Fight Against Human Trafficking Loses Ground in 11 Nations

From Bloomberg:

By Victoria Pelham

The international fight against human trafficking, from abuses of migrant workers to organized prostitution networks, lost ground in the past year, the U.S. State Department reported.

The number of countries failing to comply with international standards to prevent human trafficking almost doubled to 23, according to U.S. State Department’s 2011 Trafficking in Persons report released today.

“The problem of modern trafficking may be entrenched, and it may seem like there is no end in sight,” Secretary of State Hillary Clinton said in a statement accompanying the report. “But if we act on the laws that have been passed and the commitments that have been made, it is solvable.”

As many as 27 million men, women, and children are “living in a state of modern slavery,” she said.

Since many countries have adopted anti-trafficking laws, the issue increasingly is one of enforcement, Clinton said at a State Department ceremony honoring 10 “heroes” in the fight against such abuses. Clinton, while citing advances in countries such as Bangladesh and the United Arab Emirates, said that the overall number of prosecutions worldwide “has remained relatively static.” 

Read the full article

Clinton Global Initiative: The Key Players Fighting Human Trafficking

From the Huffington Post:

The Clinton Global Initiative took a frank look at human trafficking with a panel that included MTV, the Body Shop and a student who busted a trafficking ring.

CGI, an annual meeting that brings together leaders from around the globe to tackle some of the world's most pressing problems, convened Tuesday to Thursday.

A trafficking panel discussion on Thursday centered around everything from the role of pimps to the legislation that's emerged from both grassroots and organized advocacy.

Read more

New effort to spot human trafficking in Houston

From ABC:

By Katie McCall

Human trafficking is a significant but hard to spot problem in Houston -- and across Texas. Now a new effort is underway to raise awareness, including an entire month dedicated to educating people about it. 

Houston is, unfortunately, a hub for human trafficking, which usually involves young women brought here for prostitution because of our proximity to the Mexican border.

The statistics are staggering -- a quarter of all trafficking victims rescued in the US are found in Texas, a large percentage in Houston. Local, state and federal representative s are supporting the Houston Rescue and Restore group's efforts to fight this problem.

Read the full article

Virginia making gains in curbing human trafficking

From the Washington Examiner: 

By Emily Babay

Virginia has improved what had been a dismal record on curbing human trafficking, according to a national anti-trafficking organization.

Polaris Project, which runs the national human trafficking resource center, had previously rated Virginia in its lowest tier. But after the state passed three anti-trafficking bills last year, Virginia is now ranked in its second-highest tier and is no longer singled out as "lagging behind" in its human-trafficking laws.

"Great bills went through," said James Dold, policy counsel for Polaris Project.

Gov. Bob McDonnell signed the three bills in May. One makes the abduction of any person for prostitution or of a minor for manufacturing child pornography a Class 2 felony that is punishable by 20 years to life in prison. Another requires the Department of Criminal Justice Services to advise law enforcement about prosecuting trafficking offenses. The third mandates that the Department of Social Services develop a plan to help trafficking victims.

Officials said those measures are already being implemented. The state held its first training seminar on recognizing human trafficking and prosecuting it last week.

"The biggest problem is spotting it," Virginia Attorney General Ken Cuccinelli said. He said the session taught prosecutors, police officers and social workers about signs of trafficking and Virginia laws.

Read the full article

Wyden Reintroduces DMST Deterrence and Victim Support Act : S.596

From Shared Hope International:

What you need to know about this legislation:
• It will provide $2m to $2.5m a year in funding to six state and local pilot projects to serve and shelter child victims of sex trafficking.
• Applying entities must have a multidisciplinary, collaborative plan to combat the sex trafficking of minors. • 67% of funds must be used for direct services and shelter for victims.
• Funds can be used to increase law enforcement efforts to combat the sex trafficking of children.
• This is a bipartisan bill.
• The legislation is sponsored by Senator Ron Wyden (D‐OR) and Senator John Cornyn (R‐TX).

How this bill will help address existing domestic minor sex trafficking challenges:

Challenge: There is little collaboration and communication between the various agencies and organizations that encounter or work with sex trafficked children. This lack of collaboration is a major impediment to efficiency and finding workable solutions.
How this bill helps: This legislation requires multidisciplinary collaboration from grantees.

Challenge: Law enforcement has expressed frustration that when they discover an exploited child, there is nowhere safe to place him/her for help.
How this bill helps: With at least 67% of funding required for shelter and services for victims, the grant locations will be required to establish safe shelter for victims.

Challenge: Sex trafficked children have a multitude of needs ranging from post‐traumatic stress and depression to STDs, substance abuse and chronic illness. They also may not have a safe, appropriate home to return to. There are few programs appropriate to address their needs. As a result, they are caught in a cycle of abuse and arrest.
How this bill helps: The majority of funding is required to go to services and shelter for victims. Additionally, the bill’s multidisciplinary focus will result in all stakeholders coming together to collaborate on fixing the response protocol, making it more efficient and addressing the intense needs of these children.

