Human Trafficking
Human Trafficking Suman Kakar Associate Professor Department of Criminal Justice Florida International University Carolina Academic Press Durham, North Carolina
Copyright 2017 Suman Kakar All Rights Reserved Library of Congress Cataloging-in-Publication Data Names: Kakar, Suman, 1953- author. Title: Human trafficking / Suman Kakar. Description: Durham, North Carolina : Carolina Academic Press, [2017] Includes bibliographical references and index. Identifiers: LCCN 2017005003 ISBN 9781611637564 (alk. paper) Subjects: LCSH: Human trafficking. Social media. Human trafficking (International law) Classification: LCC HQ281.K35 2017 DDC 306.3/62--dc23 LC record available at https://lccn.loc.gov/2017005003 eisbn 978-1-53100-439-2 Carolina Academic Press, LLC 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America
Contents Chapter 1 Understanding Trafficking in Persons 3 Chapter Objectives 3 Introduction: What Is Human Trafficking? 4 Trafficking in Persons: Global Crime 4 Trafficking Case Involving U.S. Citizens as Perpetrators 8 Case Analysis 9 Human Trafficking and Smuggling What Are the Differences? 10 Fact Check on Human Trafficking 11 Human Trafficking Victims are not Only Foreigners 11 Trafficking is not the Same as Illegal Migration, Forced Migration, or Smuggling 13 All Victims of Trafficking are not Poor Foreigners 13 Persons Claiming to be Victims of Trafficking are not Employees Who Consented to be Employed in the Professions They are in They are Victims 14 Illegal Underground Industries are not the Only Industries Involved in Human Trafficking 15 Human Trafficking: Human Rights Violations 15 The Cyrus Cylinder 15 The Magna Carta 15 Universal Declaration of Human Rights 16 Human Trafficking Prosecution Unit 16 Human Trafficking and the United States Criminal Code, Title 18, Chapter 77 17 Human Trafficking: Business 19 Traditional Professions such as Teaching and Medicine Are Also Part of the Trafficking Business 20 v
vi Contents Differences and Similarities: Human Trafficking and Slavery 20 Bondage 24 Bonded Labor and Debt Bondage among Migrant Laborers 24 Forced Labor 25 Sex Trafficking 25 Chapter Review 25 Discussion Questions 26 References 26 Further Suggested Readings 28 Notes 29 Chapter 2 Trafficking in Persons: Historical and Global Perspectives 33 Chapter Objectives 33 Introduction: Human Trafficking Historical and Global Perspectives 34 The United States Constitution and Outlaw of Slavery 34 The United States and Human Trafficking 35 History of Human Trafficking Legislation 35 White- Slave Traffic Act (The Mann Act) 35 The First Formal Human Trafficking Task Force (1923) 35 Human Trafficking as a Human Rights Violation 39 Human Trafficking Declared a Human Rights Violation (1949) 39 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) 39 Trafficking Victims Protection Act (2000) 40 The Office to Monitor and Combat Trafficking in Persons (2001) 43 Human Trafficking Included as a Part 1 Crime in the Uniform Crime Reports 43 Human Trafficking across Borders 44 Human Trafficking: Transnational Crime 44 Origin and Destination Countries: Trafficking in Persons is Ubiquitous in Nature 45 Human Trafficking Profits 46 Poverty, Unemployment, Homelessness, and Human Trafficking 48 Human Trafficking: A Global Health Issue 49 Human Trafficking: Individual Enterprise or Organized Business? 53 Profits and Human Trafficking 56 Chapter Review 57 Discussion Questions 57
Contents vii References 58 Further Suggested Readings 60 Notes 62 Chapter 3 Domestic Human Trafficking: Local Perspectives 65 Chapter Objectives 65 Introduction: Human Trafficking: Local Perspectives 66 Domestic Human Trafficking 66 Human Trafficking: Around Us 68 The Essentials of the Human Trafficking Process 70 Nature and Extent of Domestic Human Trafficking 72 Lack of Systematic Data 72 Nature of the Crime 73 Lack of Uniformity: Various Definitions 73 Source of Data 74 Human Trafficking: A Routine Activity 74 Human Trafficking and Economics 76 U.S. Code and Protection for the Victims of Involuntary Servitude or Forced Labor 79 Peonage 79 Involuntary Servitude 80 Forced Labor 80 Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor 81 Sex Trafficking of Children by Force, Fraud, or Coercion 82 Unlawful Conduct with Respect to Documents in Furtherance of Trafficking, Peonage, Slavery, Involuntary Servitude, or Forced Labor 82 Who Are the Victims of Domestic Trafficking? 84 Conclusion and Chapter Review 87 Discussion Questions 88 References 88 Further Suggested Readings 90 Notes 92 Chapter 4 Conceptual Frameworks to Explain and Understand Trafficking in Persons 97 Chapter Objectives 97 Introduction: Trafficking in Persons: Theories 98
viii Contents Trafficking in Persons: A Multidimensional Crime and Multiple Explanations 99 The Need for a Conceptual Framework 100 Trafficking in Persons and Globalization 100 Push and Pull Factors 100 Trafficking in Persons and Capitalism Theory: Globalization 101 Trafficking in Persons and Economic Theory of Value 101 Trafficking in Persons and Capitalism Theory 102 Trafficking in Persons and Industrial Capitalism 103 Trafficking in Persons and Migration 106 Trafficking in Persons: Process 107 Trafficking in Persons and Theories of Victimization 108 Trafficking in Persons and Victim Precipitation Theory 109 Trafficking in Persons and Lifestyle Theory 112 Trafficking in Persons and Deviant Place Theory 113 Trafficking in Persons and Rational Choice Theory 114 Trafficking in Persons and Anomie Theory 115 Trafficking in Persons and Conflict Theory 116 Trafficking in Persons and General Strain Theory 117 Trafficking in Persons and Trauma Theory 117 Conclusion and Chapter Review 118 Discussion Questions 120 References 120 Further Suggested Readings 122 Notes 128 Chapter 5 Trafficking in Persons: Human Trade 131 Chapter Objectives 131 Introduction: Trafficking in Persons: The Organ Trade 132 Commercializing Humans for Organ Removal 134 Trafficking in Persons and the Organ Trade: An Overview 134 Organs Transplantation: A Medical Wonder? Or Designer of a New Branch of Trafficking? 134 Who Are the Main Actors Involved in Organ Trafficking? 136 Organ Trafficking: An Organized Crime? 138 Who Are the Donors: Victims? 138 Process: How Are the Donors/Victims Recruited? 139 Trafficking in Persons Protocol and Organ Trafficking 139 The United Network for Organ Sharing (UNOS) and Organ Transplant Tourism 140
