Policy Memo Human Trafficking 2
POLICY MEMORANDUM
Author: Harah Sun
To: Office to Monitor & Combat Trafficking in Persons of the State Department led by Ambassador
Mark P. Lagon
Date: 10-26-08
Re: Address the Supply and Demand of Human Trafficking
This policy memo makes a recommendation to the Office to Monitor & Combat Trafficking in Persons (OMCTP) of the State Department to address the supply and demand of human trafficking in the United States. This recommendation seeks to better identify and protect the victims of human trafficking as well as to prevent future human trafficking in the United States.
Background
Ambassador Lagon: As you know, human trafficking is a monstrous crime that destroys the dignity of all human beings. It is the second largest and fastest growing criminal industry in the world. Victims are trafficked for variety of purposes, such as commercial sex and forced labor, while the traffickers make billions of dollars as they dehumanize the victims with their loathsome “business.” Many people assume that victims of human trafficking are all from a poor, foreign country; however, there is neither one specific pattern of human trafficking nor a consistent face of a trafficking victim. Trafficked persons can be rich or poor, men or women, adults or children, and foreign nationals or U.S. citizens.
According to the 2005 Trafficking in Persons Report, 600,000 to 800,000 people are trafficked across international borders each year. As of May 2004, the Department of Justice estimates 14,500 to 17,500 people trafficked into the United States each year. Moreover, Free the Slaves reports that there are human trafficking cases reported in all fifty states, specifically in ninety-one cities. Compared to previous years, the number of victims trafficked into the country has decreased; there were about 50,000 people in 1998 and 20,000 in 2003. However, 14,500 to 17,500 people is still a high number, and experts all agree that human trafficking is a growing pandemic—it is unlikely to diminish in intensity any time soon. The present administration, including your office, as well as various NGOs, and other actors have been playing an active role in decreasing and combating human trafficking. However, there needs to be an increase in efforts to address the reasons why this “modern slavery” thrives in our world today.
Analysis
Human trafficking problem dwells in this society because there is a lack of effort to address the root causes of the problem. The OMCTP should address the following two major areas:
Supply of Human Trafficking
Most human trafficking cases evolve from fraud. Lynette Parker, a J.D Law Professor at Santa Clara University, says that human trafficking all begins with fake promises—traffickers tell victims that they will receive education, they will have an opportunity to work, and/or they will find someone to marry. Corruption, on the other hand, is one of the major impediments to eradicate human trafficking. According to the Human Rights Watch World Report 2005, Cambodia’s government officials, police, and military not only “has failed to prosecute perpetrators of a December 2004 attack on a safe house operated by the NGO Afesip, in which more than eighty trafficking victims were abducted,” but also they continue to manage and earn profit from trafficking Cambodian women and children. United States has been a destination country of human trafficking. Therefore, if we ignore the problem of fraud and corruption of the origin countries, human trafficking will continue to exist. Alex Kobzanets, a Special Agent of the Federal Bureau of Investigation, believes that a way to prevent human trafficking is to address the human trafficking problems of other countries. Currently, through the tier ranking system under the Trafficking in Persons Report prepared annually by your office, we are able to know the efforts of foreign governments in combating human trafficking ; however, ranking the efforts is not sufficient. It is a dismal phenomenon that people, including the government, traffic their own people. Socioeconomic hardships may be one of the root causes why people decide to be involved in this modern slavery “business”; nonetheless, the OMCTP should take the supply factor of human trafficking seriously and be more aggressive in cutting the supply.
