Human Trafficking

Human Trafficking

Suman Kakar
ASSOCIATE PROFESSOR
DEPARTMENT OF CRIMINAL JUSTICE
FLORIDA INTERNATIONAL UNIVERSITY
 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

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 Contents

Chapter 1 · Understanding Trafficking in Persons

Chapter Objectives
Introduction: What Is Human Trafficking?
Trafficking in Persons: Global Crime
Trafficking Case Involving U.S. Citizens as Perpetrators
Case Analysis
Human Trafficking and Smuggling—What Are the Differences?
Fact Check on Human Trafficking
Human Trafficking Victims are not Only Foreigners
Trafficking is not the Same as Illegal Migration, Forced Migration, or Smuggling
All Victims of Trafficking are not Poor Foreigners
Persons Claiming to be Victims of Trafficking are not Employees Who Consented to be
Employed in the Professions They are in—They are Victims
Illegal Underground Industries are not the Only Industries Involved in Human
Trafficking
Human Trafficking: Human Rights Violations
The Cyrus Cylinder
The Magna Carta
Universal Declaration of Human Rights
Human Trafficking Prosecution Unit
Human Trafficking and the United States Criminal Code, Title 18, Chapter 77
Human Trafficking: Business
Traditional Professions such as Teaching and Medicine Are Also Part of the Trafficking
Business
Differences and Similarities: Human Trafficking and Slavery
Bondage
Bonded Labor and Debt Bondage among Migrant Laborers
Forced Labor
Sex Trafficking
Chapter Review
Discussion Questions
References
Further Suggested Readings
Notes
Chapter 2 · Trafficking in Persons: Historical and Global Perspectives
Chapter Objectives
Introduction: Human Trafficking—Historical and Global Perspectives
The United States Constitution and Outlaw of Slavery
The United States and Human Trafficking
History of Human Trafficking Legislation
White-Slave Traffic Act (The Mann Act)
 The First Formal Human Trafficking Task Force (1923)
Human Trafficking as a Human Rights Violation
Human Trafficking Declared a Human Rights Violation (1949)
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children (2000)
Trafficking Victims Protection Act (2000)
The Office to Monitor and Combat Trafficking in Persons (2001)
Human Trafficking Included as a Part 1 Crime in the Uniform Crime Reports
Human Trafficking across Borders
Human Trafficking: Transnational Crime
Origin and Destination Countries: Trafficking in Persons is Ubiquitous in Nature
Human Trafficking Profits
Poverty, Unemployment, Homelessness, and Human Trafficking
Human Trafficking: A Global Health Issue
Human Trafficking: Individual Enterprise or Organized Business?
Profits and Human Trafficking
Chapter Review
Discussion Questions
References
Further Suggested Readings
Notes
Chapter 3 · Domestic Human Trafficking: Local Perspectives
Chapter Objectives
Introduction: Human Trafficking: Local Perspectives
Domestic Human Trafficking
Human Trafficking: Around Us
The Essentials of the Human Trafficking Process
Nature and Extent of Domestic Human Trafficking
Lack of Systematic Data
Nature of the Crime
Lack of Uniformity: Various Definitions
Source of Data
Human Trafficking: A Routine Activity
Human Trafficking and Economics
U.S. Code and Protection for the Victims of Involuntary Servitude or Forced Labor
Peonage
Involuntary Servitude
Forced Labor
Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor
Sex Trafficking of Children by Force, Fraud, or Coercion
Unlawful Conduct with Respect to Documents in Furtherance of Trafficking, Peonage,
Slavery, Involuntary Servitude, or Forced Labor
Who Are the Victims of Domestic Trafficking?
Conclusion and Chapter Review
Discussion Questions
References
 Further Suggested Readings
Notes
Chapter 4 · Conceptual Frameworks to Explain and Understand Trafficking in Persons
Chapter Objectives
Introduction: Trafficking in Persons: Theories
Trafficking in Persons: A Multidimensional Crime and Multiple Explanations
The Need for a Conceptual Framework
Trafficking in Persons and Globalization
Push and Pull Factors
Trafficking in Persons and Capitalism Theory: Globalization
Trafficking in Persons and Economic Theory of Value
Trafficking in Persons and Capitalism Theory
Trafficking in Persons and Industrial Capitalism
Trafficking in Persons and Migration
Trafficking in Persons: Process
Trafficking in Persons and Theories of Victimization
Trafficking in Persons and Victim Precipitation Theory
Trafficking in Persons and Lifestyle Theory
Trafficking in Persons and Deviant Place Theory
Trafficking in Persons and Rational Choice Theory
Trafficking in Persons and Anomie Theory
Trafficking in Persons and Conflict Theory
Trafficking in Persons and General Strain Theory
Trafficking in Persons and Trauma Theory
Conclusion and Chapter Review
Discussion Questions
References
Further Suggested Readings
Notes
Chapter 5 · Trafficking in Persons: Human Trade
Chapter Objectives
Introduction: Trafficking in Persons: The Organ Trade
Commercializing Humans for Organ Removal
Trafficking in Persons and the Organ Trade: An Overview
Organs Transplantation: A Medical Wonder? Or Designer of a New Branch of Trafficking?
Who Are the Main Actors Involved in Organ Trafficking?
Organ Trafficking: An Organized Crime?
Who Are the Donors: Victims?
Process: How Are the Donors/Victims Recruited?
Trafficking in Persons Protocol and Organ Trafficking
The United Network for Organ Sharing (UNOS) and Organ Transplant Tourism
Organ Trafficking: History
Laws Prohibiting Organ Trafficking
The Trafficking in Persons Protocol and Removal of Organs
The Optional Protocol to the Convention on the Rights of the Child
Council of Europe (CoE) Convention: The Oviedo Convention
 Issue of Consent or Coercion?
Trafficking in Persons for Organ Removal and Organ Trafficking: Same or Different?
International Guidelines for Human Cell, Tissue, and Organ Transplant
Strategies for the Prevention and Control of Organ Trafficking and Trafficking in Persons
for Removal of Organs
Address the Root Causes
Reduce the Demand for Irregularly Procured Organs
Raise Awareness
Local and International Laws Coordination
Conclusion
Challenges: Detection, Investigation, and Prosecution of Organ Trafficking Crime
Indicators of Trafficking of Persons for Organ Removal
Assistance to the Victims
Chapter Review
Discussion Questions
References
Further Suggested Readings
Notes
Chapter 6 · Trafficking in Persons: Global Response to Human Trafficking
Chapter Objectives
Introduction: Human Trafficking
The Global Response to Trafficking in Persons
Global Response
International Campaigns
International Treaties, Conventions, and Protocols
United Nations Conventions and Protocols
Global Initiatives
United States' Response to Human Trafficking
Trafficking Victims Protection Act
The Tier System
Office to Monitor and Combat Trafficking in Persons
Overview of Campaigns, Initiatives, and Programs Funded by the United States
Conclusion and Chapter Review
Discussion Questions
References
Further Suggested Readings
Notes
Chapter 7 · Trafficking in Persons: The Criminal Justice Response to Trafficking
Chapter Objectives
Introduction: The Criminal Justice Response to Trafficking in Persons
The United States and Human Trafficking Legislation
Challenges in Identification of Trafficking Victims
Trainings/Strategies for Identification of Victims and Offenders
Awareness and Educational Campaigns
Task Forces
Warning Signs of Trafficking and Plans
 Arrest and Prosecution of Traffickers
Conclusion
Chapter Review
Discussion Questions
References
Further Suggested Readings
Notes
Chapter 8 · Human Trafficking and Technology
Chapter Objectives
Introduction: Human Trafficking and Technology
Use of Technology by the Traffickers for the Proliferation of Trafficking Business
Technology: Recruitment and Job Offers
Use of Technology for Combating Trafficking
International and United States' Efforts to Combat Human Trafficking Using Technology
Use of Technology for Providing Information and Support to Trafficking Victims
Conclusion
Chapter Review
Discussion Questions
References
Further Suggested Readings
Notes
Chapter 9 · Protections for the Victims of Trafficking in Persons
Chapter Objectives
Introduction: Who Are the Victims?
Needs of the Victims of Human Trafficking
Protections, Support, and after Care for the Victims of Human Trafficking
Trafficking in Persons Protocol: The Requirement for Victims' Protection and Support
The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
(General Assembly resolution 40/34, annex)
Trafficking in Persons Protocol: The Requirement for the Provision of Physical, Psychological,
and Social Recovery of Victims
Comprehensive, Coordinated, and Integrated Response: Support and Protection to the
Victims
International and the United States' Responses to the Victims and Survivors
Federal Programs to Provide Support and Protection for the Victims
Department of Health and Human Services
Community Programs and Resources for the Victims of Trafficking
After Care for the Victims of Trafficking in Humans
Conclusion
Chapter Review
Discussion Questions
References
Further Suggested Readings
Notes
Chapter 10 · Future Directions: Current State and Future of Trafficking in Persons
Chapter Objectives
 The Current State and Future of Trafficking in Persons
Current State of Trafficking
Uniform Definition
Where Does It Happen? International as Well as Domestic
Who Are the Victims of Trafficking in Persons?
The Trafficking Process: How It Happens
Estimates of Trafficking in Persons: Prevalence and Incidence
Who Are the Traffickers?
Effects of Human Trafficking and Needs of Victims
Anti-Trafficking Efforts
Future of Human Trafficking
Discussion Questions
References
Further Suggested Readings
Notes
Glossary and Acronyms
Index
 Chapter 1

