Trafficking In Persons: Modern Day Slavery

Transcription

1 Trafficking In Persons: Modern Day Slavery Houston Area Law Librarian September 2012 Meeting Presented by: Naomi Jiyoung Bang Prepared by An Phong, Boat People S.O.S. This presentation does not represent the opinions of FosterQuan, LLP or the South Texas College of Law.

2 Today s Objectives The Picture of Trafficking Today Definitions, Types Legislation Health Issues of Victims Where In the World does Human Trafficking Occur? Timeline of Recovery Safety/Discovery... Legal Justice... Healing How to Identify and Assist Victims

3 A Collage of Modern Slavery Photos: Kay Chernush for the US State Dep t

4 Trafficking Today What is Human Trafficking? Human trafficking is the recruitment or transfer of a person for the purpose of exploitation Forced labour Human Trafficking is SLAVERY, where: Sexual exploitation Drugs and arms can be sold only once, but People are sold and re-sold as commodities

5 Trafficking Today Annual Estimates range from: Profits: Annual $9 billion profit (US Dep t of Justice) to Annual $32 billion profit (International Labour Org.) Victims of international trafficking: Why? More than 2.45 million people worldwide (ILO) 600,000 to 800,000 men, women, and children annually (USDOJ)

6 A few more facts 2nd largest and fastest growing criminal activity in the world Tied with the arms trade Human trafficking will surpass drug and arms trading as the largest illegal form of trading Present rate of trafficking in children 10 times higher than trans-atlantic slave trade at its peak Every 60 seconds: Victim of trafficking in the world Every 10 minutes: A woman or child is trafficked into the United States

7 Forms of Human Trafficking Labor exploitation Construction Agricultural/farm work Factory/manufacturing Domestic servitude Nannies Cleaning services Restaurant/hotel work Exotic dancing Sexual exploitation Street prostitution Brothels Massage parlors Pornography production

8 Severe Forms of Trafficking : Victims of Trafficking and Violence Protection Act (2000 ) Recruitment, harboring, transportation, provision, or obtaining of a person for one of the three following purposes: Labor or services, through the use of force, fraud or coercion, AND resulting in involuntary servitude, peonage, debt bondage, or slavery; OR Commercial sex act, through the use of force, fraud or coercion; OR If under 18 years of age, any commercial sex act, whether or not force, fraud or coercion is involved.

9 President Obama: Top Priority

10 How It Works Most trafficking involves work that is a result of force, fraud or coercion Given false information about: Economic opportunities abroad Nature of the work Living Conditions Cost of travel and living expenses Passports and identifying documents taken or stolen Physical threats and abuse Emotional abuse and control

11 Trafficking vs. Smuggling Trafficking Is not voluntary... use of force, fraud, or coercion Persons trafficked are victims Enslaved, subject to limited movement/isolation, or ID docs confiscated Entails forced exploitation of a person for labor or commercial sex, i.e., victim is working Movement can be international or local Is a human rights violation Smuggling Is voluntary No coercion Not victims; violating law by entering Typically ends after the border crossing Fees are usually paid in advance or upon arrival Persons free to leave, look for other work Movement is always international Is a crime against the natios border

12 Effect on Health of Victims Physical: Violence resulting in severe physical injuries, STD s, complications from rape & forced abortions Lack of medical care Alcohol/Drug use effects Symptoms Reported: Fatigue; dizzy spells Headaches; back pain Varied sexual health issues

13 Effect on Health of Victims Mental & Emotional: Psychological trauma PTSD Depression, Anxiety Hostility Addictions to cope I feel like they ve taken my smile and I can never have it back. - Lithuanian woman trafficked to London

14 Where in the World? Trafficking is a world-wide phenomenon Human trafficking is taking place almost everywhere Every country is affected, as a source, transit, or destination place, or a combination thereof.

15 Where in the World? Source: Boat People SOS

16 In Our Backyard Houston as a trafficking hub Mondragon Sex Trafficking Ring: 120 women rescued in December 2005 Pony beers : Women are bought drinks Forced abortions & prostitution; beatings; threats to family Center of one of largest operations in US Joint operation, known as Bar Belles between ICE, FBI, Sheriff s, TABC

17 Daewoosa Labor Bondage Labor Trafficking Story: Clothing factory in American Samoa Over 300 workers rescued in 2001 Many victims settled in Houston Immigration Status of Victims: 1 st group to receive T visas; cooperate with investigative officials in return BPSOS currently working on about 20 adjustment of status applications

18 Daewoosa Timeline of Recovery How Long to Safety? One victim was working for over 2 years before freed 2001 Labor trafficking victims rescued How Long to Legal Justice? Many victims received T-visas in 2003 and 2004 Received some restitution Now waiting to receive LPR status How Long to Heal?

19 Could You Identify a Victim? Why are victims hard to identify? Physically and/or psychologically controlled Trained to tell lies and false stories Victims distrust of service providers & law enforcement Why dot they seek help? Dependency Captivity, confinement and isolation Fear, shame, self-blame and hopelessness Use and threat of violence Lack of knowledge of social systems

20 Could You Identify a Victim? Red flags/indicators: Presence of an overly controlling and abusive boyfriend Inability or fear to make eye contact Injuries/signs of physical abuse or torture Restricted/scripted communication Demeanor fear, anxiety, depression, submissive, tense, nervous Claims of being an adult although appearance suggests adolescent features

21 Could You Identify a Victim? Example: A 15-year-old girl is brought to you by the police. She was picked up on a curfew violation at 2:00am in an area known for prostitution. She has $200 and a hotel key in her purse. She claims she lives with her uncle in a house nearby and that her parents are deceased. How do you respond? What actions can you take to protect this child? What further questions can you ask to determine if she is a minor sex trafficking victim? Who else can you contact to help in this process?

22 What Can You Do? Ask the right questions Talk in a safe and confidential environment If accompanied by someone who seems controlling, try to separate the victim from that person Enlist the help of a bilingual (or multi-) staff member Minors: important to enlist the help of a social services specialist who is skilled in interviewing such victims Call the National Human Trafficking Resource Help Appropriate $21.8 m authorized in 2008

23 General Resources DOJ Hotline ( ) maintains a toll-free hotline where you can report trafficking crimes or get help (TTY avail) Boat People SOS: US Dep t of Health & Human Services: US State Dep t: Coalition Against Trafficking in Women: Shared Hope International, Inc.: Coalition Against Human Trafficking (Houston)

24 Awareness: Videos & Photos Office to Monitor & Combat Terrorism: Photo Gallery Slave Britain: The 21 st Century Trade in Human Lives : Top 10 Human Trafficking Videos: Constance Radiohead: Two Worlds Call & Response ( Showing, Galveston, May 6, 2009 MTV EXIT (End Exploitation & Trafficking): Snag films, The Day My God Died : the_day_my_god_died/