Demand of Human Trafficking
Addressing the supply side of human trafficking will become insignificant if the government does not address the demand side of the problem simultaneously. Sister Sheila Novak, the co-director of the Salvadorian Anti-Human Trafficking Project and the Coordinator of the Central California Coast Coalition of Human Trafficking, believes that internet plays a significant role in human trafficking. Because of internet, traffickers can easily sell victims and make large sums of money by auctioning them. What drives the traffickers to continue this inhumane “business” is the high demand in the marketplace, especially for child sex and/or child pornography. According to Hamish McCulloch, the assistant director of Interpol and the head of the agency’s human-trafficking sub-directorate, the demand for child pornography is “enormous.” In his interview with the Radio Free Europe/Radio Liberty, McCulloch said that one company in the United States made $5.5 million dollars in five months for selling access to child pornography sites at $29.95 each. Because of internet, people who have a sexual attraction to children can easily find and download child pornography—which is essentially child abuse—and eventually leads them to buy a child over the internet for their sexual gratification. To combat this type of crime, McCulloch emphasized the importance of coordination. Making arrests simultaneously is crucial because “when people are in contact via the Internet on a global basis, you can't go and arrest one person and seize his computer and then another, because as soon as you do, they'll electronically notify everybody else that 'the police are on to us and dispose of what you have.” In addition, McCulloch mentioned in his interview that their organization regularly holds meetings to discuss what is new and what is available. Interpol also has a special tool for helping police fight this type of crime called the INTERPOL Child Abuse Image Database. The OMCTP should encourage the state and local government to use this database actively in order to track down child traffickers and victims. Furthermore, as Lynette Parker suggests, the OMCTP should coordinate a forum where state and local government, law enforcers, immigration officers, and NGO representatives can discuss and exchange information on ways to combat human trafficking.
Status quo
According to Sergeant John Vanek, the Human Trafficking Task Force Program Manager of the San Jose Police Department, the number of prosecutions has decreased and the number of convictions has increased this year compared to last year, based on the Trafficking in Persons report. This information shows that the present administration has already been active in combating traffickers; therefore, it is a reasonable choice for your office to maintain status quo. Amy O’Neil Richard, who is your Senior Advisor, mentioned that ranking other countries’ efforts to combat human trafficking in the Trafficking in Persons (TIP) report has been an effective tool of diplomacy. Governments of foreign countries take the TIP report seriously and feel embarrassed when the U.S. ranks them in the Tier 3 category. The OMCTP staff currently travels and talks to foreign government officials about human trafficking. If the OMCTP increases its surveillance and its pressure towards Tier 2 and Tier 3 countries, the political tensions between these countries and the United States could increase, making it more difficult for your office to influence these countries. Moreover, increasing surveillance and pressure could affect the United States’ trade relations with these countries.
Policy Recommendations
1. The OMCTP should increase its surveillance over foreign countries, especially Tier 2 and Tier 3 countries, and pressure each of these countries to resolve its corruption problem and to increase its efforts in finding brothels. The OMCTP should also work with foreign countries in providing assistance in educating citizens who are particularly vulnerable to human trafficking, such as women and children.
2. The OMCTP should encourage the state and local government to use the INTERPOL Child Abuse Image Database actively in order to track down child traffickers and victims.
3. The OMCTP should coordinate a bi-annual forum where state and local government, law enforcers, immigration officers, and NGO representatives can discuss and exchange information on ways to combat human trafficking.
4. The OMCTP, in collaboration with the Congress and the Department of Justice, must ensure that all traffickers are held accountable for their crimes. Moreover, the OMCTP should make it known to the public of the serious penalties of getting involved in human trafficking crime.
Sunday, November 16, 2008
POLICY MEMORANDUM 1: Training, outreach, and victim protection
Individual Policy Memo Human Trafficking
POLICY MEMORANDUM
Author: Harah Sun
To: Office to Monitor & Combat Trafficking in Persons of the State Department led by Ambassador
Mark P. Lagon
Date: 10-27-08
Subject: Mandate training and enhance outreach and victim protection programs
This policy memo makes a recommendation to the Office to Monitor & Combat Trafficking in Persons (OMCTP) of the State Department to mandate training in the state level, and to enhance its outreach and victim protection programs. This recommendation seeks to better identify and protect the victims of human trafficking, to increase awareness in local government and communities, and to prevent future human trafficking in the United States.
Background
Ambassador Lagon: As you know, human trafficking is a monstrous crime that destroys the dignity of all human beings. It is the second largest and fastest growing criminal industry in the world. Victims are trafficked for variety of purposes, such as commercial sex and forced labor, while the traffickers make billions of dollars as they dehumanize the victims with their loathsome “business.” Many people assume that all victims of human trafficking are from a poor, foreign country; however, there is neither one specific pattern of human trafficking nor a consistent face of a trafficking victim. Trafficked persons can be rich or poor, men or women, adults or children, and foreign nationals or U.S. citizens.
