Department of Defense Trafficking in Persons (TIP)

1. Department of DefenseTrafficking in Persons (TIP) Law Enforcement Intervention & Investigations Training Module

2. “Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction.” 13th Amendment to the U.S. Constitution, December 6, 1865

3. Role of DoD Law Enforcement Officers in Identifying, Intervening, Investigating, and Helping Victims of Human Trafficking Beyond the Obvious

4. Understanding human trafficking Identifying crime of human trafficking Communicating with victims of human trafficking Roles and responsibilities of DoD law enforcement Evidence of success Presentation Overview

5. Human trafficking is a form of modern-day slavery Victims of trafficking exploited for commercial sex or labor purposes Traffickers use force, fraud or coercion to achieve exploitation After drug dealing, human trafficking is tied with the illegal arms trade as the second largest criminal industry in the world, and it is the fastest growing. Human Trafficking: What Is It?

6. Sex Trafficking: Commercial sex act induced by force, fraud or coercion, or in which person performing the act is under age 18. Victims can be found working in massage parlors, brothels, strip clubs, escort services Labor Trafficking: Using force, fraud or coercion to recruit, harbor, transport, obtain or employ a person for labor or services in involuntary servitude, peonage, debt bondage or slavery Victims can be found in domestic situations as nannies or maids, sweatshop factories, janitorial jobs, construction sites, farm work, restaurants, panhandling Crime of trafficking occurs with the exploitation of the victim. The physical movement of the victim is not a requisite. The TVPA protects both U.S. citizens and non-citizens. Human Trafficking: What Is It?

7. Is not voluntary Entails exploitation of a person Need not entail physical movement of a person Can occur domestically Is a crime against the right of each person to be free from involuntary servitude Is voluntary – individual typically contracts to be taken across a border Ends after border crossing Fees are usually paid in advance or upon arrival Is always international in nature Is a crime against the nations sovereignty Trafficking vs. Smuggling Trafficking Smuggling

8. Zambian girls were trafficked to Ireland for commercial sexual exploitation Filipina women were trafficked to Cote d’Ivoire for commercial sexual exploitation Vietnamese children were trafficked to the United Kingdom for forced involvement in drug smuggling Thai men were trafficked to the United States for labor exploitation and debt bondage Dominican women were trafficked to Montenegro for commercial sexual exploitation A Kenyan woman was trafficked to Mexico for commercial sexual exploitation Chinese women were trafficked to Afghanistan for commercial sexual exploitation Russian students were trafficked to the United States for forced labor, selling ice cream TIP Examples

10. Myth #1: All Prostitutes Are Willing Participants Myths Associated with Human Trafficking

11. Prostitutes:Who Are They? • Majority are teens or young children • Many are kidnapped • Average entry age (worldwide) into prostitution is 13 ½ years • Most come from abusive backgrounds & a life of poverty • Most are homeless- desperate for basic necessities • Most are easy prey (low self esteem) • Most avoid authorities: fear of pimp, jail or being deported (no valid • passport, ID or visa) • On average (worldwide), prostitutes die just 8 years after entering the trade • Leading causes of death Include: cervical cancer, AIDS, hepatitis, suicide, • & murder

12. What Really Happens to Most Prostitutes? • ID taken, raped & beaten into submission • Disease (STD/STIs, HIV/AIDS, hepatitis, etc) • Drug & alcohol addiction • Starvation, poor health & nutrition • Dangerous working conditions • Crippled or malformed • Scarred by violence & torture • Internal organ damage (cervical cancer) • Unwanted pregnancy / abandoned children • Mental abuse (low self-esteem) • Humiliated/degraded (forced into pornography) • Suicide • Death threats, threats to family members • Murdered

13. Philosophy of a Trafficker/Pimp • 1.Trick, seduce (kidnap) you w/ false promises & dreams • 2. Cut you off from friends/family (country)- take your ID • Beat & rape you into submission; sell you to strangers • Control every aspect of your miserable life; tell you when/what to eat, sleep, wear, & perform • You will work 18+ hours a day & give every dime to me • If you keep $ from me, I will beat, cut, burn, & torture you & break bones in your face & fingers for a lesson • If you call the police, I will threaten & likely kill you WHEN WOULD YOU LIKE TO START WORK?

