Government & Legal Efforts on Human Trafficking
-
President Obama, Please Address Slavery in North Korea Today
-
The Philippines Prevents Trafficking Around U.S. Military Bases in S. Korea
-
Swedish Prostitution Model Moves to Illinois
Victory in Landmark Human Trafficking Civil Case
Published November 04, 2009 @ 01:00PM PT
What does justice look like for a survivor of human trafficking? Is it seeing her pimp handcuffed and sent to prison? Is it hearing his abuser sentenced to 10, 20, or 30 years? Is it reuniting with friends and family who were lost? All of these things can be justice for human trafficking survivors, but increasingly survivors are seeking another kind of justice -- cash. Specifically, they are suing their traffickers. And at least in once case in California this week, they are winning.
In what may be the first case of its kind in California, and one of the first in the country, a trafficked domestic worker brought suit against her former employer and was awarded $768,000, including $500,000 in punitive damages. The case stated that an Indonesian businessman brought the survivor Suminarti to Los Angeles to work in his home. The family confiscated Suminarti's passport, withheld all her pay, required her to work 16 hours a day with no days off, and refused to let her pray at a mosque or visit the Indonesian consulate. They abused Suminarti verbally and psychological, and told her to lie and say she was a family member if law enforcement ever visited the house. The family was convicted og the crime of human trafficking, but Suminarti wanted the sort of justice that civil suit could bring.
Her victory is indicative of a number of positive developments in the anti-human trafficking field.
Rhode Island Bans Indoor Prostitution
Published November 03, 2009 @ 02:36PM PT
The end has finally come to a long and often malicious battle in Rhode Island over a 30-year-old legal loophole which allowed indoor prostitution to legally occur. Rhode Island Gov. Don Carcieri signed the bill into law today, and it is effective immediately. The debate which took place around this bill and the Rhode Island prostitution law ended up being about far more than just legalese and statutory distinctions. It encompassed the growing debate about the relationship between human trafficking and prostitution.
To say the personal attacks that have been broadcast through the blogosphere during this debate escalated to vicious is like saying people had strong feelings about Obama's election. Both the pro-legalizing indoor prostitution camps and the pro-making indoor prostitution illegal camps did their fair share of demonizing the other side. Those who fought to keep the loophole in the law were accused of being unsympathetic to human trafficking victims, shells for the commercial sex industry, and anti-feminist. Those who fought to close the loophole were called autocratic moralists, Bush administration cronies, and anti-feminists. If you listen to the rhetoric that went on, is sounds like the biggest group of misogynists to ever fight for the rights and welfare of women. At one point I was called an "intellectual malcontent," which I believe was intended as an insult, but which I consider somewhat of a compliment (I strive to be intellectual and I'm am certainly not content with the prevalence of human trafficking and sexual violence against women in the world). But the mud-slinging was more than just meanness, it was symptomatic of how long before today, this debate stopped being about Rhode Island and its residents, and started being about polarizing and conflicted ideologies on how best to protect women.
I've made no secret that I believe that human trafficking thrives in areas with legal and heavily tolerated commercial sex markets, nor that many, many women enter into prostitution as children, due to coercion, or because of a lack of other options. So it won't come as a surprise that I support Gov. Carcieri's signing the bill into law, and that I anticipate it will help protect women and children from exploitation. But it would be naive to think the broader debate is over now that the Rhode Island question is settled. And it would be negligent to think that the next debate should also devolve into the level of petty name-calling and unreasonable accusations that this one did. These questions are not going away of their own accord, and all of us who care about women -- women in prostitution, women who are victims of trafficking, women in need of economic options -- owe it to them to not lose sight of our common goals in the darkness of our differences.
So please, see this message as an open invitation to anyone who was dissapointed by the Rhode Island decision and wants to have a respectful discussion about the relationship between human trafficking and prostitution and how that affects or should affect legislation. Let's do something truly radical to change the world together: let's listen to each other. Let's listen and learn how we can be better advocates, and how we can create better policies. We cannot hide from each other any more than the women we try and help can hide from violent pimps or violent police men or violent clients or the violence of poverty. And we cannot afford to lose ourselves in petty insults when there is so much work still to be done.
