NLA/NEMA Human Trafficking 101 & Data Issues 10-7-11-post to nla
Human Trafficking in the
United States 101 & Data Issues.
ANCHALEE (JOY) PANIGABUTRA-ROBERTS
METADATA & MULTICULTURAL SERVICES
WOMEN’S AND GENDER STUDIES LIBRARY
LIAISON & FACULTY
AROBERTS4 AT UNL DOT EDU
Human trafficking: legal definitions and types of
Examples of cases in the U.S.
Data: How big is the problem?
U.S. (federal and state, including Nebraska‟s)
„Dying to Leave‟ PBS video clips
WHAT HAVE YOU LEARNED FROM THE MEDIA
ABOUT HUMAN TRAFFICKING?
WHAT ARE THE DIFFERENT TYPES OF
HUMAN TRAFFICKING YOU LEARNED BEFORE
Human Trafficking: Definitions.
U.N. Protocol to Prevent, Suppress and Punish
Trafficking in Persons (Palermo Protocol), 2000.
U.S. Trafficking Victims Protection Act of 2000, as
U.N.’s Palermo Protocol : definition.
Trafficking 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
Trafficking Victims Protection Act of 2000 (TVPA),
as amended (1).
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. **
William Wilberforce Trafficking Victims
Protection Reauthorization Act 2008 (2)
Foci on forced labor and child labor
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:
Major types of Human Trafficking.
*Sex trafficking (all genders, adults and children)
*Labor trafficking (or, forced labor, including domestic
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)
Examples of Cases in the U.S.
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)
National Domestic Workers Alliance. Campaigns (NY, CA,
ILO, etc.) http://www.domesticworkers.org/campaigns
NY Domestic Workers Bill of Rights:
“Police reports from
Duluth showed that Native
girls were being lured off
reservations, taken onto
ships in port, beaten, and
advocates in South Dakota
and Minnesota had also
begun raising red flags,
reporting that Native girls
were being trafficked into
and strip shows over state
lines and internationally to
Mexico. In Canada,
research studies were
consistently finding that
women and girls are hugely
over-represented in the sex
trade. One report described
Canadian Aboriginal and
American Indian youth as
being at greater risk than
any other youth for sexual
exploitation and Minnesota Indian Women’s Resource Center’s
trafficking.” – MIWRC Shattered Hearts Report (2009) @
(2009, p. 2).
From the recent FBI investigations
(labor trafficking I):
Global Horizon and Thai migrant farm workers:
From the recent FBI investigations
(labor trafficking II)
Forced labor case of Eastern European women
forced to work as exotic dancers in Detroit-area club:
Cases involving Nebraskans
Sex trafficking case in Omaha, NE (Omaha FBI:
Innocence Lost Task Force – 2-7-11)
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.
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
• 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
Crime Statistics (FY 2008).
Innocence Lost National
U.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):
Source: U.S. Dept. of State: Trafficking in Persons Report 2009 (p.57)
Crime Statistics (FY 2010).
“The lack of uniform
U.S.‟s Prosecution (FY 2010).
Charged 181 individuals
collection remained an
Obtained 141 convictions
103 HT prosecutions (32 LT;
TVPA – sentenced up to 20
“.. the Federal Bureau of
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.
Characteristics of Suspected Human Trafficking
Incidents, 2008-2010: Highlights (2011, p.1)*
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
*The report can be found @ http://www.humantrafficking.neu.edu
**Example of biases in the data, based on how cases were investigated.
KEY NATIONAL STATISTICS*
12/7/2007 – 8/31/2011
Total number of potential victims referenced in calls: 4,904
Number of total calls: 36,767
Languages: English 88%; Spanish 11%; Other 1%
Top call volume states: CA, TX, FL, IL, NY
Most 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%
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
U.S. Domestic Responses:
U.S. Federal Government Efforts to Combat Human Trafficking:
Center for Women Policy Studies.
U.S. PACT. Fact Sheet on State Laws (including Nebraska) – as of Feb.
As of February 2011, 43 states including Nebraska, enacted laws to
make trafficking a state felony offense.
More details on state laws:
National Hotline to Report HT
NATIONAL HUMAN TRAFFICKING
Anti-trafficking law (2006):
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.
Nebraska - Recently Proposed Bills.
LB443 (to regulate the adult and sexually oriented
DocumentID=6018 (4-14-10 – Indefinitely postponed)
LB444 (to regulate/license escort services):
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)
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
– 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
International Human Trafficking Resources:
UN GIFT – Global Initiative to Fight Human Trafficking:
Human Rights Watch. Trafficking of Women and Girls:
International Organization for Migration. Counter-
International Labor Organization.
Topics: Forced labor, child labor, domestic workers, etc.
Prevention of Human Trafficking in the Mekong Region.
U.S. Human Trafficking Data Sources.
U.S. Dept. of State. Office to Monitor and Combat
Trafficking in Persons. Trafficking in Persons (TIP)
National Institute of Justice. Human Trafficking:
Polaris Project: http://www.polarisproject.org/
Human Trafficking Data Reporting and Collection
Human Trafficking Database:
Human Trafficking Database (cont.): Metadata.
The 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
gender of defendant(s) (male, female, female and male)
victim's 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)
Limits by Industry.
Commercial Sexual Exploitation/Prostitution
Commercial Sexual Exploitation/Prostitution (johns/other buyers)
Other Sex Industry
Traveling Sales Crew
Example: State v. Russell
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 defendant's cousin or stay in Iowa to work at
GENDER OF VICTIM(S):Female the strip club. One of the girls chose to go to
VICTIM'S 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 Craig's list,
picturing the two girls soliciting future
"exotic services" work.
UNL Libraries Resources.
A catalog of websites created by Joy:
Worldwide resources (books, media, etc., plus
journal articles on the topic):
UNL Interdisciplinary Conference on Human
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