Understanding
Trafficking in Persons
Chapter Objectives
This chapter provides a comprehensive understanding of the following:

What is Human Trafficking?

Trafficking in Persons: Global Crime
Trafficking Case Involving US Citizens as Perpetrators
Fact Check on Trafficking
Trafficking Victims are not Only Foreigners
Trafficking is the not Same as Illegal Migration, Forced Migration or Smuggling
All Victims of Trafficking Are not Poor Foreigners
Persons Claiming to be Victims of Trafficking are not Employees Who Consented to be
Employed in the Professions They are in—They are Victims
Illegal Underground Industries are not the Only Industries Involved in Human Trafficking
Human Trafficking: Human Rights Violations
The Cyrus Cylinder
The Magna Carta
Universal Declaration of Human Rights
Human Trafficking Prosecution Unit
Human Trafficking and the United States Criminal Code, Title 18, Chapter 77
Human Trafficking: Business
Traditional Professions Such as Teaching and Medicine are also Part of the Trafficking Business
Differences and Similarities: Human Trafficking and Slavery
Bondage
Bonded Labor and Debt Bondage among Migrant Laborers
Forced Labor
Sex Trafficking
Introduction: What Is Human Trafficking?
Human trafficking has been called by different names and synonymously used with terms such as
“slavery,” “modern slavery,” “illegal migration,” “smuggling,” “under-age prostitution of foreigners,”
“facilitated irregular migration,” “sex-slavery,” “servitude,” and “child labor,” among other terms. Often
these terms are used interchangeably, confounding the manner in which victims, perpetrators, and
communities understand it. This understanding of the issue, in turn, affects how policy makers address
human trafficking.
This chapter presents a detailed overview of human trafficking. It reviews various terms confused with
human trafficking. It discusses differences and similarities between human trafficking, slavery, illegal
immigration, and smuggling. Human trafficking is discussed as a process and in terms of a human rights
violation. The chapter discusses the economics of human exploitation for the purposes of commercializing
humans for labor, sex, organs, and other profit-producing practices. To facilitate understanding of what
human trafficking is, this chapter provides examples of cases to analyze. The case analyses demonstrate the
necessary elements that have to be present in a human trafficking case to distinguish it from other cases
that may be very similar to human trafficking, such as “illegal migration,” “smuggling,” “under-age
prostitution of foreigners,” “facilitated irregular migration,” “sex-slavery,” “servitude,” and “child labor.”
Such an introduction provides a broader understanding of human trafficking.
Trafficking in Persons: Global Crime
Trafficking in persons is a global crime—ubiquitous in nature—affecting nearly all countries in every
region of the world. It is a crime that ruthlessly exploits women, children, and men for numerous purposes
including forced labor and sex. This global crime generates billions of dollars in profits for traffickers. The
International Labor Organization estimates that 20.9 million people are victims of forced labor—in terms
of sex and labor trafficking globally.1 This estimate also includes victims of human trafficking for labor
and sexual exploitation. There are vast numbers of local, national and regional interpretations and
responses to this crime, and an immense number of stake-holders involved in addressing it. According to
the United Nations definition, human trafficking can be understood as a process by which people are
recruited in their community and exploited by traffickers using deception and/or some form of coercion to
lure and control them.2
“The exploitation of one human being by another is the basest crime. Still trafficking in persons remains
all too common, with all too few consequences for the perpetrators ...”3
Trafficking in persons is conceptualized, described, and understood differently in different contexts. It is
only recently that there is some consensus on what human trafficking is and the term “Trafficking in
Persons” has been recognized as a term on its own. The first-ever agreed upon definition of trafficking,
now known as Protocol to Prevent, Suppress and Punish Trafficking in Persons, was incorporated in 2000,
which supplemented the United Nations Convention against Transnational Organized Crime.4 The United
Nations criminalized human trafficking under the protocols of Transnational Organized Crime in 2000 and
adopted the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children.
On November 15, 2000, the United Nations General Assembly passed Resolution 55/25, adopting the
Convention against Transnational Organized Crime and its supplemental protocols. The Protocol to
Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children—a protocol against
Transnational Organized Crime—was adopted by the United Nations General Assembly in 2000 and
entered into force on December 25, 2003. As of June 2015, it has been ratified by 167 parties.5
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines
Trafficking in Persons:

as the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat
or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of
power or of a position of vulnerability or of the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other
forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery,
servitude or the removal of organs (UNDOC.ORG, 2014).6

Trafficking in Persons Protocol (Article 3) provided uniformity in describing the phenomenon of

trafficking in persons. It also provided elements that clearly distinguished it from other crimes that may
look and sound similar, such as smuggling and illegal immigration, but are legally different. It provides a
clear and consistent overview of elements that must be present to consider it a crime. It is not limited to
crossing borders—it occurs both across and within the borders of a country. In addition to sexual
exploitation, it covers a wide variety of exploitative purposes. Victims are not only women or adults but
include children, women, and men. In some cases, it may involve organized crime groups and others it may
be an individual, a small group, or a family operation. Article 5 of Trafficking in Persons Protocol
recommends that the conduct set out in Article 3 be criminalized in domestic legislation. The Trafficking in
Persons Protocol requires criminalization of:

Attempts to commit a trafficking offense

Participation as an accomplice in such an offense
Organizing or directing others to commit trafficking