Challenge: Trafficking cases are time intensive and can be expensive. Federal prosecutors may prosecute these cases but local police are most often in a position to find the crime. Local law enforcement agencies need the resources and training so they can identify a trafficking case. If law enforcement does not have the resources to investigate trafficking cases, criminals will see little risk in the profitable venture of selling children for sex.
How this bill helps: By allowing funds to be used for training and law enforcement/prosecutor salaries related to investigation and prosecution of sex trafficking cases, the bill supports critical enforcement efforts.

To track this bill visit: http://www.govtrack.us/congress/bill.xpd?bill=s112-596 Visit http://www.senate.gov/general/contact_information/senators_cfm.cfm to find your senators if you would like to contact them to express your support.

Tiffany Williams: Silencing Human Trafficking Victims in America

From Other Words:

Women should be able to access victim services, regardless of their immigration status.

Thanks to a wave of anti-immigrant proposals in state legislatures across the nation, fear of deportation and family separation has forced many immigrant women to stay silent rather than report workplace abuse and exploitation to authorities. The courts have weakened some of these laws and the most controversial pieces of Arizona's SB 1070 law have been suspended. Unfortunately, America's anti-immigrant fervor continues to boil.

As a social worker, I've counseled both U.S.-born and foreign-born women who have experienced domestic violence, or have been assaulted by either their employers or the people who brought them to the United States. I'm increasingly alarmed by this harsh immigration enforcement climate because of its psychological impact on families and the new challenge to identify survivors of crime who are now too afraid to come forward.

For the past decade, I've helped nannies, housekeepers, caregivers for the elderly, and other domestic workers in the Washington metropolitan area who have survived human trafficking. A majority of these women report their employers use their immigration status to control and exploit them, issuing warnings such as "if you try to leave, the police will find you and deport you." Even women who come to the United States on legal work visas, including those caring for the children of diplomats or World Bank employees, experience these threats.

Though law enforcement is a key partner in responding to human trafficking, service providers continue to struggle with training authorities to identify trafficking and exploitation in immigrant populations, especially when the trafficking is for labor and not sex. While local human trafficking task forces spend meetings developing outreach plans, our own state governments are undermining these efforts with extremely harsh and indiscriminate crackdowns on immigrants.

Even before Arizona's draconian anti-immigration law went into effect, hundreds of immigrants were arrested and deported without screening that would have identified them as victims. While it's true that victims of crime who are "out of status" or undocumented can access immigration relief in the form of special visas, it will be impossible for service providers and advocates to reach them if their fears of law enforcement are reinforced by "ICE ACCESS" programs. The best known of these is 287(g), which allows local police to enforce federal immigration laws, as well as state legislation like SB 1070.

Approximately five million U.S. citizen children have at least one undocumented parent. A study by the Urban Institute revealed that children are often the real victims of workplace raids--80 percent of the children of workers in their study sites were less than ten years old. When families experience long separations from other family members, the report noted the effects can include significant economic hardship, psychological stress, and feelings of abandonment that can lead to sustained mental health problems.

When the American Psychological Association recently recommended overhauling our detention centers and social service networks to better protect children and maintain family units, it acknowledged the widespread psychological trauma caused by immigration enforcement--including everything from infant developmental delays to dismal academic performance.

Regardless of their legal status, these women are human beings working hard to feed their families. Their home countries' economies have been by shattered by globalization. Our economic system depends on their cheap labor. Yet much of the debate about U.S. borders fails to acknowledge immigrants as people, or appreciate the numerous cultural contributions that ethnic diversity has provided this country. As a result, humane comprehensive immigration reform remains out of reach in Congress.

We're a nation of immigrants and a nation of hard-working families. An economic crisis caused by corporate greed has turned us against each other in desperation and fear. We should band together to uphold our traditional values of family unity, to give law enforcement the tools they need to provide effective victim protection and identification rather than reactionary laws, and ensure that women can access victim services, regardless of immigration status.

I thought this was a particularly effective piece for making the case that you cannot consider immigration policy and anti-trafficking policy as completely divorced from one another. There are two longer journal articles I would recommend, which also touch on this issue: "Misery and Myopia: Understanding the Failures of U.S. Efforts to Stop Human Trafficking" by Jennifer Chacon and "Assessing the U.S.-Mexico Fight Against Human Trafficking and Smuggling: Unintended Results of U.S. Immigration Policy" by Salvador A. Cicero-Dominguez.