14. Prostitution Fuels Trafficking Research confirms a direct link between Prostitution and Human Trafficking. In fact, prostitution and its related activities, including pimping, pandering, and patronizing or maintaining brothels, contribute to trafficking in persons by serving as a front behind which traffickers for sexual exploitation operate. A Swedish government study revealed that much of the vast profits generated by the global prostitution industry go directly into the pockets of human traffickers. Source: 2004 State Department Annual Trafficking in Persons Report

15. Myth #2: All Immigrants Smuggled into the United States Enter Willingly Myths Associated with Human Trafficking

16. Myth #3: Human Trafficking Is A Crime Prosecuted Only at Federal Level Myths Associated with Human Trafficking

17. Myth #4: All Participants Involved in Human Trafficking Are Criminals Myths Associated with Human Trafficking

18. Approximately 800,000 to 900,000 victims annually trafficked across international borders worldwide; between 14,000 and 17,000 victims trafficked into United States annually More than half of victims trafficked into United States are children; victims are probably about equally women and men Victims can be trafficked into the U.S. from anywhere in the world. Victims have come from, among other places, Africa, Asia, India, Latin America, Eastern Europe, Russia and Canada Many victims in the U.S. do not speak English and are unable to communicate with service providers, police, or others who might be able to help them Within the U.S., both citizens and non-citizens fall prey to traffickers Who Are Victimsof Human Trafficking?

19. Frequently victims: Do not speak English and are unfamiliar with U.S. culture Distrust outsiders, especially law enforcement – fear of deportation Do not self-identify as victims; often blame themselves for predicaments Although many victims have been beaten and/or raped, current situation may still be better than where they came from May be unaware of rights or may have been intentionally misinformed about their rights in this country Fear for safety of families in their home countries, who are often threatened by traffickers Mindset of Trafficking Victims

20. Force, fraud and coercion are methods used by traffickers to press victims into lives of servitude, & abuse Force: Rape, beatings, confinement Fraud: Includes false and deceptive offers of employment, marriage, better life Coercion: Threats of serious harm to, or physical restraint of, any person; any scheme, plan or pattern intended to cause victims to believe that failure to perform an act would result in restraint against them; or the abuse or threatened abuse of the legal process How Are Victims Trafficked?

21. TIP - How Does it Sometimes Happen? • Poor families sell children (debt bond); or they are kidnapped • Child must work off debt to buy freedom from captivity • Poor, desperate women/men: Promised jobs as nannies, waitresses, models, clerks, domestic workers or factory/farm jobs • Russian/E. European women: Bought/sold for around $700.00 • Bonded into a debt they have NO chance of repaying • Spread of AIDS has NOT slowed TIP sex industry growth; Traffickers seek even younger girls (likely to be disease free)

22. Signed into law October 2000 Prior to 2000, no comprehensive law to protect victims of trafficking or to prosecute traffickers Made human trafficking a Federal crime Goals of law: Prevent human trafficking overseas Increase prosecution of human traffickers in the United States Protect victims, provide Federal and state assistance to victims Trafficking Victims Protection Act (TVPA)

23. Law addresses three key areas: Prevention Public awareness and education Protection T visa, certification, benefits and services to help victims rebuild their lives Prosecution New law enforcement tools and efforts Trafficking Victims Protection Act

24. Creates new laws that criminalize trafficking regarding slavery, involuntary servitude, peonage or forced labor Permits prosecution where non-violent coercion was used to force victims to work in belief they would be subject to serious harm Permits prosecution where victim's service compelled by confiscation of documents such as passports or birth certificates Increases prison terms for all slavery violations from 10 years to 20 years; adds life imprisonment where violation involves death, kidnapping, or sexual abuse of victim Requires courts to order restitution, forfeiture of assets upon conviction Enables victims to seek witness protection, other types of assistance Gives prosecutors and agents new tools to get legal immigration status for victims of trafficking during investigation, prosecution How TVPA Affects What You Do

25. Often traffickers break state laws such as: Murder Kidnapping Battery Assault Sexual battery False imprisonment Prostitution Promoting prostitution How TVPA Affects What You Do

26. Federal government authorized more than $200 million to continue domestic fight against human trafficking New laws strengthens legal elements of TVPA Sex and labor trafficking now considered offenses under RICO statute Encourages nation’s 21,000 law enforcement agencies to investigate cases of trafficking Brings important attention to reduce demand for commercial sex acts that fuel sex trafficking TVPA Reauthorized in 2003 and again in 2005