This blog will always be a space where people can respectfully discuss these important issues, even when we disagree. All I ask is a willingness to listen.
Photo credit: keepwaddling1
Zimbabwe Still Exporting Blood Diamonds
Published November 02, 2009 @ 03:48PM PT
The folks over at the Kimberly Process certification scheme, the main body responsible for certifying diamonds as "conflict-free", have threatened to suspend Zimbabwe's participation in the program for six months. It appears Zimbabwe is still seeing a great deal of human rights abuses, exploitation, and slavery in the diamond industry.
The Kimberley Process (KP) is a coalition of governments, diamond industry representatives, and civil society stakeholders, which was created to stem the flow of conflict diamonds from countries in Africa to global markets. Rough diamonds have been used by rebel movements to finance wars against legitimate governments, and the diamond industry has become notorious for exploitation and slavery, especially of children. The trade conflict diamonds has fuelled devastating conflicts in countries such as Angola, Cote d'Ivoire, the Democratic Republic of the Congo and Sierra Leone and resulted in the abuse of thousands of workers and children. The Kimberley Process Certification Scheme (KPCS) imposes extensive requirements on participating members to enable them to certify shipments of rough diamonds as ‘conflict-free’.
Zimbabwe's eastern diamond fields are the areas currently being questioned by the KP. Human Rights Watch has accused the military of killing a number of diamond diggers in the area and using the gems recovered from the dead diggers to line their own pockets. Zimbabwe is also accused of not having stringent enough regulations in place to prevent abuse in the diamond industry. A KP inspector recently recommended that Zimbabwe be barred from importing or exporting rough diamonds within the Process for at least six months "until such time as a KP team determines that minimum standards have been met." Such a ban would be a huge blow to the diamond industry in that country, but might also allow KP members to put the additional regulations in place to help prevent exploitation in the industry.
It's comforting to know the folks at KP are actively monitoring all of their members, and that they aren't hesitating to call one out for failing to live up to the rigorous standards KP insists on. But it's still important to know where the diamonds you buy have come from and how or if they are certified. You can find a wide selection of Fair Trade diamond and gold jewelry at Brilliant Earth's website.
Photo credit: swamibu
Why Human Trafficking is Not a Hoax
Published October 22, 2009 @ 01:00PM PT
Every few years, some big study tries to find instances of human trafficking and fails to find them in any significant number. And every time this happens, fiscal conservatives and others come out of the woodwork and claim that the failed study is proof that human trafficking exists only in the imaginations of liberals, evangelicals, federal agents, social service providers, feminists, police officers, organized criminals, immigration officials, parents... you get the idea. Human trafficking was not a hoax before the recent failed study in the UK, and it won't be a hoax after the failure blows over.
The Pentameter study in the UK sought to root out human trafficking in the commercial sex industry by assigning 55 units of police officers to investigate human trafficking. And despite the fact that author Nick Davies begins his article in The Guardian claiming they found not a single trafficker, they actually found several, five of whom were eventaully convicted. But they didn't find the broad and sweeping numbers of victims that they originally thought they would. Is it because there really were only five traffickers on all the UK? Probably not. There are a multitude of reasons this particular study might have failed: the police didn't know what to look for, the victims lied, the traffickers moved the victims before getting caught, the police looked in the wrong places, etc. and so forth.
But the reasons why this study may have failed are not nearly as important as the many, many other studies that have shown human trafficking does exist and in significant numbers. The UN just estimated that 270,000 victims live in the EU right now. The U.S. State Department ballparks the number of individuals trafficked globally at 800,000 each year, with 17,000 of those being brought to the U.S. The International Labor Organization has also weighed in, claiming 2.4 million trafficking victims around the world. I could go on, but that would be quite boring to read. The point is, sometimes studies fail, but that doesn't mean the problem doesn't exist. Many issues, like global warming, that were once denounced as liberal conspiracy based a some flawed or failed studies have been proven to be real and dangerous phenomenon.
