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Human Trafficking & Modern-Day Slavery:. Thema Bryant-Davis, PhD Pepperdine University 2012 NAADVAC conference. Defining Trafficking.
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Human Trafficking & Modern-Day Slavery: Thema Bryant-Davis, PhD Pepperdine University 2012 NAADVAC conference
Defining Trafficking • Trafficking is the recruitment and transportation of persons within or across boundaries by force, fraud, or deception for the purpose of exploiting them economically. Trafficked people most commonly work in sweatshops, restaurants, on farms, in manufacturing, prostitution and as private domestic workers.
Defining Slavery • Slavery is the labor or services that are performed or provided by another person and are obtained or maintained through an actor by cause and/or use of threats, physical threats and/or restraints, abuse of the law an/or legal process, withholding of documents, use of blackmail, and/or use of financial control over any person.
Statistics • In 2010 the US State Department estimates that 12.3 million adults and children in modern-day slavery globally • The U.S. is a source as well as a transit and destination country for people forced into labor, debt bondage and prostitution
Three Elements of Trafficking 2 3 PROCESS END MEANS Recruiting OR Harboring OR Moving OR Obtaining a person, by Force OR Fraud OR Coercion For the purposes of Involuntary Servitude OR Debt Bondage OR Slavery OR Sex Trade
Global Factors • Globalization and conditions demanding greater supply of individuals for cheap labor and the sex industry • Transition from communist to capitalist market economies • Economic inequalities (e.g., poverty) • Social inequalities (e.g., female status) • New technologies and mobility of capital have contributed to rise in criminal organizations
Smuggling of Migrants versus Trafficking in Human Beings Smuggling Facilitation of illegal border crossing for financial or other material benefit Crime against the state • Trafficking • • Threat or use of force, deception or other means to subject a person to EXPLOITATION • Crime against an individual
Trafficking Vs. Smuggling • Trafficking • Crime or violation against a person • Contains element of coercion (cannot consent to enslavement) • Subsequent exploitation and/or forced labor • Trafficked persons seen as victims by the law • Smuggling • Unauthorized border crossing • No coercion • Facilitated illegal entry of person from one country to another • Smuggled persons seen as criminals by the law
Who Are Trafficked and Enslaved Persons? • Women, children and men • Varying ages • Varying levels of education • Voluntary migrants • Seeking to improve their situation
Who Are The Human Traffickers and Slaveholders? • Organized crime • Neighbors, friends, family members, village chiefs, returnees • Agricultural operations • Owners of small or medium-sized businesses • Families (including diplomats)
How People Are Recruited • Acquaintances or family • Newspaper ads • Fake employment agencies • Front businesses • Word of mouth • Abduction Photo by J. Maillard, International Labour Organization
Harm to Trafficking Victims • Much of the abuse and harm to victims is intentional. Traffickers use a wide variety of methods to control their victims, including every form of abuse imaginable - physical, sexual, psychological, emotional, etc. Psychological abuse is usually persistent, extreme and intended to demolish any and all mental, emotional and physical defenses.