2010 Year in Review

2010 was an exciting year for anti-trafficking work, from the inclusion of the U.S. for the first time in the Trafficking in Persons Report, to the celebration of the 10th Anniversary of the TVPA, to the European Union passing a new directive aimed at addressing trafficking. The year also saw a number of high profile cases and challenges. As we look forward to increased action in 2011, here are some of 2010's milestones:

Jennifer: In September, a federal grand jury in Hawaii brought an indictment against the president, three executives, and two labor contractors with Global Horizons "on charges that they imposed forced labor on some 400 Thai farm workers, in what justice officials called the biggest human-trafficking case ever brought by federal authorities," according to the New York Times. The workers were recruited from Thailand, and in 2007 they told reporters for the Seattle Weekly about their situation, which involved exorbitant debts, poor working conditions, little to no pay, threats, and document confiscation as a means to compel them to work. According to the indictment, Global Horizons attempted "to compel the workers’ labor and service through threats to have them arrested, deported or sent back to Thailand, knowing the workers could not pay off their debts if sent home." This case is noteworthy both for the size of the case and number of potential victims, as well as for exposing the ways that workers under the H-2A visa program may be exploited and for the ways that force, fraud, and coercion can operate in labor trafficking situations.

Bia: In late December 2010, The United Nations Office on Drug and Crime (UNODC) called for member states to ratify the Trafficking In Persons Protocol, which supplements the UN Convention against Organized Crime. One of the hugely important elements of this protocol is its focus on the rights of the victims and survivors of human trafficking. As much focus and energy goes into preventing the crime from even taking place, we have to deal with the current realities as well.The reality is that people are trafficked. The reality is also that those who escape exploitation are more often than not treated as if they were the criminals rather than the victims. That is unacceptable and it is up to us - as advocates or diplomats or simply empathetic individuals - to ensure that the correct infrastructure and systems are in place to aid the physical, psychological and emotional recoveries of those who survive being trafficked.

Elise: The United States was included in the tier rankings for the first time since the State Department began releasing the annual Trafficking In Persons Report. Previously, the TIP Report relied exclusively on data provided by the DOJ's report to Congress when adding information about the US's anti-trafficking effort. This year, however, Secretary Clinton stated that, "“We have to ensure that our policies live up to our ideals, and that is why we have for the first time included the United States.” The US gave itself a Tier 1 ranking, the highest out of the four rankings a country may receive. The country report mentions that the standardization of data collection in the US has yet to develop, which is why, still to this day, we do not have an accurate representation of what trafficking looks like in the US. What will also be more helpful to understanding trafficking is data collection that reflects the nuances of cases that involve both sex and labor trafficking. Forty-two states have enacted specific anti-trafficking statutes using varying definitions and a range of penalties. Such statutes are only gradually coming into use; during the reporting period, two states obtained their first convictions under anti-trafficking statutes passed in 2003 and 2007. The report also mentions the disparities between states on public benefits that are available to survivors. While there has been a 210 percent increase in certifications of foreign victims over the past five years, there has been no corresponding increase in funding for services. The report goes into further detail about the complications and burden the funding delivery structure also places on service providers; a problem that most directly affects survivors.The report also made a lengthy list of general recommendations that the US should engage in order to improve its response: improve data collection, increase law enforcement training, increase funding to service providers, improve cooperation among stakeholders, make immigrant and migrant workers more aware of their rights.

Jennifer: In October, the U.S. celebrated the Tenth Anniversary of the Trafficking Victims Protection Act (TVPA). The TVPA and its subsequent re-authorizations are the main federal legislation addressing human trafficking in the US. The law aims to be comprehensive and address "prevention, protection, and prosecution," and is responsible for everything from authorizing the T visa for trafficking victims to making human trafficking a federal crime. A DOJ report on states "The Tenth Anniversary of the Trafficking Victims Protection Act (TVPA) gives us occasion to reflect upon the remarkable strides our nation has made in combating human trafficking in the decade since the TVPA’s landmark provisions took effect on October 28, 2000. The enactment of the TVPA sparked a decade of progress toward eradicating modern-day slavery, a national endeavor that traces back to the Thirteenth Amendment’s command. . . Over the last ten years, we have recognized more than ever before that the fight to deliver on the promise of freedom can only be won through broad-based, collaborative efforts to address all dimensions of human trafficking. Among all the advances since passage of the TVPA, perhaps the most notable is the evolution of the strong partnerships between federal, state, local, and international law enforcement, government agencies, and non-governmental organizations (NGOs) who assist victims of human trafficking and advocate to bring an end to modern-day slavery." The act was most recently re-authorized in 2008, and will be up for re-authorization in 2011, making this an important time for anti-trafficking advocates in the US to not only reflect but to also look forward.