According to this definition, the elements of human trafficking include act, means, and purpose. The
“recruitment, transportation, transfer, harboring, or receipt of persons” refer to the act; the “threat or use of
force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position
of vulnerability, or of the giving or receiving of payments or benefits” refer to the means; and the activities
“to achieve the consent of a person having control over another person, for the purpose of exploitation”
refer to what finally facilitates accomplishment of the process of human trafficking. These various elements
of human trafficking have been presented in Figure 1.
The three elements of human trafficking are act, means, and purpose. The act refers to the activities that
are necessary elements of human trafficking. These include: recruitment, transportation, transfer, harboring,
or receipt of persons. The means refer to the use of threats, force, coercion, fraud, deception, abuse of
power, or any other means used to conduct the activities. To achieve the consent of a person having control
over another person refers to the purpose, and the process refers to the methods used to carry out the
human trafficking activities. These specifically refer to the threat or use of force, coercion, abduction,
fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of
the victim. The purpose refers to the reasons for engaging in activities that are classified as human
trafficking. The Protocol to Prevent, Suppress and Punish Trafficking in Persons identifies exploitation as
the purpose—which includes forced prostitution, sexual exploitation, forced labor, slavery or similar
practices, and the removal of organs.

Figure 1: The Elements of Human Trafficking

To ascertain whether a particular circumstance constitutes trafficking in persons, consider the definition
of trafficking in the Trafficking in Persons Protocol and the constituent elements of the offense, as defined
by Florida Statutes.
For example, according to the Florida Statutes 787.06, “human trafficking is a form of modern-day
slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are
trafficked annually across international borders worldwide. Many of these victims are trafficked into this
state. Victims of human trafficking also include citizens of the United States and those persons trafficked
domestically within the borders of the United States.”7 According to the Florida Statutes 787.06, “victims
of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or
forced labor.”8
Trafficking Case Involving U.S.
Citizens as Perpetrators
Below is an actual case of human trafficking—involving United States citizens and foreigners—that
occurred on United States soil.

Box 1: Kil Soo Lee and the Case of the Samoan Sweatshop

Dissect the case to determine whether you can identify the elements and purpose of human trafficking in
this case.

Case Analysis
A careful analysis of this case demonstrates all the elements (act, means, and purpose) and the process of
human trafficking.

Mr. Lee building a factory on a remote island of American Samoa and recruiting more than 250
skilled garment workers from Vietnam and China, mostly vulnerable young women, by enticing them
with promises of a steady job, refers to the “act.”
 Mr. Lee demanding a down payment of $6,000 from each worker to guarantee a job in America and
placing the employees on grueling schedules in horrid conditions and paying minimal to no wages,
refers to the “means.”
Mr. Lee threatening the employees with beatings, starvation, false arrests, sexual assaults, debt
repayment schemes, deportation, and other tactics enforced by security guards in a gated compound
refers to the “process.”
Mr. Lee's desire to use this location of the factory to use the “Made in America” label on his clothes
but not draw attention to his operation, exploit the employees' vulnerability to place them on grueling
schedules in horrid conditions and deny remuneration, threaten with physical harm and deportation,
etc. in order to make exorbitant profits refers to “purpose.”

We just analyzed a case to understand the definitional elements of human trafficking. Now let us dissect
it a step further to fully understand the key features of the 2000 Protocol to Prevent, Suppress and Punish
Trafficking in Persons.

A general perception of trafficking is in terms of sexual exploitation of young girls and women. Often
trafficking is equated to sexual exploitation and prostitution. However, the definition of human
trafficking provided in the Protocol to Prevent, Suppress and Punish Trafficking in Persons makes it
abundantly clear that trafficking involves a wide variety of exploitative practices much beyond
prostitution and sexual exploitation of young girls and women. It equally affects women, men, and
young boys and girls.
It is generally believed that trafficking involves traveling and transportation, especially crossing
international borders. The definition of human trafficking provided in the Protocol to Prevent,
Suppress and Punish Trafficking in Persons states that trafficking does not require any travel, let
alone travel across international borders. Human beings can be trafficked within the same
neighborhood and community, city, town, state, across the state and/or provincial lines and borders, as
well as international borders.
It is also a common perception that trafficking victims want to enter the criminal enterprise by
crossing the borders and actually participate in the act voluntarily—implying that the victims willingly
and knowingly enter the exploitative situations and have an opportunity to leave the situation as and
when they decide. The definition clarifies that victims do not have control over their exploitation and
have no opportunity to “consent” and, in fact, cannot give consent to trafficking. The definition
specifies deception, coercion, force, and fraud as “means” of duping trafficking victims into agreeing
to be placed in exploitative situations and as a matter of fact, the victims have no ability to consent.

According to the US Department of State,9 the United States is a destination country for thousands of
men, women, and children trafficked from all areas of the world. These victims are trafficked for the
purposes of sexual and labor exploitation. Many of these victims are lured from their homes with false
promises of well-paying jobs, romance, and marriage. In many instances, young women and girls—
desirous of a high standard of living, upscale lifestyle, expensive clothes, jewelry, and upward mobility
eagerly search for opportunities that will take them to their desired end. They become easy targets for
exploitation. Traffickers take advantage of their eagerness to leave their homes and start their glamorous—
but often imaginary—lives. As soon as they arrive at their destinations, their identification documents are
confiscated, they are isolated, and forced or coerced into prostitution, domestic servitude, farm or factory
labor, or other types of forced labor. For traffickers, it has become the most lucrative illicit form of
business with very little investment. Victims often find themselves in a foreign country. They do not
understand or speak the language. Traffickers often strip victims of their identities by taking away their
travel and identity documents, telling them that if they attempt to escape, they themselves and/or their
families back home will be harmed, and the victims' families will assume their debt.10

Human Trafficking and Smuggling—

What Are the Differences?
Generally, trafficking is used as an alternate term for smuggling and human trafficking is understood to
be the same as illegal migration, forced migration, or smuggling. This is an erroneous classification of
human trafficking and smuggling. The definition of human trafficking provided in the Protocol to Prevent,
Suppress and Punish Trafficking in Persons clarifies the difference between human trafficking and
smuggling. This protocol defines trafficking differently from smuggling of migrants or illegal migration.
According to this protocol, human trafficking focuses on exploitation of human beings' mind and body
through force, fraud, or coercion while smuggling focuses on profit only. In human trafficking, the person
involved does not participate willingly. There is use of “force, fraud, or coercion” (actual, perceived, or
implied), unless the individual is under 18 years of age and involved in commercial sex acts. In the case of
smuggling, the person being smuggled is a willing participant and cooperates with the smuggler
voluntarily, while in trafficking, victims are forced to cooperate or duped into cooperation. Persons who are
trafficked are victims while the smuggled persons are complicit in the smuggling crime. They are not
necessarily victims of the crime of smuggling (though they may become trafficking victims depending on
the circumstances in which they were smuggled). Rather, they are perpetrators as they willingly violate
international law by crossing international borders illegally.
While smuggling and illegal migration involve illegal and facilitated movement across an international
border for profit and may involve deception and/or abusive treatment, the main objective of smuggling is to
profit from the act of facilitating crossing the border (generally an international border) not the
exploitation. The act of smuggling may eventually turn into the act of trafficking, but that generally is not
the intended purpose of the initial act. Table 1 describes the similarities and differences between human
trafficking and smuggling.
Fact Check on Human Trafficking
A general misperception is that trafficked persons are only foreign nationals. Only illegal and
undocumented immigrants from other countries (mainly poverty-stricken citizens of developing nations)
end up as victims of human trafficking. The facts are very different from this perception. Both US citizens
and foreign nationals (illegal or legal) can be and are found to be the victims of trafficking. Both are
protected under the federal trafficking statutes since the TVPA of 2000. Human trafficking encompasses
both transnational trafficking that involves crossing transnational borders and domestic or internal
trafficking that occurs within a country without crossing any transnational borders.