Traffickers Methods of Control • Intimidation and threats • Lies and deception • Money • Unsafe, unpredictable and uncontrollable events • Emotional abuse • Emotional manipulation • Social isolation • Forced / intentional drug addiction • Identity control • Traffickers fathering children of victims
National Risk Factors: Source Countries • High rates of poverty, hunger • High rates of illiteracy • Low vocational/educational opportunity • Low medical services • Lack of sufficient infrastructure for monitoring, protection, and sustainable development • Corruption of systems
Trafficking and Discrimination • “Trafficking is … inherently discriminatory. In the case of trafficking into the global sex industry, we are talking about men from relatively prosperous countries paying for the sexual services of women and girls – and sometimes man and boys – from less wealthy countries. It involves such a massive and harmful form of discrimination”. • Mary Robinson, UN High Commissioner for Human Rights
Racism and Human Trafficking • Race and poverty are inextricably linked • Race/ethnicity is theorized to add to one’s risk and vulnerability to trafficking • Racial hierarchies affect cost paid for the enslaved children • Racism affects media coverage of victims and judicial response
Ethnic-Racial Context • Racism shapes differential treatment • Racist ideology and racial, ethnic and gender discrimination may create a demand in the region or country of destination which could contribute to trafficking in women and girls • Violation first requires dehumanization
Trafficking Factors among African Americans • Stigma around sexuality and morality • Distrust of helping agencies • Discrimination in judicial process • Popular culture’s objectification of African American girls • Poverty • Self sacrifice – Super strong
Trafficking Risk Factors in Africa Poverty Unemployment Political Instability Low education levels Lack of opportunities for women Familial pressures for women to sacrifice self to improve life of family members Vulnerability of life in refugee camps
Attitudes on Trafficking • Societal • Family • Individual
Trafficking harms society • Trafficking in Persons Is a Human Rights Violation • Trafficking Promotes Social Breakdown • Trafficking Fuels Organized Crime • Trafficking Deprives Countries of Human CapitalTrafficking Undermines Public Health. • Trafficking Subverts Government Authority • Trafficking Imposes Enormous Economic Costs
Individual Effects of Trafficking and Slavery • Physical • Emotional • Behavioral • Educational • Social/Relational
Risk Factors • 75% are 25 years or younger • Most children are 12-16 years of age • Limited education and/or vocational skills • Immigrant status • Isolation from family, native language and culture • Presence of disability • Member of a racially marginalized group
Compared to Drugs or Arms, Human Trafficking: • Can be more profitable • Produces continuous profits • Involves little or no risk
How are Trafficked Persons Identified? • Contact with law enforcement agents • Victim service providers • Attorneys (prosecutors, immigration, criminal defense) • Ethnic or immigrant community organizations • Good Samaritans • Faith Based Entities • Health Care Facilities
Identifying Victims • Self-identification is rare. Why? • No knowledge of issue • Fear • “This is what I signed up for” • More likely, a person will come to your attention for some other reason.
Indicators of Trafficking Indicatorsmay include: - Does not have access to identity documents - Suffers verbal or psychological abuse - Is paid little or nothing at all - Works long hours with minimal or no breaks
Indicators of Trafficking • Physical Indicatorsmay include: - Signs of assault - Malnourishment - Poor personal hygiene
Indicators of Trafficking Visual Indicators may include: • Heavy levels of security on site • Person lives and works on the premises • Person is not allowed to leave the location unaccompanied
Myths & Facts In order to be considered a victim of human trafficking, one must be undocumented and have no legal status Many trafficked persons entered the US legally through guest worker permits and special employment visas, among other types of visas. There are also US citizens who are trafficked within and outside of the US.
Myths & Facts All prostitutes are willing participants Prostitution produces victims of all kinds. Victims of sex trafficking are often forced into prostitution in order to work off debt, avoid being beaten or under threats of violence toward themselves or family members.
Myths & Facts A person can be smuggled and trafficked A person may cross an international boarder with consent but may be forced or coerced into involuntary servitude upon arrival.
Myths & Facts Women are always trafficked for commercial sex acts Women have also been trafficked to work as garment factory laborers, hotel front desk agents, hair braiders in beauty salons, domestic servants, etc.
Myths & Facts Survivors of trafficking are always trafficked into informal work Cases of trafficking have involved people forced to work as teachers, high tech welders, and electricians.
United Nations Program Goals for Addressing Trafficking • At the national level the Program aims to: • promote awareness-raising (such as public awareness campaigns) of trafficking in human beings and especially strengthen institutional capacity; • train law enforcement officers, prosecutors and judges; • advise on drafting and revising relevant legislation; • provide advice and assistance on establishing and strengthening anti-trafficking elements; and • strengthen victim and witness support. • At the international level the Program aims to: • provide assistance to agencies, institutions and governments as part of an interdisciplinary effort to design effective measures against trafficking in human beings.