Laura: The human trafficking landscape in the European Union took a step towards abolition on December 14, 2010 with the European Union’s passing of a new anti-human trafficking directive. Member states, excluding Denmark and the UK, will have two years to adopt and implement the new directive, which replaces the current 2002 Framework Decision on combating human trafficking. Tougher penalties for traffickers include a minimum five year sentence, rising to ten years if child exploitation, threat to life, and/or organized crime are involved. The harsher penalties and improved victim assistance measures were outlined as key measures of the directive however a proactive stance is also being developed. Civil Liberties Committee rapporteur Anna Hedh (S&D, Sweden) said, "We also have to work on the roots of human trafficking, such as the demand for services. The human body is not a commodity that can be used and sold for money.” The EU is adopting a multi-pronged strategy to address human trafficking, with a proactive focus on identifying the root cause of the problem. The shift from a reactive to proactive stance is crucial if we are to change the systemic inequalities helping perpetuate the cycle of abuse. The global community’s recognition of the severity of the problem through legislative mandates is a key aspect in the fight to move beyond a culture of ignorance to a culture of action. The new legislation is complemented by the recent launch of the EU’s Anti-Trafficking Website. With each passage of anti-human trafficking legislation we spring forth from the silence and stop the complicity inherent in avoidance of the issue.

Elise: Although the California law SB 657 is directed toward U.S. companies, the bill will undoubtedly have international effects through the thousands of businesses with global supply chains, which will now be required to disclose measures they are taking to eradicate slavery and human trafficking from those supply chains. As Governor Schwarzenegger stated during the signing event, "This legislation will increase transparency, allow consumers to make better, more informed choices and motivate businesses to ensure humane practices throughout the supply chain." Representative Carolyn Maloney is considering introducing a similar bill on the federal level. While consumers do have the power to demand accountability through purchasing power, these laws can help ensure we have the information we need to make those decisions. I am certain 2011 will see more of these types of bills progress and hopefully have the desired effect of preventing some forms of trafficking.

Child Marriage

From Talking Points Memo:

On Thursday night, hours before passing the tax cut compromise, House Republicans thwarted a bill that aimed to protect girls around the world from being coerced into child marriage. They opposed it because, they claimed, it might fund abortions.

The bill's sponsor, Rep. Betty McCollum (D-MN), was blindsided. After the Child Marriage Protection Act passed the Senate with zero objection on Dec. 1 -- a rare feat these days -- it didn't seem like there was much to worry about.

But just before the vote began, Republican leadership blasted out a "whip alert" to GOP staffers with a message: Vote no. The alert claimed the bill cost too much and that a competing bill, introduced just the day before, would be better.

"There are also concerns that funding will be directed to NGOs that promote and perform abortion and efforts to combat child marriage could be usurped as a way to overturn pro-life laws," the alert read.

And so the bill, which needed a two-thirds vote to pass under the suspended rules, failed. Even some congressmen who sponsored the bill voted no.

McCollum, along with human rights organizations and the State Department, believes that child marriage is a form of child abuse that includes sexual abuse, domestic violence and slavery.

Read the full article here.

Read the bill here.

According to Change.org: Millions of girls are forced into child marriages around the world, sometimes with men over twice their age. In developing countries, child marriage is an incredible problem, with girls' physical and emotional health being endangered by this dangerous practice. From missing out on education to dangerous childbirth at a young age, girls in developing countries are especially at risk because of child marriage.

In response to the House of Representatives failure to pass the bill, change.org has started a petition which can be viewed and signed here.

Picture by Kay Chernush for the U.S. Department of State.

Action Steps from the Chicago Alliance Against Sexual Exploitation

Chicago Alliance Against Sexual Exploitation (CAASE) recently presented at a national human trafficking conference on effective ways for citizens to Demand Change! This post will highlight steps for you to demand change on international sex trafficking and the commercially sexually exploited children (CSEC). Each action results in a reaction, each reaction hopefully leads to a discussion on ways to end human trafficking. Add your voice to the Demand for Change.

1) Keep Informed: Read up on international sex trafficking on websites such as www.notforsale.org; www.love146.org, www.polarisproject.org, Read blogs on the issues. Knowledge is power. Equip yourself with the power to end human trafficking.

2) Raise awareness. Visit the “Restore and Rescue” campaign for resources to share with your community. (http://www.acf.hhs.gov/trafficking).

3) Fundraise for a trusted organization fighting human trafficking. Events could include a benefit concert, movie night, or a 5k marathon to engage the local community. Potential movies include Playground, Very Young Girls, Lilya 4-Ever, or Born into Brothels.

4) Volunteer! Take time to volunteer at a local organization aimed at the abolition of human trafficking. Or donate money to an anti-trafficking organization.

5) Advocate! Be the voice of the estimated 600,000-800,000 individuals trafficked internationally each year.

a) Lobby for international airlines to train their employees on identifying human trafficking victims. A free manual is provided at www.innocentatrisk.org.

b) Ask your representative to support the Domestic Minor Sex Trafficking Deterrence and Victims Support Act. (HR5575).

