child marriage. It also puts into place emergency response provisions within the State Department to respond quickly to disaster areas and crises where people were vulnerable to being trafficked. The reauthorization also strengthens collaboration with state and local law enforcement to ease charging and prosecuting traffickers.
Troubling Gaps in the U.S. Response to Human Trafficking under the International Covenant on Civil and Political Rights
Federal agencies charged with the enforcement of labor laws do not yet regularly identify and investigate labor trafficking cases.
8 According to the 2012 TIP Report, despite the fact that they “are often the first government authorities to detect exploitative labor practices[,]”
Department of Labor investigators “are not mandated to investigate human trafficking” and do not receive systematic trafficking-specific training.”
SO WHERE Have we seen this before,
Dr. Wang argues women are are already criminalized in the eyes of the law “Of the Law But not its Spirit” Immigration Fraud and Violence against Women in the United States
Scene Time: 7:30
I argue that conservative political discourse has historically shaped legal framework to further advance hetero-normative and patriarchal interpersonal relationships in the nation state.
Legal framework’s adoption of neoliberal discourse and capital based systems continue to be highly problematic because it not only places the needs and beliefs of the most privileged within a society at the forefront, but it also uses framework that can not account for structural and state violence against. Why? Because conservative and neoliberal politics IS a catalyst for much of state and structural violence present.
Ultra-conservative ideologies are so common many of us don’t even realize we are perpetuating these agendas These beliefs are most commonly conveyed as morality, values, “personal responsibility”.
A society where the only way one can succeed is through hard work and conforming to conservative way of life, marriage (man and woman), religion…..
The United States may no longer compel US-based AIDS funding recipients to oppose prostitution as a condition of receiving federal funding. In a potentially far-reaching 6-2 decision (with Justices Scalia and Thomas dissenting, and Justice Kagan recused), the Court held today that under the First Amendment, these groups cannot be forced to adopt a government position in support of the eradication of prostitution.
Holder v. Humanitarian Law Project—to support its argument for restricting what a US funding recipient does with its private funds. “That case concerned the quite different context of a ban on providing material support to terrorist organizations,”
