Trafficking in Persons

Last week I participated in a discussion on human trafficking as a security issue; then the world celebrated International Women’s Day. Currently, there are approximately 40 million people enslaved worldwide, and of that number, the UNODC estimates 71% are women and girls. If someone questions why we need International Women’s Day to bring awareness to the plight of women, this alarming figure should answer that.

Modern slavery, also known as human trafficking or trafficking in persons — which can include labor, sex, forced marriages, and organs, depending on frameworks — is one of the top three illicit enterprises globally, along with arms and drugs. We must address this issue and prevent it from entangled by geopolitics, partisan gridlock, or reprioritization This complex human rights issue and crime against humanity will continue flourishing unless we take steps to change it. It affects everyone.

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Recommendations:

• Enhance/clarify conventions, frameworks, policies, and laws at the international, federal, state and local levels.

• Address nexus of trafficking in persons with other issues such as migration and displaced persons, cyber, and terrorism.

• Develop to a clear set of terminology and definitions that are universally agreed to. (Note: Although accurate figures with illicit activities are challenging to pinpoint, discrepancies with what is and isn’t trafficking in persons, creates an even larger range in the number of enslaved people worldwide.)

• Create and/or improve partnerships, particularly with public and private sectors and civil society at all levels, including using technology for greater good while respecting privacy, utilizing diplomatic tools, enhancing interagency and international work, and creating opportunities for workers.

• Define clear objectives, sub-goals, and priorities; align operational measures to meet strategic priorities at all levels.

• Objectively analyze efforts, trends, and figures around the world.

• Hold nations/states, groups, and people accountable, which should include making use of existing tools - e.g., prosecution, sanctions, travel bans, asset freezing.

• Recognize the geopolitics, socioeconomics, and power issues. 

• Get at root causes and drivers.

• Clean up supply chains.

• Increase efforts towards gender equality and diversity in public and private sector as well as civil society.

• Ensure the safety, education, and protection of our children.

• Assist vulnerable and at-risk populations, including displaced individuals, refugees, and impoverished communities.

• Incentivize private sector to contribute to combatting human trafficking.

• Increase training on this multifaceted issue, including nuances and misconceptions.

• Rescue, protect, and rehabilitate victims; provide funding and assistance for those doing this work.

• Revise current legislation and eliminate obstacles hindering the accurate identification and rescue of victims, including considering the decriminalization of sex work.

•. Facilitate more mainstream conversations and discussions; create more literature, shows, documentaries, and films that showcase this issue factually, which generally does not resemble a blockbuster movie.

— Founder, NELLUM & CO GLOBAL

(Originally published March 9, 2020; edited on March 11, 2020)

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INSTRUMENTS IN COMBATING TRAFFICKING IN PERSONS:

I. INTERNATIONAL -

UN Protocol to Prevent, Suppress & Punish Trafficking in Persons (“Palermo Protocol”) supplementing the United Nations Convention against Transnational Organized Crime is one of the most important documents in combating human trafficking. The Palermo Protocol was adopted by UN General Assembly resolution 55/25, and entered into force on 25 December 2003. It is the first global legally binding instrument with an agreed definition on trafficking in persons.

• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

  (New York, 15 November 2000)

Other international documents (click here for ratification, accession, or acceptance chart):

• ILO Convention 182, Elimination of Worst Forms of Child Labour

• Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

• Optional Protocol to the Convention on the Rights of the Child in Armed Conflict

• ILO Convention 29, Forced Labour

• ILO Convention 105, Abolition of Forced Labour

• ILO Convention 189, Domestic Workers, 2011

II. UNITED STATES -

The Trafficking Victims Protection Act of 2000 (“TVPA”), as amended, provides the tools to combat trafficking in persons both worldwide and domestically. 

• Trafficking Victims Protection Reauthorization Act 0f 2017 (January 9, 2019)

• Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 (January 8, 2019)

• Abolish Human Trafficking Act of 2017 (December 21, 2018)

• Trafficking Victims Protection Act of 2017 (December 21, 2018)

• Survivors of Human Trafficking Empowerment Act (Section 115 of the Justice for Victims of Trafficking Act of 2015) (May 29, 2015)

• Trafficking Victims Protection Reauthorization Act of 2013 (Title XII of the Violence Against Women Reauthorization Act of 2013) (March 7, 2013)

• William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (December 23, 2008)

• Trafficking Victims Protection Reauthorization Act of 2005 (January 10, 2006)

• Trafficking Victims Protection Reauthorization Act of 2003 (December 19, 2003)

• U.S. Leadership on HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (May 27, 2003)

• Prosecutorial Remedies and Other Tools To End the Exploitation of Children Today Act of 2003 (PROTECT Act) (April 30, 2003)

• Victims of Trafficking and Violence Protection Act of 2000 (October 28, 2000)