CCJS

Labor is the biggest, sex after (age as low as 12 for entry)

Smuggling (people) is consensual and requires border crossing. The illegality of the action/documents/etc. is known by all parties, and the commodity is the service. Since it is consensual, all parties involved are acting illegally. Smuggling can become trafficking, and makes people vulnerable to trafficking.

AMP
Action > What was done? Recruitment, transport, harboring, transfer, receipt?
Means > How was it done? By threat, coercion, fraud/deception, abduction, abuse of power, paying off someone close to the victim?
Purpose > Why was it done? Exploitation, incl: Prostitution, sex, forced labor, slavery, organs

4P Framework
Prevention > Raise awareness via campaigns, general/strategic intervention for public safety
Protection > Refer victims to services and catch them when exposed, provide them with aid and help them adjust to normal life again
Prosecution > Create stronger human trafficking laws and better investigation/more resources
Partnership > Working across borders and with different orgs to improve efforts

Gender: Women. less likely to have access to education and familial resources (biased towards the menoys), and may be relied upon to find work. Not paid as much > desperation. MORE LIKELY to experiences forced or child marriage, early marriage and maternal age
Forced movement, war, natural disaster experience
Abuse: Experiecned (physical, sexual, etc., domestic violence), or whitness (e.g. substances)
Smuggling: can turn to trafficking
Poverty and lack of education
Homelessness and runaway status, unstable housing
Identity: minorities, religious, racial, ethnic, sexual, etc.

- In it for profit, largely
- May have been traffickign victims themselves at one point and may still be. Likley to have a criminal history (risk factors for getting into trafficking often mirror trafficking victim profiles, poverty, lack of education, etc.)
- Abuse (experienced or proximity to) history akin to victims
- May operate alone or in groups, otherwise will network
- Mostly men, but women can participate, especially
Traffickers may be similar to their victims: shared background, language, experience, culture, gender
Traffickers often have regular work, although certain careers bias certain trafficking, e.g. medical knowledge for OTC trafficking

may or may not know clients, and may cultivate relationships to better contorl them. May take documents from victims, charge fees for job-seeking, lie about legality, etc. Higher-risk during seasons of high labor demand

Organized. Possibly by plane, but unlikely because of securiy and document scrutiny. More likely to answer questions for a victim, pay for tickets, evade other questions. Buses, trains, taxis are more common because of cash, lack of ID, etc.

Child trafficking victims that become involved themselves are likely to be used to target other kids, etc. Child trafficking is more likely to begin with family, and is more likely to involve boys

Prostitution > engaging in sexual activity in exchange for money
generally women, but not exclusively, and are a growing subset
Many of those in prostitution begin young, around 14-19 years old, average 17, younger people have been found in the US
The work must include force, fraud, and / or coercion to be trafficking, unless they are minors.
RISK FACTORS ARE THE SAME AS GENERAL TRAFFICKING. These factors may also drive people to pimping

Hoke v United States 1913 decreed that it was states’ responsibility to regulate it. Nevada allows for country-level regulation dictating a level of engagement, sex acts, and a fee in various forms are qualifying sex work

German > Legal and regulated like any other service profession. Can be individual or in a brothel. They must meet certain standards and are subject to inspection
Laissez-Faire > Legal but unregulated. Brothels are considered pimping and illegal
Swedish/Nordic > Prostitution is illegal, but purchasers are punished
Prohibitionist > Prostitution and brothels are illegal. Prostitutes and purchasers are both punished, but more likely the prostitute

Criminalization > Prostitution is illegal
Lower human trafficking risk because of penalties but it limits potential economic opportunities, higher risk of violence, exploitation, STD exposure, etc.

Abolition > The purchaser is punished, roughly Swedish
Gives women more choice in their jobs and punishes traffickers more, but restricts ability to screen clients and workers’ access to health/safety protection

Decriminalization > Legal and unregulated, there are no laws about prostitution but no protections
More access to bargaining, health and safety protection, access to the justice system, but potential relative increase in trafficking because of a lack of oversight

Legalization > Legal and regulated, state-enforced
The strength of the state behind all benefits and protections, legal requirements, etc. but it can subject workers to different stigma and penalties

Late 20th century:
Globalization > Ease an increased frequency of travel, more options, more markets available and more access to "goods"
Demand > For labor, for sex, for anything, and now things are more accessible than ever, especially with the internet
Fall of the soviet union
AIDs awareness > increasing desire for younger victims because of STI wariness

UN Convention Against Transnational Organized Crime ‘00, > main source of guidance on catching and prosecuting human trafficking. Signatories criminalize trafficking, design extradition processes, cooperate with law enforcement, promote training and awareness

UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children ‘03 > first global agreement on what human trafficking is. This is how we define/prove trafficking has occurred. UN helps signatories draft trafficking laws, anti-trafficking strategies, victim assistance

UN Protocol Against The Smuggling of Migrants by Land, Sea, or Air ‘04 > Recognizes the difference between trafficking/smuggling, the potential transition between the two

The Mann Act 1910 in the US criminalized the transport of women across state lines for prostitution > the Federal Gov’t regulates interstate transport and commerce. It has been amended (‘78, ‘86), criminalizing minors and then adults broadly for these purposes

The Tariff Act of 1930 prohibits the importation of goods made by force

The Trafficking Victims Protection Act 2000 (TVPA) provides the UN definition for human trafficking. It focuses on punishment (requirement for conviction, what is the punishment?), prevention (orders global human trafficking monitoring), and provision (legal and social benefits, e.g. visas)

By ‘71, to the exception of 10 counties in Nevada, prostitution was illegal. Hoke v United States 1913 decreed that it was states’ responsibility to regulate it. Nevada allows for country-level regulation

Mandates the Trafficking in Persons Office (State) that reports yearly on trafficking
Creates the President’s Inter-Agency Task Force to Monitor and Combat Trafficking in Persons (State, Justice, DoD, Transportation, Edu, OMB, Domestic Pol. etc.)

Tier 1 > ~18%, country meets the TVPAs standard. Remaining here requires consistent improvement and innovation
Tier 2 > ~57%, country does not meet standards but it is making an effort
Tier 2 Watchlist > ~17%, Tier 2 qualities and there is an estimated large or growing number of victims and/or there is no evidence of effort. Countries remain for at most 2 years before reevaluation
Tier 3 > ~11%, the country does not meet standards and is not making an effort. This restricts certain kinds of foreign assistance/interaction: nothing beyond humanitarian or trade aid BUT the president can override this
~1% of countries are unranked because of a lack of ability to govern: Haiti, Libya, Somalia, Yemen

influence of political ties, allyship, trade parners > buying or negotiating favor
The US ranks itself
No disclosure of ranking methods

taking documents, violence or threats of violence, blackmail (especially with pimping), religious or cultural stigma leverage, emotional manipulation (partner, parental figure, etc.), financial or material resource offers, etc.

financial, legal, etc. exploitation by adults. They are developmentally limited, and they are also less aware of laws and generally socially expected to defer to adults Unaccompanied minors traveling are at the greatest risk, and likely have limited communicative abilities

Recruiters > ID victims, often have a personal relationship with their victims for trust
Transporters > may or may not actually know they are moving people > bus drivers, train operators, etc. Buses and trains are more common because of same-day/cash purchases and less overall security
Exploiters > are always knowing and are often directly profiting from the exploitation
Managers > oversee the business itself
Supervisors > control victims’ movements directly, as well as any accommodations
End users > may or may not be aware of their participation.

Physical: chronic headaches, back pain, gynecological problems, dizzy spells
Mental: PTSD, depression, anxiety, etc.
Resource: Needing money, ID or other accurate documentation that may have been taken, needing support that is lacking at home

Street outreach > meet them physically where they are, discreetly
Focus on individual needs > what where they originally victimized for? Treat that. A kid from a well-off family will need less financial assistance, but possibly more therapy
Individualized and trauma-informed treatment
Holistic > Many victims need basically everything: housing, medical care, education, vocational training, etc. Organizations should try to provide as much as they can so victims are not moving between different systems for aid

Reduce demand through John schools, naming/shaming, punishment direclty of purchasers
Better technology developed for online tracing, IDing victims and traffickers, and getting tools in the hands of law enforcement

Trauma informed care > focusing on breaking down Stockholm syndrome, maximizing safety, training providers well. Emphasize agency and autonomy
Safe Harbor laws: child victims will not be prosecuted, and must be provided housing, health care, education access, etc.
Imrpove on vacatur laws! Those require a record to wipe, which means a conviction first

T-Visas: Allows a 4-year stay if they are a victim of sex or labor trafficking, must be in the US as a direct result of trafficking, cooperate with law enforcement, and demonstrate hardship if removed
U-Visas: Allows a 4-year stay if they are a victim of sex or labor trafficking, must assist law enforcement

MUST be conducted properly > preserving evidence properly, noncontamination, etc.
Victims may not cooperate for the reasons they won’t self-ID
Lack of application of trafficking laws may deter prosecutors > unwilling to prosecute for an unlikely conviction