According to the 2005 Trafficking in Persons Report, 600,000 to 800,000 people are trafficked across international borders each year. As of May 2004, the Department of Justice estimates 14,500 to 17,500 people trafficked into the United States each year. Moreover, Free the Slaves reports that there are human trafficking cases reported in all fifty states, specifically in ninety-one cities. Compared to previous years, the number of victims trafficked into the country has decreased; there were about 50,000 people in 1998 and 20,000 in 2003. However, 14,500 to 17,500 people is still a high number, and experts all agree that human trafficking is a growing pandemic—it is unlikely to diminish in intensity any time soon.
The present administration, specifically your office, as well as various NGOs and other actors have been playing an active role in decreasing and combating human trafficking. However, each of these actors faces challenges and limitations in order to protect the victims effectively and to prevent future crimes of trafficking.
Analysis
Human trafficking problem dwells in this society because there is a lack of support and ability to end the problem. The OMCTP should address the following three major areas:
Training
Training is one of the key elements to combat human trafficking. According to Sister Sheila Novak, the co-director of the Salvadorian Anti-Human Trafficking Project and the Coordinator of the Central California Coast Coalition of Human Trafficking, human trafficking cases are usually found through police discovery or through social worker referrals. Since the law enforcers and social workers play an important role in identifying victims and traffickers, they ought to have an appropriate training in order for them to be more effective in discovering and assisting human trafficking cases.
“Human trafficking is a new issue,” says Sergeant John Vanek, the Human Trafficking Task Force Program Manager of the San Jose Police Department. In the United States, the level of training is from sophisticated to none. Not all states have a training program and not all states have required its local law enforcers to receive training. In California, the state requires a mandatory local level training; however, the law does not say how soon the law enforcers must receive their training. The challenge that Sergeant Vanek faces in his work is to get the “right” people on board; there needs to be more officers who are knowledgeable and able to identify human trafficking cases. Exposure of human trafficking and measures how to combat it may be “new”; however, this issue will always remain “new” and the learning process about this issue will be very slow if the OMCTP does not mandate a standard training in each state given at a specific time.
Another reason why training is very important is that there are many cases where victims do not realize that they are victims. According to Sister Sheila Novak, social workers and other immigration staff should coordinate its efforts with the law enforcement officers to identify and assist the victims. She added that it is important for law enforcers, border patrols, and immigration jail officers to be aware of the small signs and be very sensitive while asking the appropriate questions since victims are very vulnerable. Moreover, through training, social workers, who help the victims, will be able to determine whether the victims need special medical attention—both mental and physical health. Finally, social workers who are able to speak the mother tongue of the victim will be very beneficial in order for the victim to feel less intimidated and be more open to communicate about the journey and the traffickers.
In the 2007 Attorney General’s Annual Report to Congress and Assessment of the U.S. Government Activities to Combat Trafficking in Persons, the Department of Justice recommends to “ensure that law enforcement agents and service grantees, subcontractors, and partners collaborate expeditiously to identify victims, provide care, and secure immigration relief.” The very first step of combating human trafficking is to identify victims, but this task will always remain a challenge without having trained officers or social workers in the field.
Awareness
Combating human trafficking is not only the responsibility of law enforcers but it is everyone’s responsibility. Children and women victims are more vulnerable and are less likely to know what to do than men victims. Therefore, it is crucial that communities expand their knowledge and be able to identify the crimes of human trafficking. Through increasing awareness in local communities, including schools and hospitals, more people will be more willing to report the crime and will be able to guide the victims to receive the resources and help that they need. Moreover, as the Department of Justice recommends, expanding media campaigns of human trafficking will reach many people, including victims. According to Lynette Parker, a J.D Law Professor at Santa Clara University, the more people who are aware of this issue, there is a higher chance we can find and identify victims sooner. To increase awareness and be successful in combating human trafficking, Parker believes that actors who are involved in the process should occasionally meet and discuss the challenges and responsibilities each actors have.