The field of human trafficking desperately needs more studies, sounder methodologies, and better statistics so we can appropriately address what's actually happening. I don't know anyone who works in this area who disagrees that we need to know more. But we need most is an actual field of academic literature on this subject. Right now we have one study that says human trafficking is real and one that calls it a hoax. We have one estimate that there are 27 million moder-day slaves in the world and one that says 500,000. When the information is so different, it's almost impossible to make policy decisions based on it.
For the time being, here are my answers. If you are person who loves math, statistics, and research methodologies, please go into this field. If you already in this field, do more and better research. And if you are an activist for this cause, please don't give up on the very real victims out there while the academics get their act together.
Photo credit: photogirl17
South Korea's Disposable People
Published October 20, 2009 @ 01:00PM PT
Abolitionist Kevin Bales was the first to coin the term "disposable people" as a reference to modern-day slavery. It's remained a popular term because it has both great descriptive power and great accuracy. Victims of human trafficking are treated temporary, replaceable items -- not individual human beings. Amnesty International has recently shined a light on one group of people who are particularly treated as such -- migrant laborers in South Korea.
South Korea was actually one of the first Asian countries to grant equal rights to migrant workers, including the same status as Korean workers. In 2004, they passed legislation guaranteeing equal labor rights, pay, and benefits for all migrant workers. However, five years later, many migrant workers continue to face the hardships and abuse they experienced before legal reform. Workers often work with heavy machinery and dangerous chemicals without sufficient training or protective equipment, putting them at greater risk of accidents and fatalities. They receive less pay than South Korean workers in the same jobs. Female migrant workers face sexual harassment, rape, and trafficking into prostitution. Many workers have had wages withheld without cause and been cheated out of wages.
South Korea is an example of the importance of implementation of law. On the books, migrant workers have great legal protections and full rights. However, in reality, no mechanism for implementing the law exists. Workplaces are not monitored for safety violations, the claims of unfair dismissals and wage theft are not addressed. Unfortunately, this sort of situation is not unique to South Korea. Since the U.S. began issuing it's annual Trafficking in Persons report and rating countries on their efforts to combat human trafficking, more countries have passed better anti-trafficking legislation. Strong laws are important, but ultimately meaningless if the country lacks any mechanism to enforce that law. Too often, strong anti-trafficking laws have failed to make a difference in the lives of at-risk and trafficked people because of a lack of enforcement. We should learn from South Korea's example that the "how" of law is often just as imporant as the "what."
Until a better enforcement mechanism is in place, Amnesty International is asking South Korea to do the following:
- to ensure that employers respect, protect and promote the rights of migrant workers through rigorous labour inspections so that the workplace is safe, training is provided and migrant workers are paid fairly and on time;
- to protect and promote the rights of all female migrant workers and stamp out sexual harassment and sexual exploitation;
- to allow irregular migrant workers to remain in South Korea while accessing justice and seeking compensation for abuses by employees; and
- to ensure that during immigration raids, immigration authorities adhere to South Korean law requiring them to identify themselves, present a warrant, caution and inform migrant workers of their rights, and provide those under their custody prompt medical treatment when needed or requested.
Photo credit: 2017
Supreme Court to Hear "S&M Svengali" Sex Trafficking Case
Published October 16, 2009 @ 07:00AM PT
When she took the job, Sotomayor might not have known she's be talking about whips and handcuffs at work. But that's what will happen when the issue of human trafficking with be put before the Supreme Court in early 2010. And how does human trafficking make it's first appearance at the SCOTUS? In the form of a case that involves S&M, slavery, and some other pretty unsavory sexual stuff. Glenn Marcus, the man dubbed the "S&M Svengali", was convicted of sex trafficking in 2001 and has appealed his case all the way up the legal food chain. It's a case that has potential ramifications for trafficking victims everywhere.
Here's what happened: Marcus had an S&M-themed website in the late 1990s which featured photos of women who were his "slaves" undergoing various levels of physical abuse. He met a woman who court documents just call "Jodi," and she agreed to be on the website. At this point, two stories diverge. Jodi claims Marcus took the relationship too far -- that he forced her to do things she didn't want to do and then write about them for the site. She couldn't escape, and was effectively a slave in real life, although she started out only portraying one on a website. Marcus, on the other hand, claims that everything was consensual and part of Jodi's employment contract. Apparently, even the parts where he carved the word "slave" into her stomach with a knife, shaved her head, and whipped her brutally were part of her contract.