Contents ix Organ Trafficking: History 142 Laws Prohibiting Organ Trafficking 144 The Trafficking in Persons Protocol and Removal of Organs 144 The Optional Protocol to the Convention on the Rights of the Child 144 Council of Europe (CoE) Convention: The Oviedo Convention 145 Issue of Consent or Coercion? 146 Trafficking in Persons for Organ Removal and Organ Trafficking: Same or Different? 146 International Guidelines for Human Cell, Tissue, and Organ Transplant 148 Strategies for the Prevention and Control of Organ Trafficking and Trafficking in Persons for Removal of Organs 150 Address the Root Causes 150 Reduce the Demand for Irregularly Procured Organs 150 Raise Awareness 151 Local and International Laws Coordination 152 Conclusion 153 Challenges: Detection, Investigation, and Prosecution of Organ Trafficking Crime 153 Indicators of Trafficking of Persons for Organ Removal 153 Assistance to the Victims 154 Chapter Review 154 Discussion Questions 155 References 156 Further Suggested Readings 158 Notes 161 Chapter 6 Trafficking in Persons: Global Response to Human Trafficking 165 Chapter Objectives 165 Introduction: Human Trafficking 166 The Global Response to Trafficking in Persons 166 Global Response 167 International Campaigns 168 International Treaties, Conventions, and Protocols 168 United Nations Conventions and Protocols 168 Global Initiatives 171 United States Response to Human Trafficking 173 Trafficking Victims Protection Act 174
x Contents The Tier System 175 Office to Monitor and Combat Trafficking in Persons 176 Overview of Campaigns, Initiatives, and Programs Funded by the United States 179 Conclusion and Chapter Review 186 Discussion Questions 186 References 187 Further Suggested Readings 191 Notes 193 Chapter 7 Trafficking in Persons: The Criminal Justice Response to Trafficking 197 Chapter Objectives 197 Introduction: The Criminal Justice Response to Trafficking in Persons 197 The United States and Human Trafficking Legislation 199 Challenges in Identification of Trafficking Victims 206 Trainings/Strategies for Identification of Victims and Offenders 209 Awareness and Educational Campaigns 210 Task Forces 211 Warning Signs of Trafficking and Plans 211 Arrest and Prosecution of Traffickers 214 Conclusion 216 Chapter Review 218 Discussion Questions 219 References 220 Further Suggested Readings 228 Notes 233 Chapter 8 Human Trafficking and Technology 237 Chapter Objectives 237 Introduction: Human Trafficking and Technology 237 Use of Technology by the Traffickers for the Proliferation of Trafficking Business 239 Technology: Recruitment and Job Offers 240 Use of Technology for Combating Trafficking 245 International and United States Efforts to Combat Human Trafficking Using Technology 245 Use of Technology for Providing Information and Support to Trafficking Victims 257
Contents xi Conclusion 259 Chapter Review 260 Discussion Questions 261 References 261 Further Suggested Readings 264 Notes 266 Chapter 9 Protections for the Victims of Trafficking in Persons 273 Chapter Objectives 273 Introduction: Who Are the Victims? 274 Needs of the Victims of Human Trafficking 274 Protections, Support, and after Care for the Victims of Human Trafficking 275 Trafficking in Persons Protocol: The Requirement for Victims Protection and Support 275 The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (General Assembly resolution 40/34, annex) 276 Trafficking in Persons Protocol: The Requirement for the Provision of Physical, Psychological, and Social Recovery of Victims 277 Comprehensive, Coordinated, and Integrated Response: Support and Protection to the Victims 281 International and the United States Responses to the Victims and Survivors 281 Federal Programs to Provide Support and Protection for the Victims 282 Department of Health and Human Services 282 Community Programs and Resources for the Victims of Trafficking 283 After Care for the Victims of Trafficking in Humans 285 Conclusion 287 Chapter Review 288 Discussion Questions 288 References 289 Further Suggested Readings 291 Notes 293
xii Contents Chapter 10 Future Directions: Current State and Future of Trafficking in Persons 297 Chapter Objectives 297 The Current State and Future of Trafficking in Persons 297 Current State of Trafficking 298 Uniform Definition 299 Where Does It Happen? International as Well as Domestic 300 Who Are the Victims of Trafficking in Persons? 301 The Trafficking Process: How It Happens 302 Estimates of Trafficking in Persons: Prevalence and Incidence 302 Who Are the Traffickers? 302 Effects of Human Trafficking and Needs of Victims 303 Anti- Trafficking Efforts 304 Future of Human Trafficking 305 Discussion Questions 307 References 307 Further Suggested Readings 308 Notes 309 Glossary and Acronyms 311 Index 337