Protection of Victims
It is crucial for the OMCTP to protect the victims of human trafficking with its full potential in order for the victims to break free from the control of their traffickers. Moreover, by protecting the victims, they will not fall back into the hands of traffickers. According to the California Alliance to Combat Trafficking and Slavery Task Force, due to victims’ fear of retaliation and their difficulties of undertaking the application process, the actual numbers of victims is “undoubtedly much higher.” Therefore, it is important for the OMCTP to intensify its capacity to provide victim and witness protection. The first step to protect victims, however, is to make sure that the victims are aware of their rights, federal and state benefits, free or low-cost services, and their access to translation/interpretation. Second, victims of human trafficking are vulnerable; thus, safety is a necessity. The OMCTP should strengthen its public housing programs and subsidize “safe house” programs provided by various NGOs.
Providing a shelter is only one of the necessary supports that the victims need in order for them to be able to stand up on their own feet and sustain their lives without fear of reprisal from their traffickers. The OMCTP should make sure to provide health screenings and give them medical and psychological assistance when needed.
In addition to health attention, the OMCTP should assist in providing legal assistance to the victims, ensuring their stay in the U.S. as they obtain a T-visa. According to Lynette Parker, the application of a T-visa costs $545 U.S. dollars. The Department of Justice recommends to Congress to “create a pathway to citizenship for qualified T-visa holders through publication of regulation for the adjustment of status for T-visa holders.” Before creating a pathway to citizenship, the OMCTP must first create a pathway to obtain a T-visa. The OMCTP must work with the Congress to waive the cost of T-visa application, because victims cannot afford to pay that much money—traffickers treated many of the victims as slaves and many of these victims are heavily in debt. To protect the victims, the OMCTP should ensure that immigration policies would not add to their anxiety and their “indebtedness.” Finally, as indicated by Wendy Pattern, the U.S. Advocacy Director of Human Rights Watch, the OMCTP must ensure that the assistance provided for children below 18 are different from adults—that the shelter and education that the children receive would be helpful for their recovery and reintegration.
Status Quo
Amy O’Neil Richard, who is your Senior Advisor, mentioned that if the OMCTP were to maintain the status quo and not develop a standard training module, the state and local government agencies would have more authority and flexibility in tailoring their own training manual according to their particular dynamic. However, she acknowledged that a national training module would be helpful in many ways as long as the state and local government agencies use it as an example and tailor it accordingly. Moreover, since the present administration is already spending almost $30 million dollars fighting human trafficking, spending extra costs such as subsidizing “safe house” programs and waiving the T-visa fee could affect the current funding for programs such as public awareness.
Policy Recommendations
1. The OMCTP should develop a standard, intensified human trafficking training module that can be implemented to state and local law enforcers, victim-witness personnel, and prosecutors. The OMCTP should mandate this training with specific deadlines to receive the training. However, the training module should only be used as an example, and states and local agencies are allowed to tailor the training to be more efficient and effective. Furthermore, the OMCTP should increase its cooperation with law enforcers, victim-witness personnel, and prosecutors to enhance accountability and to ensure that all trainings are provided in a timely manner.
2. The OMCTP should encourage the state and local government agencies to provide further assistance and training for social workers, who work with victims, specifically with children victims who are more likely to be intimidated by adults.
3. The OMCTP should enhance its outreach programs to state and local police, prosecutors, all service providers in the community, as well as schools and hospitals, to educate what human trafficking is and inform them of ways to help combat human trafficking. The OMCTP should also encourage the state and local government agencies to meet, discuss, and collaborate on how to increase awareness in the community more effectively.
4. The OMCTP should protect the victims of trafficking to its full potential by the following methods:
(a) Ensure that victims are aware of their rights, federal and state benefits, free or low-cost services, and their access to translation/interpretation.
(b) Strengthen its public housing programs and subsidize “safe house” programs provided by various NGOs.
(c) Provide health screenings and give them medical and psychological assistance when needed.
(d) Provide legal assistance to the victims and waive the T-visa application fee.
(e) Ensure that children under 18 have a separate shelter from adults and an education that would help them in their recovery and reintegration process.
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POLICY MEMORANDUM
Author: Harah Sun
To: Office to Monitor & Combat Trafficking in Persons of the State Department led by Ambassador
Mark P. Lagon
Date: 10-27-08
Subject: Mandate training and enhance outreach and victim protection programs
This policy memo makes a recommendation to the Office to Monitor & Combat Trafficking in Persons (OMCTP) of the State Department to mandate training in the state level, and to enhance its outreach and victim protection programs. This recommendation seeks to better identify and protect the victims of human trafficking, to increase awareness in local government and communities, and to prevent future human trafficking in the United States.