Intervention Needs • Social Services • Legal Services • Training and Advocacy
Legal Services • Specific examples of the legal services that clients need include: • representation in removal proceedings • securing release from detention • advocacy to protect rights as victim witnesses • preparation for criminal trial • advocacy to obtain Continued Presence and Certification as a trafficking victim to establish eligibility for refugee benefits • assistance in filing T-Visa, U-Visa, and VAWA applications • obtaining child custody and restraining orders
Training and Advocacy Needs • TRAINING • Training programs needed for various audiences such as social service providers, faith-based organizations, the community at large and government agencies on a local, state and national level. • A training philosophy based on a human rights approach in addressing the issue of slavery and trafficking. • Training for social service providers, refugee issuing agencies and local and federal law enforcement. • ADVOCACYPolicy advocacy, media advocacy, outreach, public education and leadership development through community organizing on the local, state and national levels to raise awareness on trafficking, protect the rights of trafficking survivors and improve their access to services. • Directly informed by the real experiences of survivors • Ensure that public policies are victim-centered
Social Services • Need provision of comprehensive mental and physical health services tailored to the specific needs of trafficking survivors • Ensure that clients have access to a broad, diverse, and culturally-linguistically appropriate range of services, ranging from traditional talk therapy to the expressive arts
Counseling Services • Safety • Complex trauma • Life & relationship skills • Wrap around interventions • Family & Community Outreach • Culturally appropriate • Developmentally sensitive • Coping, Self care, Goal setting
After the rescue: Comprehensive Victim Services • Crisis Intervention • Interpretation • Safe, Confidential, Emergency Housing • Culturally Appropriate Food, Clothing, Personal Care Needs • Health/Mental Health Assessment • Legal & Immigration Services • On-Going Medical Care • On-Going Mental Health Services • Transportation Assistance • Cultural Transition Classes • ESL Classes • Public Assistance Linkages • Job Readiness/Budget Training • Permanent Housing & Furnishings • Spiritual/Cultural Linkages
Needs for Shelter • Provide physically and psychologically safe housing for trafficking survivors • Assist clients in their efforts to establish independence and self-sufficiency and to build community and expand their own supportive networks. • Multi-cultural, multi-lingual staff with extensive expertise in working with survivors of trafficking and other forms of trauma.
Model Programs Include • Crisis intervention • Case management/Social services coordination • Assistance for clients to access food, shelter, health and mental health services, education, legal services, English as a Second Language, job training, referral, and education on human rights and workers' rights to help clients become self-sufficient.
Prevention • Community and individual level psycho-education and awareness raising • Pathways for educational and vocational empowerment • Prevention of a return to traffickers includes wrap around services, namely mental health counseling, housing, legal advocacy, development of community support, and vocational assistance.
Additional Prevention Strategies • Victim-centered policies and the enforcement of those policies • Addressing community and national level attitudes supportive of trafficking • Interrupting the objectifying messages regarding women, girls, and sexuality – Focus on consumers/johns
Solutions United Nations Criminalize human trafficking Community education Governmental policies Domestic and international anti-trafficking initiatives & laws Political instability Non-governmental organizations Education, research, monitoring, reporting
Call for Millennium Abolitionists • To combat this modern-day slavery, we need to recognize explicitly the connections between trafficking, migration, poverty, racism, and gender/racial discrimination. • It is important to know the children’s national origins, race, and ethnic backgrounds to better understand the vulnerabilities and how to best intervene to protect potential victims.
Additional Resources for Healing the Wounds of Trafficking • Thriving in the wake of trauma: A multicultural guide by Thema Bryant-Davis • Trauma and Recovery by Judith Herman • Disposable People by Kevin Bales • Prostitution, Trafficking, and Traumatic Stress by Melissa Farley • Sex Trafficking by Kathryn Farr