Law and Human Trafficking - Essay Example

Law and Human Trafficking Human Trafficking Human trafficking is considered a sort of slavery in which someone or group of people benefit from having the control over others whom they exploit and misuse for their selfish interest. It can be taken to mean a situation in which individuals use fraud, force or coercion on others in order to control them so that they could provide forced labor services or commercial sex against their will. In other occasions, the traffickers may decide to use threats, debt bondage, violence and any form of manipulation to trap their victims (Theresa 271). Human Trafficking Becoming a Crisis The July 3, 2014 ABC News reported that approximately 52,000 unaccompanied children found their way into the United States from different counties of the world, especially Honduras, Guatemala and El Salvador (Theresa 265). This number was an increase of about 92% from the recorded report on June same year. This, therefore, raises concern about human trafficking because questions are raised how the children found their way into the United States without having any records at the Immigration offices and the borders. Erick Cardenas (2013), country’s child prosecutor, held that most of the cases handled in the year 2013 in Guatemala involved those of stolen babies who were claimed to have been sold to the United States (Shelley 105). This high rate of missing children in the various countries makes Human Trafficking a global crisis and raises much concern for the integrity of human morals and intention of the traffickers who were stealing children from the countries. It is also claimed that the immigration departments at the US borders have loop holes in their organizations that encourage human trafficking. The immigration laws that should prevent trafficking are not stringent thereby, creating the conducive environment that encourages human trafficking (Theresa 275). This has increased the cases of Unaccompanied Alien Children (UAC). Human trafficking has also been on the rise because some of the officers working at the immigration offices and the Office of Refugee and Resettlement (ORR) are also involved in the evil act of human trafficking because of the huge profits that accrue to them from the sale of the children and the adults. This as noted by the US house Judiciary chairman Rep. Bob Goodlatte, makes over 90% of the UACs cases not being presented to the courts for justice to be sought for the victims (Theresa 275). It is, therefore, important to note that human trafficking has become a crisis because of the laxity in the enforcement of the trafficking laws, not in the absence of the laws. United Nations Definition of Human Trafficking Human trafficking is considered a serious crime and gross violation of human rights, therefore United Nations have been in the forefront in trying to assist the United States and the affected countries in preventing human trafficking through the implementation of the Trafficking in Persons Protocol. This aims at preventing, suppressing and punishers the traffickers (Shelley 115). According to the United Nations definition of Human Trafficking, Article 3, of the Trafficking in Persons Protocol provides the definition of Human Trafficking as “recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or any other means 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.” Three main elements are in the definition; the act that is human trafficking, the means in which the act is carried out and the motive of carrying out an act (Gallagher p. 34). An example of case law of trafficking happened between United States vs. Gasanova, where the appellants, Gasanova and his wife, brought three Uzbekistani women to U.S to perform as topless dancers. They secured the women’s visas by falsely indicating on the visa applications that the women were coming to the U.S to do research at a nearby University. Once they in U.S, the appellants confiscated the passports, visas, and the women’s identification documents. They then made the women live with them and surrendered their earnings to them however; the appellants paid them very little for their services. They were sentenced to imprisonment for five years each. Statistical Data on the number of yearly violations The report given by the International Labor Organization gives the estimation of about 20.9 million victims of human trafficking globally. This includes 5.5 million children. This gives 55% of the victims to be women and girls. The International Labor Organization also estimates that human trafficking for forced labor is about $ 150 billion industry globally (Shelley 100). Human Trafficking and Smuggling Human trafficking is very distinct from smuggling as noted by William Wilberforce. According to him, human trafficking is the act of inducing an individual through coercion, fraud or force into forced labor or commercial sex. He adds that it can also be taken as inducing individuals below 18 years into providing forced labor services by being subjected to fraud, coercion or violence (Shelley 117). This kind of subjection is an involuntary servitude. Smuggling, on the other hand, can be a situation in which immigrants illegally finds their way into the US