Background
Ambassador Lagon: As you know, human trafficking is a monstrous crime that destroys the dignity of all human beings. It is the second largest and fastest growing criminal industry in the world. Victims are trafficked for variety of purposes, such as commercial sex and forced labor, while the traffickers make billions of dollars as they dehumanize the victims with their loathsome “business.” Many people assume that all victims of human trafficking are from a poor, foreign country; however, there is neither one specific pattern of human trafficking nor a consistent face of a trafficking victim. Trafficked persons can be rich or poor, men or women, adults or children, and foreign nationals or U.S. citizens.
According to the 2005 Trafficking in Persons Report, 600,000 to 800,000 people are trafficked across international borders each year. As of May 2004, the Department of Justice estimates 14,500 to 17,500 people trafficked into the United States each year. Moreover, Free the Slaves reports that there are human trafficking cases reported in all fifty states, specifically in ninety-one cities. Compared to previous years, the number of victims trafficked into the country has decreased; there were about 50,000 people in 1998 and 20,000 in 2003. However, 14,500 to 17,500 people is still a high number, and experts all agree that human trafficking is a growing pandemic—it is unlikely to diminish in intensity any time soon.
The present administration, specifically your office, as well as various NGOs and other actors have been playing an active role in decreasing and combating human trafficking. However, each of these actors faces challenges and limitations in order to protect the victims effectively and to prevent future crimes of trafficking.
Analysis
Human trafficking problem dwells in this society because there is a lack of support and ability to end the problem. The OMCTP should address the following three major areas:
Training
Training is one of the key elements to combat human trafficking. According to Sister Sheila Novak, the co-director of the Salvadorian Anti-Human Trafficking Project and the Coordinator of the Central California Coast Coalition of Human Trafficking, human trafficking cases are usually found through police discovery or through social worker referrals. Since the law enforcers and social workers play an important role in identifying victims and traffickers, they ought to have an appropriate training in order for them to be more effective in discovering and assisting human trafficking cases.
“Human trafficking is a new issue,” says Sergeant John Vanek, the Human Trafficking Task Force Program Manager of the San Jose Police Department. In the United States, the level of training is from sophisticated to none. Not all states have a training program and not all states have required its local law enforcers to receive training. In California, the state requires a mandatory local level training; however, the law does not say how soon the law enforcers must receive their training. The challenge that Sergeant Vanek faces in his work is to get the “right” people on board; there needs to be more officers who are knowledgeable and able to identify human trafficking cases. Exposure of human trafficking and measures how to combat it may be “new”; however, this issue will always remain “new” and the learning process about this issue will be very slow if the OMCTP does not mandate a standard training in each state given at a specific time.
Another reason why training is very important is that there are many cases where victims do not realize that they are victims. According to Sister Sheila Novak, social workers and other immigration staff should coordinate its efforts with the law enforcement officers to identify and assist the victims. She added that it is important for law enforcers, border patrols, and immigration jail officers to be aware of the small signs and be very sensitive while asking the appropriate questions since victims are very vulnerable. Moreover, through training, social workers, who help the victims, will be able to determine whether the victims need special medical attention—both mental and physical health. Finally, social workers who are able to speak the mother tongue of the victim will be very beneficial in order for the victim to feel less intimidated and be more open to communicate about the journey and the traffickers.
In the 2007 Attorney General’s Annual Report to Congress and Assessment of the U.S. Government Activities to Combat Trafficking in Persons, the Department of Justice recommends to “ensure that law enforcement agents and service grantees, subcontractors, and partners collaborate expeditiously to identify victims, provide care, and secure immigration relief.” The very first step of combating human trafficking is to identify victims, but this task will always remain a challenge without having trained officers or social workers in the field.
Awareness
Combating human trafficking is not only the responsibility of law enforcers but it is everyone’s responsibility. Children and women victims are more vulnerable and are less likely to know what to do than men victims. Therefore, it is crucial that communities expand their knowledge and be able to identify the crimes of human trafficking. Through increasing awareness in local communities, including schools and hospitals, more people will be more willing to report the crime and will be able to guide the victims to receive the resources and help that they need. Moreover, as the Department of Justice recommends, expanding media campaigns of human trafficking will reach many people, including victims. According to Lynette Parker, a J.D Law Professor at Santa Clara University, the more people who are aware of this issue, there is a higher chance we can find and identify victims sooner. To increase awareness and be successful in combating human trafficking, Parker believes that actors who are involved in the process should occasionally meet and discuss the challenges and responsibilities each actors have.
