Human Trafficking - Research Paper Example

Human trafficking Introduction Human trafficking is a modern-day form of slavery where the victims are ed to force, fraud or coercion for the purpose of sexual exploitation or forced labor (Cullen-DuPont, 2009). The main victims of human trafficking include young children, men, women and young teenagers. Human trafficking has been rated as the second largest criminal activity after drug trafficking industry. Many of the victims of human trafficking are exploited for the purposes of commercial sex including stripping, pornography, prostitution and live-sex shows (Cullen-DuPont 9). Human trafficking also involves labor exploitation such as migrant agricultural work, forced labor and domestic servitude. Human trafficking involves the use of force which is conducted through rape, beating, and confinement of the victims. Violence is mainly used during the early stage in order to prevent the victim resistance (Cullen-DuPont 15). Human trafficking also involve fraud where the victims reply to advertisements promising jobs in other countries as maids and dancers but the victims are subjected to prostitution on arrival to those countries (Cullen-DuPont, 2009). Human trafficking will also involve coercion where the victim is threatened with physical harm and injury for failure to comply (Cullen-DuPont 31). Victims are subjected to debt bondage where they are required to pay their initial transportation fees since their travelling documents are confiscated which makes it difficult for the victim to seek legal advice or escape. In some instances, fines are imposed for failure to meet the daily quota of service which further increases the debt. Language barrier, social and other physical barriers makes it difficult for the victims to seek assistance. Human trafficking should not be confused with migrant smuggling since in the latter the victim may give his consent. Smuggling is usually a breach of territorial borders integrity and may not be transnational (Cullen-DuPont 49). Types of human trafficking The main forms of human trafficking are sex trafficking and labor trafficking. Sex trafficking include recruitment, transportation, harboring, provision and obtaining persons for the purpose of commercial sex act. The commercial sex act is performed through force, fraud or coercion or where the victim is forced to perform the act is under the age of 18 years. Labor trafficking is another form of human trafficking which involves recruitment, harboring, transportation, provision or obtaining of person for labor or services through the use of coercion, fraud or force for the purpose of involuntary servitude, slavery, debt bondage or peonage. There are two main types of human trafficking which are recognized by the Trafficking victims’ protection act of 2000 (TVPA) (Cullen-DuPont 67). Victims of human trafficking and potential victims worldwide The victims of human trafficking include men, women, children and young teenagers. Most of the victims are women and children who are trafficked across national borders. The amount of victims is 600,000 to 800,000 people who are mainly women and children. It is estimated that between 14,500 and 17,500 of those victims are trafficked in to the U.S. Generally victims trafficked in to the U.S come from Asia, Central and South America and Eastern Europe hence do not understand English which makes it difficult for them to seek help. However, the statistics of millions who are trafficked within their national borders are not available (Cullen-DuPont 72). The offenders of human trafficking From 2001 to 2005, 555 cases were referred to US attorneys. Involuntary servitude accounted for 63 cases, sale in to involuntary servitude accounted for 155 cases, transportation of the servitude accounted for 16 cases forced labor accounted for 134 cases. Sex trafficking of children accounted for 129 cases while trafficking of slaves accounted for 49 cases. Most of the cases were in four Federal judicial courts of Florida, Texas, California and New York. Majority of the cases were dropped due to lack of criminal intent, insufficient evidence and due to the ongoing prosecution of the same cases in other Federal Courts (Cullen-DuPont 104). Amendments of U.S constitution that abolished slavery The Thirteenth Amendment of the U.S constitution abolished slavery by giving all the people right to be free from slavery or involuntary servitude in the United States except as punishment for a crime (Cullen-DuPont, 2009). It was passed on April 8th 1864 by the Senate and January 31, 1865 by the House of Representatives, it was adopted on December 6th 1865. The amendment defined involuntary servitude as one which the servant was threatened or received actual physical force, endured State-imposed legal coercion or where the consent of the servant was obtained through fraud where the servant was a minor, immigrant or mentally incompetent. The Trafficking victim’s protection act of 2000 expanded the physical coercion requirement to include also psychological coercion. Forced labor has been defined as where the servant experiences blackmail, physical threats, threat of the abuse of the legal process or their immigration documents are destroyed, concealed and confiscated (Cullen-DuPont 134). Conflict theory and human trafficking The conflict theories can be used to explain the human trafficking problem in the world. According to conflict theories, there is short supply of material resources in some parts of the world. Power and prestige within the society is not evenly distributed. All good things including good education, medical care and freedom are in short supply hence a competition for those resources will create a conflict in the society (Cullen-DuPont 52). Crime and deviance is a result of the economic, social and cultural power struggles. According to Marxist theory, economic inequalities create conflict in the society. Economic interests dominate other spheres like the culture, religion, politics, education and criminal justice system. Human trafficking offenders commit crime for economic gains since the victims are forced to work with not pay (Cullen-DuPont 187). Guest work Visa In 2007, President Bush called for the creation of Guest Visa program where a legal and order mechanism could be created for the foreign workers to enter the US and work on temporary basis. Under the prevailing program (H-2 program), employers brought about 121,000 guest workers in the US where in 2005 32,000 were in the agricultural industry while 89,000 were in the forestry, seafood processing, landscaping, construction and other non-agricultural industries. The program went wrong since the guest workers were abused and exploited and did not enjoy the fundamental protection of the competitive labor market like the other citizens. The guest workers were bound by their initial job hence could not change to a new job even if one was mistreated. Guest workers who complained faced severe disciplinary measures which included blacklisting and deportation (Cullen-DuPont 209). The Federal Law and Department of Labor regulations provided for the basic protection of the guest workers but the government was reluctant to enforce the rights hence the guest worker was bound to a single employer and had no access to legal aid. Guest workers are forced to obtain low wages and surrender their documents which are seized by the employer. Guest workers are denied medical benefits for the on-job injuries and are cheated out of wages (Cullen-DuPont 214). The guest workers live in bad living conditions. The US should provide more funding to the anti-trafficking legislations and increase the efforts in combating sex tourism, rescuing the victims of slavery and training the immigration officials on early detection of trafficked victims. The U.S should work with the public in sharing information on incidents of human trafficking by increasing the awareness of the dangers of human trafficking (Cullen-DuPont 225). The U.S should also increase the rehabilitation facilities for the victims and provide a voluntary repatriation scheme for the victims of human trafficking. The Trafficking victim’s protection Act of 2000 provides the tools for combating human trafficking domestically and abroad hence the U.S should fully implement it by collaborating with other countries in eliminating the trafficking (Cullen-DuPont 300). Conclusion The government should implement a voluntary repatriation scheme were victims of human trafficking can be taken back to their countries after rehabilitation. The government should also increase surveillance at the border entry points by training more law enforcement officers on the tactics which are employed by offenders in gaining illegal entry of the victims to the country. Since many people become victims after responding to job advertisements, the government should cooperate with the foreign countries in ascertaining the authenticity of the job offerings. Works cited: Cullen-DuPont, K. Human trafficking. New York. Cengage Learning. 2009. Read More