Human Trafficking Victims are not Only Foreigners

Contrary to the general belief, human trafficking can, but does not necessarily have to, involve some
form of travel, transportation, or movement across state or national borders. While it is true that sometimes
victims are transported from other countries and that may involve crossing borders, trafficking victims do
not necessarily have to be transported across borders. Trafficking can take place within the same city and
state. When victims do not need to be transported from a different country and the act does not involve
crossing of any international borders, the act is known as domestic human trafficking.

Table 1: Differences between Human Trafficking and Smuggling

 It is also true that victims—domestic or international—may often be transported and housed in strange
and isolated places to keep them dependent on the perpetrator for their survival. However, this is not an
essential element of trafficking. Transporting victims to undisclosed locations makes it easier for the
perpetrators to manipulate them and take advantage of their naivety, ignorance, and their unfamiliarity with
their surroundings. This tactic increases the victims' probability of compliance with the perpetrators'
demands. As demonstrated in the case of Kil Soo Lee (discussed earlier), any noncompliance results in
threats, beatings, starvation, false arrests, sexual assaults, debt repayment schemes, deportation, and other
tactics. The victims begin to believe that the only surety of their continuation in the job, escape from
physical beatings and other forms of punishment, and in fact survival is dependent upon their full
compliance with all the demands of their employers—including exploitation.

Trafficking Is not the Same as Illegal Migration,

Forced Migration, or Smuggling
Most often human trafficking is understood to be the same as illegal migration, forced migration, or
smuggling. This is an erroneous classification of human trafficking. (This is discussed more in detail later
in the book). Human trafficking is exploitation of human beings' mind and body through force, fraud, or
coercion. It is a form of involuntary servitude, or “compelled service” where a victim has no freedom to
choose what she/he will and can do or think. Rather all actions are chosen for the victim. For survival, the
victim is left with no choice but to comply. Any deviation will result in sanctions—such as physical
beatings or worse, death—which generally are not limited to the victims only but also extended to their
family members, friends, and loved ones.
Another common misperception purports that trafficking is a foreign country's issue and it does not
happen in the United States, and if it does then it is only because foreigners arrive here illegally and try to
find jobs. In that case, the employers who hire them have every right to pay them less than the legal
citizens. The employers are actually trying to be humanitarians in helping these illegals survive. In any
case, the job, salary, and working and living conditions that these illegals have are a way better than the
circumstances they left at home.

All Victims of Trafficking Are not Poor Foreigners

It is also commonly believed that human trafficking victims are all very poor and they willingly come
and take up the jobs offered to them, knowing very well what they are getting into. They happily sign
contracts and in fact many times even pay and beg employers to hire them. So, what is the big fuss? There
is no exploitation—rather it is an economic and business decision made by both parties—employees and
employers.
The fact is that although it may involve foreigners and may happen more in other countries, yet it is as
much a domestic issue as it is an international issue. It happens in the United States more than most people
are willing to admit. Undoubtedly, foreigners arriving from other countries legally or illegally may have a
higher probability of being trafficked and exploited than the indigenous people. However, indigenous
people are equally vulnerable to exploitation and trafficking. In fact, according to the Department of State
(2015),11 US citizens in every state in the nation are equally vulnerable and fall prey to the greed of
traffickers at an alarming rate. Without regard to nationality of victims and with greed as their motivation,
traffickers seek to exploit those who are most vulnerable—the young and the desperate who can be easily
manipulated.12
Although poverty increases persons' vulnerability to exploitation and decreases their resistance to
manipulation and trafficking, all victims are not poor. The data from various sources, including the
Department of State, show that trafficking victims come from a variety of socioeconomic levels, and many
may come from families with higher socioeconomic status and higher education levels.
Persons Claiming to be Victims of Trafficking are not
Employees Who Consented to be Employed in the
Professions They are in—They are Victims
There is a general belief that if the persons claiming to be victims consented to be employed and were
informed about what type of work they would be doing or that commercial sex would be involved, then it
cannot be a case of human trafficking or against their will because they “knew better.” It is believed that
the employees who consented to the work and willfully signed the contract cannot claim to be “victims”
and look for assistance from laws of the destination country because they willingly accepted the job
without any pressure from the employers. The employers who provided jobs cannot be called traffickers.
They are employers like any other business entrepreneurs engaged in business. They followed the rules—
explained to the potential employees about the kind of work they would be doing and the employees
consented before accepting employment. The so called “victims” are “paid employees.” This is a specious
belief misleading the general public.
The fact is that a victim cannot consent to human trafficking. Initial consent to commercial sex or a labor
setting prior to acts of force, fraud, or coercion (or if the victim is a minor in a sex trafficking situation),
which may have been given or obtained using manipulation, false promises, and or other tactics such as
playing on the victims' desperate situation, is not relevant to the crime, nor is the payment.

Illegal Underground Industries are not the Only Industries

Involved in Human Trafficking
Another common misperception is that human trafficking only occurs in illegal underground industries.
The fact is that trafficking can and does occur in legal and legitimate business settings as well as
underground markets. Elements of human trafficking can be identified whenever the means of force, fraud,
or coercion induce a person to provide services in any form or industry including labor and sex.
The next section demonstrates the nexus between human trafficking and human rights. It exhibits how
the very core of human trafficking is a gross violation of human rights and thus, human trafficking should
be addressed as a crime not only against the victim but also against humanity.
Human Trafficking: Human Rights Violations
The Cyrus Cylinder
The history of human rights can be traced back to 539 B.C. when the armies of Cyrus the Great, the first
king of ancient Persia, conquered the city of Babylon and freed all slaves, declared that all people had the
right to choose their own religion, and established racial equality. His decrees related to human rights were
recorded on a baked-clay cylinder known today as the Cyrus Cylinder. This perhaps can be considered the
world's first charter of human rights. The first four articles of the Universal Declaration of Human Rights
(UDHR) are parallel to the provisions of this Cyrus Cylinder. In the contemporary world, the proclamation
and adoption of the Universal Declaration of Human Rights (UDHR) on December 10, 1948, marked the
real beginning of the momentous international journey towards ensuring that human rights are protected
universally by the rule of law.13

The Magna Carta

The Magna Carta (1215), the Petition of Rights (1628), the US Constitution (1787), the French
Declaration of the Rights of Man and of the Citizen (1789), and the US Bill of Rights (1791) are some of
the main written precursors to many of today's human rights documents.