6) Add the Human Trafficking Hotline number to your phone. Take out your phone right now and add 1-888-3737-888. Phone to “report a tip; to connect with anti-trafficking services in your area; or to request training and technical assistance, general information, or specific anti-trafficking resources” (Polaris Project)

The steps outlined are just a foray into the ways YOU can make a difference and make your voice heard!

Posted on behalf of Laura Convery.

Safe Harbor Legislation

I spent this past summer as a U.S. Advocacy Intern with Love146, an organization fighting to end child sex slavery and exploitation. The organization, headquartered in New Haven, Connecticut, was abuzz with excitement due to Connecticut’s passage of the Safe Harbor for Exploited Children Act, Public Act 10-115, effective October 1, 2010. Far too often children are arrested for engaging in prostitution and sent to a juvenile detention facility. However, this treatment stands in stark contrast to the 2000 Federal Trafficking Victims Protection Act (TVPA) definition of a person under the age of 18 who has been “recruited, transported, harbored, provided, or obtained for purposes of a commercial sex act” as a victim of human trafficking.

U.S. Senator Dick Durbin (D-IL) recently hosted a hearing titled, “In Our Own Backyard: Child Prostitution and Sex Trafficking in the United States”, and in the opening remark stated, “We have created a legal dichotomy in America in which the federal government views prostituted children as victims, yet most states treat them as criminals.” Safe Harbor legislation seeks to eliminate the discrepancy inherent in many states handling of prostituted children and ushers in a paradigm shift viewing children as victims instead of criminals.

In Connecticut the legal age for consensual sex is 16 years of age, however, per the TVPA any person under the age of 18 found engaging in a commercial sex act is a victim of human trafficking. The Connecticut Safe Harbor Act prevents a child under 16 years of age from being charged with prostitution and views a person age 16 or 17 years of age as a victim of human trafficking.

The implementation of Safe Harbor legislation follows a biopsychosocial framework by focusing on addressing a survivors biological, psychological, and social needs post-exploitation through partnerships with social service providers. It is important to note that Safe Harbor legislation does not decriminalize prostitution but rather protects the estimated 100,000 American children forced to engage in prostitution every year.

The possibility of re-victimizing a child by focusing on criminalization instead of victimization merits a change in U.S. policy towards prostituted children. The current Safe Harbor political landscape only includes Connecticut, New York, Washington, and Illinois.The lack of awareness in the United States is contributing to the continuation of this lucrative crime. Ask your State Representatives where they stand on Safe Harbor legislation.

California Supply Chain Bill Signed into Law

Governor Schwarzenegger signs SB 657,which aims to help eliminate slavery and human trafficking from product supply chains, into law.

Part I



Part II

Gov. Schwarzenegger Signs Legislation to Combat Human Trafficking

Governor Arnold Schwarzenegger announced [on 9/30/2010 that] he has signed SB 657 by Senate President pro Tem Darrell Steinberg (D-Sacramento) to help eliminate slavery and human trafficking from product supply chains.

“Human trafficking is a terrible crime that goes against basic human rights and everything our country stands for,” said Governor Schwarzenegger. “I am proud that in California, we have enacted some of the toughest laws to punish human traffickers and protect their victims. This legislation will increase transparency, allow consumers to make better, more informed choices and motivate businesses to ensure humane practices throughout the supply chain.”

SB 657 requires major retail sellers and manufacturers doing business in California to disclose their voluntary efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale.

Read the Full Press Release Here.

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With this bill, California has taken an important step forward in addressing human trafficking and the use of slave labor in the products that we buy. In addition to simply acknowledging the fact that slave labor exists in the supply chain for many of the goods that we consume, this bill encourages producers, retailers, and consumers to eliminate the use of slavery. By enacting this legislation, which is the first of its kind in the United States, California takes a leading role that hopefully other states will emulate.

California Supply Chain Act, Unfair?

Firms oppose California bill to disclose policing of labor practices
Bill would require large firms to post online what they're doing to ensure that no one in their supply chain violates human rights. Business groups fear it could make them the target of enforcement actions and bad press.

August 13, 2010|By Marc Lifsher, Los Angeles Times

Reporting from Sacramento —

California companies say they won't deal with suppliers who use forced labor to dig out gems for jewelry or sew buttons on clothes. But they won't support legislation that would force them to divulge what they're doing to monitor their suppliers' workforce practices.

A bill by Senate President Pro Tem Darrell Steinberg (D-Sacramento) would require retailers and manufacturers with annual revenue of at least $100 million to post on the Internet what they're doing — or not doing — to ensure that no one in their supply chain violates human rights.

The idea is to give shoppers and investors who want to support companies taking anti-slavery stands an opportunity to spend their money in a socially conscious way, proponents such as British actress Julia Ormond have argued.