27. Immediate concerns for law enforcement: Identify when crimes of trafficking taking place Identify and distinguish between victims and perpetrators Stop crimes of trafficking in progress Manage victims of trafficking as witnesses Secure evidence of trafficking for prosecutions and trials Identifying Crime of Human Trafficking

28. Non-verbal crime scene clues to link to human trafficking: Living conditions of potential victims Physical abuse Working conditions Restriction of movement indicators Behavior indicators of severe dependency Possession of other’s legal documentation Possession of false or fraudulent documentation Insistence on providing information to officer Identifying Crimeof Human Trafficking

29. Local law enforcers most likely first to come upon crimes of human trafficking Look beneath surface of other crimes and scenarios to expose crimes of human trafficking: Prostitution rings (brothels, escort services, massage parlors) Pornography Illegal operations of massage parlors, strip clubs Domestic abuse Vice raids involving foreign nationals Crimes involving immigrant children with no guardians Identifying Crime of Human Trafficking

30. Evidence of control and lack of ability to move freely or leave job Bruises or other signs of physical abuse Intense fear or depression Non-English speaking Recent arrival from Asia, Latin America, Eastern Europe, Canada, Africa, India Lack of ID or immigration documents Identifying Crime of Human Trafficking

31. Conduct agency training on human trafficking – including dispatch Include TIP in crime prevention briefings Identify and train victim advocates Develop collaborative relationships before a trafficking case occurs Identify business/contract personnel that employ low-paid workers – develop sources in these organizations Assess local sex industry and identify hiring practices Action Agenda Checklist

32. There are four general areas of victim needs: Immediate assistance Housing, food, medical, safety and security, language interpretation and legal services Mental health assistance Counseling Income assistance Cash, living assistance Legal status T visa, immigration, certification Victims of Trafficking and Their Needs

33. Fear of deportation Does not Identify as Victim Distrust of law enforcement Unaware of rights The TVPA authorizes special visas and other forms of immigration relief to certain trafficking victims You are a victim, not a criminal. What is happening to you is wrong We can help get you what you need. We can protect you. You can trust us You have rights. You have the right to live without being abused Communicating with Victims of Human Trafficking

34. Key Questions for Victims of Trafficking: How did you get here? Where do you live, eat and sleep? Do you owe someone money? Is someone keeping your legal/travel documents? Were you threatened if you tried to leave? Has your family been threatened? Were you ever physically abused? Were you ever forced to stay in one place? Who are you afraid of? Identifying Victims of Trafficking

35. Be aware that traffickers might not be easy to distinguish from victims Educate yourself on trauma, it’s impact and effects Adopt a compassionate and non-judgmental attitude Conduct interviews individually and in private When an interpreter is needed, use a skilled interpreter Don’t begin the interview with documentation or legal status – this may frighten the victim Do not ask “Are you a slave?”; “Are you a trafficking victim?” Allow interviewees to describe what happened to others before focusing on their own suffering Provide victims the opportunity to tell their story in their own way Protocol for Successful Interviews

36. Keep doing what you’re doing Take closer look – beneath surface Help build and prosecute crimes at state level Cooperate with district attorneys, social services and Federal authorities if case becomes Federal Call Trafficking Information and Referral Hotline, 1.888.3737.888, to connect victims to services they may be eligible to receive. For more information on human trafficking visitwww.acf.hhs.gov/trafficking. Your Role as Local Law Enforcement Officers

37. Recent DOD investigation identified a number of labor trafficking abuses in Iraq Some of these abuses included: Illegal confiscation of Third Country National (TCN’s) passports; deceptive hiring practices, substandard living conditions, circumvention of Iraqi immigration procedures The victims were largely low-skilled workers from Nepal, India, Pakistan, Bangladesh, Sri Lanka, and the Philippines DOD Response to Labor Trafficking in Iraq

38. In response to identified abuses – the Commanding General, Multinational Forces – Iraq issues specific labor guidelines to all Defense contractors including: All contractors cease practice of holding or withholding employees passports All employees of DOD contractors and subcontractors will be provided a signed copy of their employment contract that defines the terms of their employment and compensation Contractors and subcontractors must be licensed recruiting firms Recruiting firms must not charge employees illegal recruitment fees DOD Response to Labor Trafficking in Iraq