Universal Declaration of Human Rights

The proclamation and adoption of the Universal Declaration of Human Rights (UDHR) on December 10,
1948, acknowledged the essential need to protect human rights through the rule of law and announced that
the international laws unequivocally guarantee universal basic human rights protection to all the citizens of
the world and are not restricted by any boundaries.14

Human Trafficking Prosecution Unit

Since this proclamation and adoption of the UDHR, human rights have undergone an evolution at an
exponential rate. In 2007, the Human Trafficking Prosecution Unit (HTPU) was created within the
Criminal Section the Civil Rights Division. This HTPU consolidates the expertise of some of the nation's
top human trafficking prosecutors and these prosecutors work closely with Assistant United States
Attorneys (AUSAs) and law enforcement agencies to streamline fast-moving trafficking investigations.
Human rights law prohibits discrimination on the basis of race and sex; it demands equal or at least
certain key rights for non-citizens; it decries and outlaws arbitrary detention, forced labor, debt bondage,
forced marriage, and sexual exploitation of children and women; and it has been a champion of freedom of
movement and right to leave and return to one's own country.
Given this understanding of human rights, trafficking in persons is not only a crime but also a gross
violation of basic human rights that brings in exorbitant profits to the offenders through exploitation of the
victims. Human beings are recruited, transported, bought, and sold as commodities. Their services are
exploited in labor and their bodies are bartered for prostitution, sexual exploitation, or servitude. They are
forced to live under horrific conditions and provide services as needed and dictated by the people who have
a complete hold on their minds and bodies. Traffickers instill fear of starvation, torture, and death not only
to the captives but also to their families. Victims are traded as commodities and discarded as and when
their services are no longer profitable. They are truly “disposable people” as Kevin Bales (1999, 2012)
describes in his book Disposable People: New Slavery in the Global Economy.15 Apart from being an
illegal activity, it is a multi-faceted human rights issue. Various human rights violations occur at different
stages of the trafficking cycle.16
Human Trafficking and the United States
Criminal Code, Title 18, Chapter 77
The term “human trafficking” is commonly used to describe many forms of exploitation of human
beings and evokes images of poor foreigners, especially young girls and women, being smuggled across
international borders for sexual exploitation. At every stage of the trafficking venture, human rights
violations occur. Undoubtedly it should be considered as a multi-faceted human rights issue.
In reality, the term “human trafficking” has a different and highly specific meaning. The United States
Criminal Code, Title 18 and Chapter 77, defines human trafficking as acts that compel or coerce a person
to perform and provide labor, services, or commercial sex. The coercion can be subtle or blatant, physical
or psychological, but it must be used to force a victim into performing labor, services, or commercial sex
acts. These statutes are rooted in the prohibition against slavery and involuntary servitude guaranteed by
the Thirteenth Amendment to the United States Constitution. The United States' Department of Justice and
the Civil Rights Division collaborate in enforcing these statutes. All agencies that fall under the authority of
the United States Department of Justice, the Office of the United States Attorney General, and the Civil
Rights Division, as well as all law enforcement agencies work together to address human trafficking.17 Just
a simple analysis of the human trafficking definition demonstrates that the very core of trafficking is
entrenched in human rights violations. Human trafficking cannot take place without exploitation and denial
of basic rights of an individual. Consequently, human trafficking is steeped in human rights violations and
should be addressed as such.
According to the Human Rights and Human Trafficking Fact Sheet No. 36, “violations of human rights
are both a cause and a consequence of trafficking in persons.”18 In essence, the act of trafficking in persons
is a severe violation of human rights. Thus, discussion of human rights should be the central issue when
discussing any issue related to human trafficking—be it the definition of human trafficking, causes,
consequences, or devising strategies and policies to control and prevent trafficking.19 A careful analysis of
the historical discussions about human trafficking, beginning in 1910 and continuing through the TIP
Report in July 2015, makes it crystal clear that trafficking must be addressed in conjunction with human
rights.
In 1949, the UN Convention for the Suppression of the Trafficking in Persons and of the Exploitation of
the Prostitution of Others declared trafficking a human rights violation incompatible with human dignity
and worth. A similar statement is repeated in the 2015 TIP Report. While presenting the TIP Report in July
2015, the United States' secretary of state (2015)20 proclaimed that

Trafficking in persons is an insult to human dignity and an assault on freedom. Whether we are
talking about the sale of women and children by terrorists in the Middle East, the sex trafficking of
girls lured from their homes in Central Europe, the exploitation of farm workers in North America,
or the enslavement of fishermen in Southeast Asia, the victims of this crime each have a name.
And they each have been robbed of their most basic human rights.21

A similar statement was given by the United Nations Secretary-General during the 13th United Nations
Congress on Crime Prevention and Criminal Justice—Doha 12–19 April 2015.

Human trafficking is one of the world's most shameful ills—a heartless violation of human rights
in which lives are traded, sold, exploited, abused and ruined. No country is immune, and millions
of lives are at stake. We must take a united stand, shine a spotlight on the issue, put traffickers
behind bars and give protection and support to victims and vulnerable people.

In general—the poor, the young, the desperate, and the easily manipulated become easy targets for
exploitation and are subjected to deprivation of human rights.22 Poor and marginalized people such as
women, minorities, and children are often subjected to human rights violations. Victims fall easy prey to
exploitation. Their own insecurity about themselves and their marginalized status in the society, their desire
to attain a glamorized status as depicted in movies, as well as false promises by the perpetrators assuring
them of having such coveted status and life within an easy reach facilitate and complement perpetrators'
tactics of manipulation. The root causes of human rights deprivations and violations are precursors of
trafficking.
The phenomenon of trafficking in persons comprises a range of human rights violations. The most
common ones are the right to personal autonomy, the right not to be held in slavery or servitude, the right
to liberty and security of person, the right to be free from cruel or inhumane treatment, the right to safe and
healthy working conditions, and the right of freedom of movement.23 Human trafficking is condemned as a
violation of human rights by international conventions. In addition, human trafficking is subject to a
directive in the European Union.24
Human Trafficking: Business
The next section discusses human trafficking as business. It provides a brief overview of how a business
model based on the minimum input and the maximum output is a prototype for exorbitant profits.
Trafficking in persons and illicit drugs are two of the most heinous forms of transnational organized
crime.25 Human trafficking has been recognized as an extremely profitable business venture. In this
business, human beings are obtained and held to provide services as desired by the person, agency,
business, or the state that is holding them. These services may vary from highly skilled and technical work
to basic manual labor, house work, or sex. Since profits at the minimum cost of production are considered
the leading indicators of the highest productivity, human trafficking becomes one of the most worthwhile
ventures.
By some estimates, it is an international business enterprise that rakes in $31.6 billion per annum,
involving 161 countries—including the United States.26 It is thought to be one of the fastest-growing
activities of trans-national criminal organizations.27 Although, in general, there is more awareness
regarding sex trafficking and it is believed that sex trafficking is more prevalent, 68 percent of the
trafficking victims are victims of forced labor practice.28 The global illicit flow of goods, guns, people, and
natural resources is estimated at approximately $650 billion. Despite the scarcity of the official data, it is
generally accepted that illicit drug trafficking and counterfeiting are the two most valuable markets.29
Trafficking is among the fastest-growing criminal activities, involving exploitation of thousands of women,
men, and children for sex and labor. Networks operate smoothly across borders, easily adapting to
changing ground conditions and circumventing national law enforcement intended to blunt their efforts.30
In 2006, Schauer and Wheaton reported that, “within the next 10 years, crime experts expect human
trafficking to surpass drug and arms trafficking in its incidence, cost to human well-being, and profitability
to criminals” (164–165).31 The most recent report (2012) issued by the International Labor Organization
(ILO) estimated that three out of every 1,000 people worldwide are trapped in jobs into which they were
coerced or deceived and which they cannot leave.32 According to the same report there are nearly 21
million people who are victims of forced labor across the world. So long as businesses place profit ahead of
human wellbeing, trafficking may continue to prosper.
Wheaton et al. (2010) hypothesize “human trafficking as a monopolistically competitive industry in
which traffickers act as intermediaries between vulnerable individuals and employers by supplying
differentiated products to employers.”33 They purport that all of us who consume products of that exploited
labor actually are the “employers” of trafficked labor and the “products” are human beings.