Many companies, such as Gap Inc. and Nike Inc., voluntarily police suppliers' labor practices such as mining rare metals in Africa or sewing dresses in East Los Angeles, they said.

But major statewide business groups oppose any state mandate that could make them the target of government enforcement actions and resulting bad press.

"These are the kinds of issues that create great consternation for my companies, which spend a lot of time worrying about their image," said Dorothy Rothrock, a vice president of the California Manufacturers and Technology Assn.

The bill would require companies to reveal publicly whether they hire outside experts to check suppliers' labor practices, whether they conduct independent and unannounced audits of suppliers and whether suppliers certify that raw materials are processed in accordance with local and international labor and safety laws.

There's nothing onerous about the bill, said Steinberg, noting that it would affect only about 3.2% of California businesses. "These requirements seem relatively simple and very doable," he said.

What's more, he said, "it's good business to ensure that workers who make your products are treated with respect and dignity."

The bill, SB 657, passed the state Assembly and is awaiting a final vote in the Senate this month.

"Business has a vital role to play in using their supply chains as the road map to tackling strategically and impactfully the worst forms of poverty on the planet," Ormond testified at a recent legislative hearing. "Consumers need to know their level of engagement so they can make informed choices."

**********************************************************

In case you are unaware, California is in process of considering The California Supply Chain Transparency Act of 2010 (SB 657) and The Slave and Sweat Free Code of Conduct for goods sold to the State of California (SB 1231). The former would require large companies to disclose all efforts to use 3rd parties to check and address the possibility of human trafficking and slavery in their supply chains, in part by independent random audits of the company’s suppliers. The latter bill would lead to prohibition on the Government of California from purchasing items from companies that are believed to used forced forms of labor.

While companies say they agree in principle to not using forced and exploitative forms of labor, they are not okay with the first bill which requires them to publicly state what they are doing to ensure their suppliers are not using such labor. Many companies are very worried about their public image and feel this bill could lead to bad press and increased enforcement on their companies as compared to small companies, which will not be required to report.

The goal is to give concerned consumers a mechanism to learn about what companies are doing and to enable them to make ethical decisions about their purchases.

Despite the companies' concerns, this is a very important step in the fight to get companies to take human rights violations in their supply chains seriously. If you live in California, please contact your Assembly Representative in support of SB657 and SB1231. You can find your representative at http://www.leginfo.ca.gov/yourleg.html. If you do not, please sign this petition supported by the Coalition to Abolish Slavery & Trafficking, which is targeted to Governor Schwarzenegger.

Judiciary Committee Approves Wyden-Cornyn Legislation to Combat Sex Trafficking

Follow up to Take Action on the Trafficking Deterrence and Victims Support Act.

News Release . . .

United States Senate

Judiciary Committee Approves Wyden-Cornyn Legislation to Combat Sex Trafficking

Bill provides aid for sex trafficking victims while taking a hard line on the pimps and traffickers who exploit underage girls

Washington, D.C. – The U.S. Senate Judiciary Committee sent a message to the perpetrators of modern sexual slavery today when it approved legislation introduced by U.S. Senators Ron Wyden (D-Ore.) and John Cornyn (R-Texas). The FBI estimates that each year more than 100,000 underage girls are exploited for commercial sex in the United States. The Trafficking Deterrence and Victims Support Act will put forward a model for rescuing these young women by providing block grants for a six state pilot project that will give law enforcement enhanced tools for cracking down on the pimps who orchestrate sex trafficking while creating shelters and providing treatment, counseling and legal aid for the minor victims.

“Today’s bipartisan vote sends a clear message that sexual slavery will not be tolerated in the United States,” Wyden said. “Putting a real end to sex trafficking means doing more than just locking up those involved. A serious effort must also be made to address the factors driving the cycle of exploitation. Our approach will do this by focusing law enforcement on the real criminals – the pimps abusing underage girls for profit – while giving these young women the tools they need to escape their abusers.”

“These young victims pose unique challenges to law enforcement and service providers,” Cornyn said. “Their cooperation with authorities is often impeded by the victims’ fragile psychological state, and further complicated by the threat of physical violence posed by the evildoers who exploit children for profit. Our bill is aimed at developing collaborative programs to help victims begin the physical and mental healing process. Providing these services will dramatically increase the chances of a victim’s cooperation and help law enforcement bring down sex-trafficking rings, which are often associated with international criminal syndicates and street gangs.”

Block grant locations would be chosen by how they rate on criteria such as the presence of significant sex trafficking activity; demonstrated participation by local, state, and federal law enforcement agencies, prosecutors, and social service providers; and a workable plan to provide comprehensive, wrap-around services to sex trafficking victims, including the establishment of a shelter facility.