Protection of Victims
It is crucial for the OMCTP to protect the victims of human trafficking with its full potential in order for the victims to break free from the control of their traffickers. Moreover, by protecting the victims, they will not fall back into the hands of traffickers. According to the California Alliance to Combat Trafficking and Slavery Task Force, due to victims’ fear of retaliation and their difficulties of undertaking the application process, the actual numbers of victims is “undoubtedly much higher.” Therefore, it is important for the OMCTP to intensify its capacity to provide victim and witness protection. The first step to protect victims, however, is to make sure that the victims are aware of their rights, federal and state benefits, free or low-cost services, and their access to translation/interpretation
Providing a shelter is only one of the necessary supports that the victims need in order for them to be able to stand up on their own feet and sustain their lives without fear of reprisal from their traffickers. The OMCTP should make sure to provide health screenings and give them medical and psychological assistance when needed.
In addition to health attention, the OMCTP should assist in providing legal assistance to the victims, ensuring their stay in the U.S. as they obtain a T-visa. According to Lynette Parker, the application of a T-visa costs $545 U.S. dollars. The Department of Justice recommends to Congress to “create a pathway to citizenship for qualified T-visa holders through publication of regulation for the adjustment of status for T-visa holders.” Before creating a pathway to citizenship, the OMCTP must first create a pathway to obtain a T-visa. The OMCTP must work with the Congress to waive the cost of T-visa application, because victims cannot afford to pay that much money—traffickers treated many of the victims as slaves and many of these victims are heavily in debt. To protect the victims, the OMCTP should ensure that immigration policies would not add to their anxiety and their “indebtedness.” Finally, as indicated by Wendy Pattern, the U.S. Advocacy Director of Human Rights Watch, the OMCTP must ensure that the assistance provided for children below 18 are different from adults—that the shelter and education that the children receive would be helpful for their recovery and reintegration.
Status Quo
Amy O’Neil Richard, who is your Senior Advisor, mentioned that if the OMCTP were to maintain the status quo and not develop a standard training module, the state and local government agencies would have more authority and flexibility in tailoring their own training manual according to their particular dynamic. However, she acknowledged that a national training module would be helpful in many ways as long as the state and local government agencies use it as an example and tailor it accordingly. Moreover, since the present administration is already spending almost $30 million dollars fighting human trafficking, spending extra costs such as subsidizing “safe house” programs and waiving the T-visa fee could affect the current funding for programs such as public awareness.
Policy Recommendations
1. The OMCTP should develop a standard, intensified human trafficking training module that can be implemented to state and local law enforcers, victim-witness personnel, and prosecutors. The OMCTP should mandate this training with specific deadlines to receive the training. However, the training module should only be used as an example, and states and local agencies are allowed to tailor the training to be more efficient and effective. Furthermore, the OMCTP should increase its cooperation with law enforcers, victim-witness personnel, and prosecutors to enhance accountability and to ensure that all trainings are provided in a timely manner.
2. The OMCTP should encourage the state and local government agencies to provide further assistance and training for social workers, who work with victims, specifically with children victims who are more likely to be intimidated by adults.
3. The OMCTP should enhance its outreach programs to state and local police, prosecutors, all service providers in the community, as well as schools and hospitals, to educate what human trafficking is and inform them of ways to help combat human trafficking. The OMCTP should also encourage the state and local government agencies to meet, discuss, and collaborate on how to increase awareness in the community more effectively.
4. The OMCTP should protect the victims of trafficking to its full potential by the following methods:
(a) Ensure that victims are aware of their rights, federal and state benefits, free or low-cost services, and their access to translation/interpretation
(b) Strengthen its public housing programs and subsidize “safe house” programs provided by various NGOs.
(c) Provide health screenings and give them medical and psychological assistance when needed.
(d) Provide legal assistance to the victims and waive the T-visa application fee.
(e) Ensure that children under 18 have a separate shelter from adults and an education that would help them in their recovery and reintegration process.
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