borders without being under coercion, fraud or force of any form. This act is on the will of the individual, therefore if the immigrant is subjected to difficult or horrific situations that an individual is not considered to be trafficked but smuggled (Gallagher 25). US agencies of the federal executive branch that are involved in the Human Trafficking Some of the US agencies that are actively involved in fighting human trafficking include The National Human Trafficking Resource Center (NHTRC). This is not an immigration authority neither a law enforcement authority, but it’s operated by nongovernmental organizations to provide quick response to the victims of human trafficking. Another agency is the Federal Bureau of Investigation (FBI) that investigates, prosecutes the victims’ perpetrators and creates public awareness and advising the public of their human rights. They also ensure that they get help as soon as they are affected both for the short-term and long-term. The U.S department of Health and Human Services helps in the certification of the victims of the human trafficking once they have been identified so as to help them receive the federal benefits (Gallagher 25). They also create public awareness through the initiative of Rescue and Restore Victims of Human Trafficking. The department of Labor (DOL) Employment and Training Administration provides equal job opportunities and training services to avoid labor exploitation through low payments and they also investigates the labor complaints concerning the pay and this helps detect instances of trafficking. Congressional legislation on Human Trafficking Trafficking and Slavery Act of 2014 This Bill was formulated by Carolyn B. Maloney and it provided a requirement for companies with over $ 100 million dollars in their global gross receipts to disclose to the public their measures that they aim to use in preventing and combating human trafficking, slavery and any form of child abuse and slavery in their supply chains. This they should put in the annual reports hen presenting to the Securities and Exchange Commission (Congressional website) How are violators punished? The Human Trafficking Penalties Initiative Statute prepared by the Attorney General illustrates the sentence of human trafficking from 15 years to life imprisonment and a fine of up to $ 1, 500, 000. I other provision, an individual who get involved in the sex trafficking of a minor without force gets imprisonment of 12 years while that who violates an adult with force gets a term of 20 years (Shelley 136). List some of the states and local agencies role in combating these crimes Some agencies roles include investigation of the crime, providing protection to the victims, offer assistance of food and shelter to the victims. The agencies create awareness to the public on human rights and acts that violate the rights. They also ensure that justice is restored to the victims (Shelley 138). Do other countries collaborate with the US on this issue? Since Human Trafficking has become a global menace and a form of modern slavery, many countries that are affected by it have formulated ways of combating the vice. In China, the Chinese government has initiated a National Plan of Action on Combating Trafficking in Women and Children (2008-2012) (Gallagher 26). This is because the country has become a destination for human traffickers. Thailand is also a destination center for the human traffickers and therefore the Thai government has also enacted legislation that combat human trafficking. Other countries are Sri Lanka, Malaysia, and Bahrain. Explain Federal Immigration Laws and policy on this issue Federal Immigration is concerned with protecting the victims of human trafficking and they have laws such as Continued Presence (CP) that gives the victims of the vice temporary relief of stay in the United States during the investigation and persecution of the perpetrators. This gives the victims the freedom of assessing the assistance for the state (Shelley 137). Another policy is the use of T Visa and U Visa that provides protection to the immigrant that has fallen victims of serious forms of trafficking. This also assists the federal and the state in enforcing laws during the investigation and prosecution of the violators of the human right (McGough 102). A list of NGOs and Non for profit agencies that work to eliminate human trafficking Some of the Non – Government Organizations that help in the fight of Human Trafficking in the United States include (McGough 102; Shelley 149; Gallagher 25) The Arizona League to End Regional Trafficking (ALERT) in Arizona ACTION Network, San Diego Youth & Community Services (SDYCS), Asian Pacific Islander Legal Outreach that includes the Asian Anti-Trafficking Collaborative (AATC) Bilateral Safety Corridor Coalition (BSCC) Coalition to Abolish Slavery and Trafficking (CAST) In Florida, we have; The Clean Area Task Force and Human Trafficking, The Florida Freedom Partnership (FFP), The Florida Coalition Against Human Trafficking, Human Trafficking Awareness Partnerships, Inc In Cambodia, the Non-Governmental Organizations are; (Gallagher 17, McGough pp. 110) The Child Rights Foundation (CRF) The Cambodian Center for the Protection of Children’s Rights (CCPCR) The Cambodian Defenders Project (CDP) The Cambodian Human Rights and Development Association (ADHOC) The Cambodian National Project Against Trafficking in Women and Children Analysis Criminal Laws broken under Human Trafficking The United States congress enacted legislation at of “Trafficking Victims Protection Act” that ensured proper prosecution of the violators. This criminalized the act of forcefully abducting a minor for commercial sex or forced labor using any form of psychological manipulation. In the 2007, New York passed an anti-trafficking law that criminalized two main forms of human trafficking. These are sex trafficking and labor trafficking that uses force or fraud to subject an individual to forced labor or sex (McGough 115). Engaging in this act is the term as the violation of The Trafficking Victims Protection and Justice Act (TVPJA). Other criminal offenses include the violation of the Victims of Trafficking and Violence Protection Act of 2000, William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 Constitution provision on the guidance to address Human Trafficking The constitution clearly provides provision for the Human Trafficking epidemic. In the 2014 Florida Statutes, Chapter 787 under Crimes, the statute highlights vividly the form of human trafficking and the individuals’ rights violated under the vice when immigrants are subjected to forced slavery and commercial sex (McGough 117). The constitution also provides the forms of punishments for the perpetrators and remedies for the victims. The US constitution has also undergone various amendments to enforce stiffer penalties on the violators with the main in the 13th Amendment that forbids slavery and involuntary servitude. Does Morality play a role in how we view Human Trafficking (Judao-Christian society) Morality plays a role in the perception of individuals on human trafficking (Congressional website). The society and religious communities view it as an act of humanity that violates the God’s creation and respect for human life. Engaging in the acts of trafficking shows self-centeredness where individuals do not care about another’s rights but only their personal gains and benefits (Shelley 87). If people are morally upright and respect human rights, there will be minimal human trafficking cases. Mesquita of Vatican noted that human trafficking undermines our rule of law and causes instability as it also tears families and communities apart. This shows a lack of morality. In your opinion, do you feel enough is being done on an international, federal, and state level? Efforts have been made in combating human trafficking and its effects through the enacted of various Bills, formation of Non-Governmental Organizations that spearheads protection of the immigrants who are exposed to human trafficking. Enactment of stiffer laws that ensures that the perpetrators and prosecuted and justice is restored to the victims has helped in the reduction of human Trafficking cases globally (Shelley 88). The unity of various countries that are affected by the epidemic has also helped to combat the vice. However, in the enforcement of the border laws little have been done since most of the border officers get involved in the black business thereby encouraging the practice. What impact if any does Human Trafficking has on our society as a whole? Mesquita of Vatican noted that human trafficking undermines our rule of law and causes instability as it also tears families and communities apart. Human trafficking also brings instability in the society and the country as a whole as it interferes with economic status of the states through destabilizing of the demand and supply in the market. It also stimulates acts of corruption and ill will among individuals (Shelley 161). Would you propose additional legislation and changes to our state model penal code? (NYS) I would propose an inclusion of an Act that ensures protective measures on the citizens such as before any individual is lured by false promises by the perpetrators, they must provide valid documents from the immigration offices that permits them to transact business. This can be through public awareness on the valid immigration documents. The state model penal should provide stiffer penalties that threaten the violators (Gallagher 28). Work Cited Congressional digest on human trafficking website.10. Dec.2014 https://www.google.com/search?q=CONGRESSIONAL+DIGEST+ON+HUMAN+TRAFFICKING+&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a&channel=sb Gallagher, Anne. The International Law of Human Trafficking. (Cambridge: Cambridge University Press. 2010). Print. McGough, Maureen. “Ending Modern – Day Slavery: Using Research to Inform U. S. Anti- Human Trafficking Efforts.” (National Institute of Justice Journal. 27. Feb. 2013). Web.10. Dec. 2014. http://www.nij.gov/journals/271/pages/anti-human-trafficking.aspx Shelley, Louise. Human Trafficking: A Global Perspective. (Cambridge: Cambridge University Press. 2010). Print. Theresa Fisher. “Humans Not For Sale: Federal and State Trafficking Legislation.” (The United States Department of Justice Journal. 23. Jan. 2014). Web. 10. Dec. 2014 http://jjie.org/humans-not-for-sale-federal-and-state-trafficking-legislation/ Read More