Each block grant would be funded at $ 2 - 2.5 million per year and could be renewed for two additional years. Items to be funded by the block grants would include:

· A shelter for trafficking victims;

· Clothing and other daily needs in order to keep victims from returning to the street;

· Victims' assistance counseling and legal services;

· Education or job training classes for victims;

· Specialized training for law enforcement and social service providers;

· Police officer salaries - patrol officers, detectives, investigators;

· Prosecutor salaries, and other trial expenses;

· Investigation expenses - wire taps, expert consultants, travel, other "technical assistance" expenditures; and

· Outreach, education, and prevention efforts, including programs to deter offenders.

The bill will also help boost prompt reporting of information on missing and abducted children to the National Crime Information Center (NCIC) database. More timely reporting will help law enforcement identify repeat runaways, who are statistically proven to be more likely to be lured into prostitution.

Susan Sarandon Campaigns Against Prosecution of Child Sex Slaves

From the Huffington Post on 3 August 2010:
Susan Sarandon has joined other celebrities and activists -- including Somaly Mam, a sexual slavery survivor and major force in the fight against child prostitution -- in calling for legislative action to protect children forced into sexual slavery.

Though children under the age of 16 cannot legally consent to sex anywhere in the U.S., they can still currently be sentenced to juvenile hall for prostitution. Without the protection of Safe Harbor laws, children involved in the commercial sex trade can be prosecuted for their own abuse and exploitation in almost every U.S. state. Only N.Y., Conn., Ill. and Wash. state have put in place protective sanctions around children under 16 to keep them from being criminally charged with prostitution.

Read the full article here:

The Body Shop's Child Trafficking Petition

The Body Shop just started running a petition in the United States, to promote the passage of "safe harbor" laws which would prohibit prosecution of children under 18 for prostitution, and to instead provide resources for child victims. To sign the petition, click here or on the widget below:

New York's New Domestic Worker Law

Last week, the New York State Senate approved the Domestic Workers Bill of Rights. According to the bill summary, the legislation "Enacts provisions relating to labor standards for domestic workers; includes provisions for a living wage, overtime pay, vacation, sick and personal time, advance notice of termination and severance pay; also prohibits trafficking in domestic workers; requires record keeping and notice; includes domestic workers under provisions of the labor law; includes penalties for violations thereof."

Currently, domestic workers are not covered under the Fair Labor Standards Act and are excluded from the National Labor Relations Act, making them particularly vulnerable to exploitation, including human trafficking. Advocacy groups believe that this could be an important step to redressing these inequalities, particularly if the New York law sets precedence in other states.

As Tyler has reported in relation to Kuwait and Qatar, the US is not alone in excluding domestic workers from basic labor protection. Often domestic labor is performed by immigrant populations, particularly women of color, who have historically been denied other basic rights and protections. This creates a vicious cycle where people who are already vulnerable to exploitation due to denial of other rights, poverty, racism, and gender discrimination, are made even more vulnerable by laws that are inacted because of racism and gender discrimination.

Human trafficking involving forced domestic servitude/domestic slavery has been identified in the US. The anti-trafficking organization Break the Chain Campaign began due to "an expose in the Washington City Paper by IPS Fellow Martha Honey (entitled "Capital Slaves"), which chronicled the lives of women living in virtual slavery while working as domestic servants for officials of the World Bank and other international agencies." In 2006, two Egyptian nationals "to federal charges for enslaving a 10-year-old girl for two years and forcing her to work as a domestic servant for their family of seven at their Irvine residence." A Wisconsin couple were sentenced in 2009 for forcing a woman to work as their domestic slave for 19 years.

In order for the New York Domestic Workers Bill of Rights to become law, New York Governor David Paterson must sign a reconcilled of the bill; according to New York Business, last year Governor Paterson pledged to sign the legislation.

Photo from the New York Independent Media Center.

State Trafficking Laws

The Trafficking Victims Protection Act of 2000 was the first piece of federal legislation to address modern-day slavery specifically. It has been reauthorized multiple times, most recently in 2008. Since its enactment, states have implemented their own anti-trafficking legislation, that has been varied in timeliness, scope, and focus; some states have implemented innovative anti-trafficking laws; others have yet to take any concrete action. This month, the writers of HTP report on their own state's legislative efforts.

Meg: Oregon has two different trafficking-related offenses: involuntary servitude and trafficking in persons. "Involuntary servitude" involves forcing another to perform services by means of some kind of threat, and "trafficking" involves involuntary servitude with the addition of financial or other gain by the trafficker as a result of the forced services. Trafficking in persons is a Class B felony, and involuntary servitude can either be a Class B or Class C felony, depending on the severity of the threat or coercion by the offender. Victims of trafficking or involuntary servitude may claim the defense of duress if they are prosecuted for acts performed as a result of the coercion (presumably this refers to prostitution), but apparently they are not immune from prosecution altogether. Engaging in prostitution is a lesser crime (a misdemeanor) than inducing prostitution (a felony). It does not appear that there is an exception for minors. One interesting fact: Oregon passed a law this year that requires the Oregon Liquor Control Commission to distribute information on human trafficking (provided by the Polaris Project) to the establishments it licenses, including stickers with a hotline number that owners will be encouraged to post in a prominent location.