The reason SCOTUS has agreed to hear this case is that the abuse Marcus inflicted on Jodi took place between 1999 and 2001. The Trafficking Victims Protection Act, the law under which Marcus was prosecuted and convicted, was passed in 2000. Marcus's lawyers claim that Marcus's behavior was so different before and after October 2000, that the jury may have only convicted him on evidence prior to the passage of the law. Even if that is the case, was none of his behavior illegal before? I'm pretty sure carving a word into someone's stomach against their will has never been ok.
I'm worried about the affect this case will have on the abolitionist movement for two reasons. One, I think the S&M connection will only confuse SCOTUS's understanding of sex trafficking. Human trafficking and S&M, with the notable exception of this case, are not really connected. Sex trafficking is not about the sort of activities which take place between the victim and perpetrator, but rather the victim's consent to the situation and ability to get out of it. I'm worried that the presence of S&M will bring the court's focus on the wrong set of issues. Secondly, this case could have an impact for victims who were trafficked before 2000. It is dangerous to set a legal precedent where being trafficked before 2000 and after 2000 (instead of just after) may weaken a case.
I'll be following this case closely and will keep you updated on what our good friends on the SCOTUS decide. Hopefully, they're be able to look past the chain-mail-and-leather packaging on this case and see the central issues beneath -- abuse, consent, and slavery.
Photo credit: laura padgett
Orange County Seeks Happy Ending to Massage Parlor Ads
Published October 14, 2009 @ 01:00PM PT
The Orange County Human Trafficking Task Force can't get a decent massage. Maybe that's because the pages of their newspaper, and newspapers nationwide including the Washington Post, are full of ads for "massage parlors" featuring partially clothed, unlicensed female "masseuses." It's one of the most transparent fronts for prostitution and human trafficking still legally advertised, and people are increasingly calling for an end to the ads.
One of the beautiful parts of the American justice system is that people are presumed innocent until proven guilty beyond a reasonable doubt. The same holds true for business activities -- they are presumed legal until they are proven illegal. It's legal to post an add promising massages by women in fishnets who just turned 18. It's legal to cover these ads with non-nude sexual imagery aimed at an exclusively male audience. But it's not legal (in most of the U.S.) to run a brothel and it's not legal to sell trafficked women anywhere. So how do you know which massage business are legal and which are illegal? Enter, law enforcement. It's their job to determine if a seemingly-legal business is actually a front for something illegal. A favorite tool of law enforcement to accomplish this is conducting raids in massage parlors they find suspicious, with results varying from ecstatic thanks from newly freed trafficking victims to deportations of undocumented women voluntarily in prostitution to significant abuse by the police. It is certainly a flawed system, but one which does achieve its aims much of the time.
There is one element which I often find missing when we talk about the connection between massage parlors, prostitution, and human trafficking: common sense. Let's face it -- many of these ads are painfully obvious as covers for illegal commercial sex. I think we often get so caught up in legal definitions, we forget to use our common sense as a test for what's legitimate and what's not. Legitimate massage ads tend to focus on their licensed therapists, spa services, relaxing atmosphere, hygiene standards, and quality of service. Illegitimate massage ads tend to focus on the age or race of their masseuses, the "eroticness" of the massage, and men as a target audience. Sure, some of these ads are more nuanced and deceptive, but many of them look and feel obviously illegitimate. If the common sense test comes out with a score of sketchy, then the trickier question becomes whether a massage parlor is an illegal brothel full of trafficking victims and/or children or women who have voluntarily entered prostitution.
It's important to approach this intersection between massage parlors, prostitution, and human trafficking with a solid knowledge of legal codes and a strategic plan to work with law enforcement. But it's also important for activists to use their common sense about what is being advertised in their newspapers and speak out about it. Police can raid only so many massage parlor brothels. But when newspapers have gotten enough complaints from readers about running these ads in the past, they've stopped. And no advertising means less business for pimps and less incentive for traffickers.
Photo credit: thomaswanhoff