39. Trafficking in Persons (TIP)Post-Conflict Humanitarian Aid Section 101 (b) of theTrafficking Victim Protection Reauthorization Act, 2005 requires the Department of Defense to incorporate anti-trafficking measures into post-conflict and humanitarian emergencies aid plans/programs Trafficking in Persons (TIP)Post-Conflict Humanitarian Aid 39

40. Trafficking in Persons (TIP)Post-Conflict Humanitarian Aid • Post-Conflict and Humanitarian Disasters are high risk areas for TIP • Economic Disruptions cause societal Vulnerability • Loss of property and capital • Limited access to jobs • Lack of protection and medical services • Population Displacement • Separated Families • Dissolution of community Structures that regulate behavior • Breakdown in the Rule of Law • Chaos • Unmanaged Disarmament Demobilization and Reintegration (DDR) resulting in jobless youth who possess guns • Emergency Disaster Assistance • If mismanaged- programs intended to help can spark conflict Trafficking in Persons (TIP)Post-Conflict Humanitarian Aid 40

41. Trafficking in Persons (TIP)Post-Conflict Humanitarian Aid Best Practices/Approaches to the Problem • To raise awareness, prepare culturally sensitive banners and leaflets and distribute to the affected areas. • An anti-trafficking hotline provides immediate assistance to trafficked victims and those at risk • Relief workers go to areas most devastated by the conflict/ disaster to: • Raise awareness about trafficking • Educate key government and civil society members on trafficking, • and create new ways to respond to trafficking in emergencies • direct economic assistance to: victims, protection of victims and vulnerable people, law enforcement, and local government Trafficking in Persons (TIP)Post-Conflict Humanitarian Aid 41

42. The following is a web source that list NGOs that assist victims of TIP for many countries: http://humantrafficking.org/ There are a few NGOs that provide services for victims, such as shelters, however there are none that work to prevent, monitor or raise awareness of trafficking. The two main NGOs providing shelters and limited legal and medical assistance are: Asuda, based in Sulaymaniyah Women’s Organization for Freedom in Iraq, based in Baghdad. ICE has not established liaison with these NGOs due to not having traveled to Iraq. However, the American Embassy in Baghdad has strong ties with both organizations. Trafficking in Persons (TIP)International TIP Non-Governmental Organizations (NGOs)

43. U N I TE D STATESFORCES K O RE A CIG/Legere/140011SEP

44. Law Enforcement Scenario • Scenario based learning – great “issue spotter” Trafficking in Persons (TIP)Post-Conflict Humanitarian Aid 44

45. Law Enforcement Scenario(Cont’d) Scenario based learning – great “issue spotter” Example: Preliminary investigation points to DoD contractor involvement with local mafia to procure girls/women as sex slaves in an off base residence – a connection facilitated by a military member, corrupt local law police, and local business interests. Girls/woman purchased at an military “off-limits” establishment. Further investigation and rescue attempt being planned with efforts to have local law enforcement “in the lead.” Many “rescues” anticipated, with accompanying humanitarian needs, such as food shelter, transportation, as well as legal needs, such as documentation and witness preparation Trafficking in Persons (TIP)Post-Conflict Humanitarian Aid 45

46. Issues derived from Scenario Potential Issues with regard to “investigation and rescue” attempt? SOFA/sovereignty concerns? Which (local or national) host nation law enforcement to use? Law Enforcement Scenario(Cont’d)

47. Law Enforcement Scenario(Cont’d) • What constitutes the TIP offense? • Any other criminal offenses in scenario?

48. You are a Special Agent working on an overseas installation in a combat zone. While conducting a crime prevention survey on the Moral, Welfare, Recreation (MWR) concessions, you discover one of the contractors providing massage therapists has been less than forthcoming about hiring practices. You develop information that some of the massage therapists, from eastern bloc countries are living in extremely poor conditions and may be providing sexual services “on the side”. Investigations Scenario #1

49. What actions should you take concerning the contractor? How would you approach some of the therapists? What investigative steps would you take? What potential law violations should you consider? Identify organizations that may assist you in this investigation? Investigations Scenario #1(Cont’d)

50. You are a DoD investigator on a stateside installation. You have received information concerning a contractor building numerous military family housing units. Information received also suggests that many of the subcontractor labor are undocumented aliens and are working for half the wages most laborers in the area earn. You have also discovered that the subcontractor is holding the passports of some of the laborers. Investigations Scenario #2