Jenn: Despite being the headquarters of federal government anti-trafficking efforts and numerous national and international anti-trafficking NGOs, the District of Columbia currently lacks an anti-trafficking law. Today, June 1st 2010, though, legislation will go before the City Council of D.C. to address this deficiency. According to Polaris Project, if passed the proposed legislation would "create the crime of human trafficking, covering both labor and sex trafficking, with appropriately severe penalties. It would provide crucial assistance to victims, including access to a victim advocate to develop a safety plan and it would allow civil cases to be brought by a victim against his/her trafficker." Such legislation is an important first step to additional anti-trafficking policy in D.C. to address the realities of slavery in the Nation's Capital.

Anti-Trafficking Legislation 2010

As many state legislative sessions come to a close, it is useful to take stock of anti-trafficking legislation that has passed this year. A number of states have passed bills that address different aspects of trafficking or that take creative approaches to combating trafficking.

Alabama and Vermont both passed laws making trafficking in persons a state crime for the first time. While this is exciting progress, several states still do not have laws criminalizing trafficking, such as West Virginia and South Dakota.

Other states that already had anti-trafficking legislation moved forward on efforts to increase penalties for traffickers. Maryland legislation that passed this session will increase penalties for traffickers, and create penalties for people that knowingly benefit from trafficking.

Beyond criminal provisions, some states passed legislation that will help people report potential cases and help victims connect with services. Maryland and Oregon both passed bills that will mandate or encourage certain establishments to post the human trafficking hotline number for the National Human Trafficking Resource Center. In Maryland, hotels that have been the location of arrests for prostitution, solicitation of a minor, and/or human trafficking will have to post the number; in Oregon, establishments that sell alcohol will be provided with free materials with the hotline number. Washington state also passed legislation that will allow for the hotline number to be posted in rest stops in the state.

Following New York's example, Connecticut and Washington also have become leaders in addressing commercial sexual exploitation of children/sex trafficking of minors through so-called Safe Harbor Legislation. Such laws aim to divert minor victims of sex trafficking, who in the past may have been arrested for prostitution and treated like criminals, from the criminal justice system. Instead, minors will be directed towards service for trafficking victims/survivors. Other states, such as Illinois, are considering similar legislation.

While this session has seen the passage of a number of important pieces of anti-trafficking legislation, much remains to be done, and constituents play a vital role in pushing legislators to take action. Please encourage your representatives to address trafficking in your state.

New Minimum Wage for Kuwait's Expat Workers Paves the Way for Domestic Worker Reforms

Despite the overall inaction seen across the Gulf Region to institute a universal minimum wage for workers outside of the public sector, progressive measures are being taken by Kuwait to implement upgrades to its newly approved labor law.

The Trade Arabia News Source released an article recently that revealed the approval of a minimum wage for expatriate workers of approximately 207 USD per month. Although the salary is relatively small, this is a major milestone across the GCC countries, and especially within Kuwait, a country that has traditionally neglected the establishment of legal safeguards to protect its foreign population from exploitation and coercion by Kuwaiti citizens.

Kuwait's new labor law was approved earlier this year, and until that time, had not been reformed in over forty years. Although a minimum wage is certain to improve the lives of hundreds of thousands of Kuwait's foreign workers, domestic workers are currently excluded from the new labor law. The article also focused on promulgating legislation that would enforce a new minimum wage for Kuwait's estimated 600,000 domestic workers, employed as maids, drivers, gardeners and security guards.

A proposed salary of 45 Kuwaiti Dinars (approximately 154 USD) is one of several reforms that will be included in the draft domestic worker law, along with amendments to enforce working hours, payment of wages and protection from abuse.

Such legislation would vastly improve the lives of domestic workers who are often forced to work 16-hour days. If the current draft law is approved by parliament, working hours for domestic workers would be limited to eight per day, employers would no longer be allowed to withhold passports, and workers would be allowed one day off per week and time-off during national holidays.

Skeptics still question the extent to which the government would be able to enforce the new law given the high sensitivity associated with domestic issues (within private homes) and how they should be regulated by the Ministry of Social Development (responsible for regulating all other foreign workers). For example, the new law would impose fines on employers who fail to pay their domestic workers, but there are no mechanisms in place to enforce or prove that a violation has been committed. Since most sponsors do not allow their domestic workers to contact their embassies or law enforcement agents, most cases go unreported.