Traditional Professions such as Teaching and Medicine

Are Also Part of the Trafficking Business
One of the non-governmental organization (NGO) representatives at the International Human
Trafficking and Forced Labor Hearing in 2012 stated that there has been a rapid increase in the cases of
trafficked immigrant teachers, nurses, construction, and service workers—who all hold valid visas—in the
United States, Europe, and Japan. The fact that these professionals who actually hold valid visas are
victims of trafficking is indicative of the structural failures within economic and employment systems of
these first-world countries. Multinational corporations, employers, businesses, labor recruiters, and others
exploit these failures.34 Such incidents make it evident that human trafficking is not only a big business but
is becoming increasingly a legitimate business.
For example, the United States currently has two guest worker programs under which employers are
authorized to import unskilled labor for temporary or seasonal work lasting less than a year: The H-2A
program for agricultural work and the H-2B program for non-agricultural work. Review the following case
to understand these two types of visas.
The next section of the chapter provides an overview of differences and similarities between human
trafficking and slavery, smuggling, and bondage.

Differences and Similarities:

Human Trafficking and Slavery
Technically speaking there are some slight differences in the legal definitions of slavery and trafficking.
For example, during the 1927 Slavery Convention slavery was defined as “... the status or condition of a
person over whom any or all of the powers attaching to the right of ownership are exercised.”35
“Slavery is an institution in which the slave master's exercise of the rights of ownership destroys the
human personality—the person as a bearer of rights—and reduces the slave to chattel, without rights.”36
Table 2 describes the similarities and differences between human trafficking and slavery.
Table 2 presented differences in “trafficking” and “slavery's” six main elements—ownership, profits,
availability, relationship, responsibility, and discrimination. In 2000 during the United Nations Convention
against Transnational Organized Crime (UNTOC) the UN Trafficking Protocol defined trafficking as
described earlier in the chapter.37

Box 2: Guest-Worker Teachers Defrauded in International

Labor Trafficking Scheme
Table 2: Differences between Human Trafficking and Slavery
 Many academicians and clinicians alike believe that slavery is “a vestige of the past” and vehemently
deny that the vile practices of historic slavery continue into this century.38 However, even a cursory look at
the political or economic system of any country illuminates its persistence and pervasiveness, making it
apparent that historic slavery has metamorphosed itself into a new type of slavery known as human
trafficking. This new type of slavery is not confined to one nation or one part of the world. It is not
restricted to one race, ethnicity, or color. It is omnipresent and indiscriminately affects all people in all
corners of the world. It takes different forms and exists in all kinds of professions and anybody can be
enslaved or be a slave driver. Trafficking has been facilitated and accelerated through recent
industrialization and urbanization along with “the rapid economic globalization, the increased flow of
capital and people, and the extension of production and distribution networks around the world.”39
Different forces of globalization such as trade and transactions, capital and investment movements,
migration and movement of people, and dissemination of knowledge have facilitated this metamorphosis.
The new form actually exceeds the old form in inequality and oppression. The new from is difficult to
identify as it exists everywhere and it is forbidden everywhere. It exists in “Orwellian doublespeak” as its
practices are rampant yet it is illegal everywhere. Everyone practices it or at least is a consumer of it but no
one admits its existence. The old slavery was justified and considered legal as it was perceived necessary
and beneficial, as compared to the new form where everyone admits it is an abomination and illegal and
proposes its eradication but enjoys the benefits of its existence.
Patterson (1982) defined slavery throughout history as “the permanent, violent domination of natally
alienated and generally dishonored persons.”40 There is a widespread agreement among scholars and
legislators that violence or the threat of violence for the control of another person is the central element of
slavery. This violence supports a relation of domination,41 an extreme power differential marked by
decentralized violence.42 Natal alienation refers to the forced loss of ties of birth and blood to both
ascending and descending generations. As cited by Quirk, “Patterson (1982) refers to slavery as ‘an
exceptional level of personalized control, ii) social and genealogical isolation, and iii) distinctive forms of
socio-political dishonor.’43 All rights and claims of heritage are severed, as the slave becomes a socially
dead person who ‘ceases to belong in his own right to any legitimate social order.’”44
Bales (2007) defines contemporary slavery similarly—more in contemporary or modern terms, where
people are forced to work through violence for the most minimum or no pay. Bales maintains that the most
significant difference between contemporary and historical slavery is that slavery is no longer legal.45
Fueled by overpopulation, primarily in the Global South, the historical shortage of slaves has been replaced
with a surplus labor (potential slaves). This increased supply of labor has resulted in a decrease in their
value and cost; slaves are cheaper today. The duration of enslavement has decreased. For example,
historically most slaves were bound for a lifetime, but the bondage of contemporary slaves is temporary,
perhaps as short as between two and five years.46 The greater availability and decreased cost of slaves has
resulted in a disincentive for the slaveholder to maintain the health and survival of the slave. A decrease in
the cost of procuring and maintaining slaves has resulted in an increase of the profits they generate.
Economic vulnerability puts individuals at a greater risk for slavery than racial or ethnic differences. Where
ethnic differences exist in modern slavery, they often reflect deeper economic disparities. However,
whereas historical slavery existed primarily in the context of racism, modern slavery is less tied to race and
color and more to economic deprivation and vulnerability.47
The fact is that the nineteenth century abolition of trans-Atlantic slavery never fully abolished slavery.
Slavery morphed itself into human trafficking, which has re-emerged only in the sense that it has re-entered
public consciousness. Slavery has always been a part of human existence and was not eliminated by the
nineteenth century abolition of trans-Atlantic slavery. In the United States, the Immigration and Customs
Enforcement (ICE), the largest investigative agency within the Department of Homeland Security, enforces
a wide range of crimes related to border security, including investigations of human smuggling and human
trafficking. In fact, ICE is one of the primary federal agencies responsible for combating human trafficking.
Bondage
Another common form of slavery is debt bondage. The UN Supplementary Convention Article 1 on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery includes debt
bondage as a practice similar to slavery. One form of coercion is the use of a bond, or debt. Debt bondage
arises from a pledge by a debtor of his personal services or of those of a person under his control as
security for a debt, “if the value of those services as reasonably assessed is not applied towards the
liquidation of the debt or the length and nature of those services are not respectively limited and defined.”48
It is referred to as “bonded labor” or “debt bondage,” the practice has long been prohibited under US law
by its Spanish name, peonage, and the Palermo Protocol calls for its criminalization as a form of trafficking
in persons. Workers around the world fall victim to debt bondage when traffickers or recruiters unlawfully
exploit an initial debt the worker assumed as part of the terms of employment. Workers may also inherit
intergenerational debt in more traditional systems of bonded labor.49
Bonded Labor and Debt Bondage among
Migrant Laborers
Abuses of contracts and hazardous conditions of employment for migrant laborers do not necessarily
constitute human trafficking. However, the burden of illegal costs and debts on these laborers in the source
country, often with the support of labor agencies and employers in the destination country, can contribute
to a situation of debt bondage. This is often exacerbated when the worker's status in the country is tied to
the employer in the context of employment-based temporary work programs and there is no effective
redress for abuse.50
Forced Labor
Forced labor is the same as involuntary servitude. It is a form of exploitation in which “unscrupulous
employers exploit workers made more vulnerable by high rates of unemployment, poverty, crime,
discrimination, corruption, political conflict, or even cultural acceptance of the practice.”51 Female victims
of forced or bonded labor, especially women and girls in domestic servitude, are often sexually exploited as
well. Sometimes forced labor is equated to contract slavery. As Free the Slaves, a nonprofit advocacy, anti-
abolitionist organization founded in 2000 states, contract slavery refers to the contract in which employees
are deceived into slavery through false employment contracts. The contracts serve as lures because it gives
an impression of the promise of genuine employment.
Sex Trafficking
Sex trafficking is when an adult is coerced, forced, or deceived into prostitution—or maintained in
prostitution—through coercion. Sex trafficking involves recruiting, transporting, harboring, receiving, or
obtaining the person for sex, prostitution, and sex slavery. Sex trafficking can also occur within debt
bondage, as women and girls are forced to continue in prostitution through the use of unlawful “debt”
purportedly incurred through their transportation, recruitment, or even their crude “sale,” which exploiters
insist they must pay off before they can be free.
The United States Department of State (2015), states that a person's initial consent to participate in
prostitution is not legally determinative, especially if an individual is thereafter held in service through
psychological manipulation or physical force.52
Chapter Review
In this chapter we have discussed what human trafficking is. We learned various aspects of trafficking to
develop an understanding of human trafficking in our contemporary world. In essence, we discussed the
following:

Historical Perspective on Human Trafficking

Definitions of Human Trafficking
Human Trafficking: A Process
Human Trafficking: Human Rights Violation
Trafficking: A Business and Market
Differences and Similarities: Human Trafficking and Slavery
Human Trafficking and Smuggling
Bondage
Debt Bondage
Bonded Labor and Labor Trafficking
Bondage and Sex Trafficking
Sexual Slavery
Discussion Questions
1) What are the differences and similarities between human trafficking and modern day
slavery?
2) List three examples that describe the differences between trafficking, smuggling, and
slavery.
3) Discuss three elements of human trafficking. How do these three elements of human
trafficking explain the human trafficking cases you read?
4) Review newspapers for a month and identify the news that is related to human trafficking.
5) Search literature and identify two human trafficking cases—one labor and one sex. Discuss
similarities and differences in these cases.
References
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Bales, Kevin. Ending slavery: How we free today's slaves. Univ. of California Press, 2007.
Bauer, Mary. “Close to Slavery: Guestworker Programs in the United States.” The Southern Poverty
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Crawford, Mary, and Michelle R. Kaufman. “Sex Trafficking in Nepal: Survivor Characteristics and
Long-Term Outcomes.” Violence Against Women 14, no. 8 (2008): 905–916.
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Further Suggested Readings
Glendon, Mary Ann. A World Made New: Eleanor Roosevelt and the Universal Declaration of Human
Rights Random House, 2001.
Human Rights Watch (HRW). The Small Hands of Slavery. New York: Human Rights Watch, 1996.
International Labour Office (ILO). Global Estimate of Forced Labour: Results and Methodology.
Special Action Programme to Combat Forced Labour (SAP-FL). Geneva: ILO, 2012.
International Labour Organization (ILO). A Global Alliance against Forced Labour. Geneva: ILO,
2005.
International Labor Organization (ILO). Training Manual to Fight Trafficking in Children for Labour,
Sexual, and Other Forms of Exploitation: Textbook 2—Advocacy against Child Trafficking at Policy
and Outreach Levels. Geneva: ILO, 2009.
International Organization for Migration (IOM). Data and Research on Human Trafficking: A Global
Survey. Geneva: IOM, 2005.
Smuggling, H., & Center, T. “Fact Sheet: Distinctions between Human Smuggling and Human
Trafficking.” Washington, DC: US State Department, 2006.
United Nations Office on Drugs and Crime (UNODC). Global Report on Trafficking in Persons.
Vienna: United Nations, 2006.
United Nations Office on Drugs and Crime (UNODC). Global Report on Trafficking in Persons.
Vienna: United Nations, 2009.
United States Department of Health and Human Services. Factsheet: HHS Fights to Stem Human
Trafficking. 2006. http://www.hhs.gov/news/factsheet/humantrafficking.html.
United States Government Accountability Office (USGAO). Human Trafficking: Better Data, Strategy,
and Reporting Needed to Enhance US Antitrafficking Efforts Abroad. Washington, DC: USGAO,
2006.
Waltz, Susan. “Reclaiming and Rebuilding the History of the Universal Declaration of Human Rights.”
Third World Quarterly 23, no. 3 (2002): 437–448.
Notes
1. United Nations Office on Drugs and Crime (UNODC). (2012). Global report on trafficking in
persons. Vienna: United Nations.
2. United Nations Office on Drugs and Crime (UNODC). (2012). Global report on trafficking in
persons. Vienna: United Nations.
3. United Nations Office on Drugs and Crime (UNODC). (2014). Global report on trafficking in
persons. Vienna: United Nations.
4. United Nations Office on Drugs and Crime (UNODC). (2004). Protocol to prevent, suppress, and
punish trafficking in persons, especially women and children. Supplement to United Nations Convention
against Transnational Organized Crime. New York, NY: United Nations.
5. United Nations Office on Drugs and Crime (UNODC). (2014). Global report on trafficking in
persons. Vienna: United Nations.
6. United Nations Office on Drugs and Crime (UNODC). (2014). Global report on trafficking in
persons. Vienna: United Nations.
7. Florida Statutes. (2016). Title XLVI: Chapter 787.06. Online Sunshine.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute.
8. Florida Statutes. (2016). Title XLVI: Chapter 787.06. Online Sunshine.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute.
9. US Department of State. Annual. Trafficking in persons report. Washington, DC: US Department
of State.
10. US Immigration and Customs Enforcement (ICE). Human trafficking.
https://www.ice.gov/human-trafficking.
11. US Department of State, Office to Monitor and Combat Trafficking in Persons. (2015). What is
modern slavery? http://www.state.gov/j/tip/what/.
12. US Department of State, Office to Monitor and Combat Trafficking in Persons. (2015). What is
modern slavery? http://www.state.gov/j/tip/what/.
13. Glendon, M. A. (2004). The rule of law in the Universal Declaration of Human Rights.
Northwestern Journal of International Human Rights, 67.
14. Glendon, M. A. (2004). The rule of law in the Universal Declaration of Human Rights.
Northwestern Journal of International Human Rights, 67.
15. Bales, K. (2012). Disposable people: New slavery in the global economy. Berkeley and Los
Angeles: University of California Press.
16. Organization for Economic Co-Operation and Development. (2008). Annual report. Paris.
https://www.oecd.org/newsroom/40556222.pdf.
17. US Department of State, Office to Monitor and Combat Trafficking in Persons. (2015). What is
modern slavery? http://www.state.gov/j/tip/what/.
18. United Nations Human Rights Office of the High Commissioner (2014). Human Rights and
Human Trafficking, Fact Sheet No. 36. http://www.ohchr.org/Documents/Publications/FS36_en.pdf.
19. United Nations Human Rights Office of the High Commissioner.(2014). Who we are.
http://www.ohchr.org/EN/AboutUs/Pages/WhoWeAre.aspx.
20. US Department of State, Office to Monitor and Combat Trafficking in Persons. (2015). What is
modern slavery? http://www.state.gov/j/tip/what/.
21. US Department of State. (2015, July). Trafficking in persons report. Washington, DC: US
Department of State.
22. US Department of State. (2008). Trafficking in Persons Report.
https://www.state.gov/j/tip/rls/tiprpt/2008/.
 23. The Organization for Economic Co-operation and Development (OECD). (2015).
https://www.oecd.org/unitedstates/.
24. Commission Implementing Regulation (EU) No 577/2011 of 16 June 2011 amending for the 149th
time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed
against certain persons and entities associated with Usama bin Laden, the Al-Qaida network, and the
Taliban.
25. United Nations Sixty-Seventh General Assembly, Third Committee, Seventh Meeting. (2012).
A/RES/67/1.
26. Haken, J. (2011, February). Transnational crime in the developing world. Washington, DC:
Global Financial Integrity.
27. Shelley, L. I. (2014). Human smuggling and trafficking into Europe: A comparative perspective.
Washington, DC: Migration Policy Institute, Transatlantic Council on Migration.
28. International Labour Organization. (2012). ILO global estimate of forced labour: Results and
methodology. Geneva: ILO, International Labour Office, Special Action Programme to Combat Forced
Labour (SAP-FL).
29. Haken, J. (2011, February). Transnational crime in the developing world. Washington, DC:
Global Financial Integrity.
30. United Nations Sixty-Seventh General Assembly, Third Committee, Seventh Meeting. (2012).
A/RES/67/1.
31. Schauer, E. J., & Wheaton, E. M. (2006). Sex trafficking into the United States: A literature
review. Criminal Justice Review, 31(2), 146–169.
32. International Labour Organization. (2012). ILO global estimate of forced labour: Results and
methodology. Geneva, ILO, International Labour Office, Special Action Programme to Combat Forced
Labour (SAP-FL).
33. Wheaton, E. M., Schauer, E. J., & Galli, T. V. (2010). Economics of human trafficking.
International Migration, 48(4), 114–141.
34. Misra, Neha Human Trafficking: A Big Business Built on Forced Labor (2013).
http://www.huffingtonpost.com/neha-misra/human-trafficking-a-big-b_b_2602398.html.
35. Slavery Convention: Signed at Geneva on 25 September 1926 Entry into force: 9 March 1927, in
accordance with article 12.
http://www.ohchr.org/EN/ProfessionalInterest/Pages/SlaveryConvention.aspx.
36. Jordan, A. (2011, February). Slavery, forced labour, debt bondage and human trafficking: From
conceptual confusion to targeted solutions. Issue Paper, 2.
37. United Nations Office on Drugs and Crime (UNODC). (2004). Protocol to prevent, suppress, and
punish trafficking in persons, especially women and children. Supplement to United Nations Convention
against Transnational Organized Crime. New York, NY: United Nations.
38. Androff, D. K. (2011). The problem of contemporary slavery: An international human rights
challenge for social work. International Social Work, 54(2), 209–222.
39. Lyons, K. (2006). Globalization and social work: International and local implications. British
Journal of Social Work, 36, 365–80.
40. Patterson, O. (1982). Slavery and social death: A comparative study. Cambridge, MA: Harvard
University Press.
41. Patterson, O. (1982). Slavery and social death: A comparative study. Cambridge, MA: Harvard
University Press.
42. Bales, K. (2007). Ending slavery: How we free today's slaves. Berkeley, CA: University of
California Press.
43. Patterson, O. (1982). Slavery and social death: A comparative study. Cambridge, MA: Harvard
University Press.
44. Quirk, J. (2008). Unfinished Business: A comparative survey of historical and contemporary
slavery. African Diaspora Archaeology Newsletter, 11(4), 20. Patterson, O. (1982). Slavery and social
death: A comparative study. Cambridge, MA: Harvard University Press.
45. Bales, K. (2007). Ending slavery: How we free today's slaves. Berkeley, CA: University of
California Press.
46. This endnote has three references:
1) Crawford, M., & M. Kaufman. (2008). Sex trafficking in Nepal. Violence Against Women,
14(8), 905–16.
2) Human Rights Center (HRC). (2005). Freedom denied: Forced labor in California. Berkeley,
CA: University of California.
3) Tsutsumi, A., T. Izutsu, A. Poudyal, S. Kato, & E. Marui. (2008). Mental health of female
survivors of human trafficking in Nepal. Social Science and Medicine, 66, 1841–7.
47. Bales, K. (2007). Ending slavery: How we free today's slaves. Berkeley, CA: University of
California Press.
48. United Nations Human Rights Office of the High Commissioner. (1956, April 30). Supplementary
convention on the abolition of slavery the slave trade, and institutions and practices similar to slavery.
http://www.ohchr.org/EN/ProfessionalInterest/Pages/SupplementaryConventionAbolitionOfSlavery.aspx.
49. US Department of State, Office to Monitor and Combat Trafficking in Persons. (2015). What is
modern slavery? http://www.state.gov/j/tip/what/.
50. US Department of State, Office to Monitor and Combat Trafficking in Persons. (2015). What is
modern slavery? http://www.state.gov/j/tip/what/.
51. US Department of State, Office to Monitor and Combat Trafficking in Persons. (2015). What is
modern slavery? http://www.state.gov/j/tip/what/.
52. US Department of State, Office to Monitor and Combat Trafficking in Persons. (2015). What is
modern slavery? http://www.state.gov/j/tip/what/.
 Chapter 2

Trafficking in Persons:
Historical and Global
Perspectives
Chapter Objectives
This chapter provides a comprehensive understanding of the following:

Human Trafficking—Historical and Global Perspectives

The United States Constitution and Outlaw of Slavery
The United States and Human Trafficking
History of Human Trafficking Legislation
Human Trafficking across Borders
Human Trafficking: A Transnational Crime
Origin and Destination Countries: Trafficking in Persons is Ubiquitous in Nature
Human Trafficking Profits
Global Poverty, Homelessness, Unemployment, and Human Trafficking
Human Trafficking: A Global Health Issue
Human Trafficking: Individual Enterprise or Organized Business?
Profits and Human Trafficking
Introduction: Human Trafficking—
Historical and Global Perspectives
Human trafficking has often been equated to slavery and modern slavery.1 Sometimes it is referred to as
slavery while other times modern slavery. According to the 2014 Global Slavery Index (2015), modern
slavery is a hidden crime and it takes many forms, such as slavery, forced labor, or human trafficking.
Regardless of the form, “it involves one person depriving another person of their freedom: their freedom to
leave one job for another, their freedom to leave one workplace for another, their freedom to control their
own body.”2
However, compared to slavery, “Trafficking in Persons” in its present form, has a much shorter history.
Slavery dates back to the prehistoric hunting societies. It has survived throughout the history of mankind as
a universal institution. Although slaves have always been subjected to physical and sexual exploitation,
discussion of human trafficking in the context of exploitation and equivalence to slavery has begun fairly
recently. That perhaps is the reason why human trafficking is often perceived in the context of slavery.
According to the 2014 Global Slavery Index (2015), slavery involves one person possessing or controlling
another person to significantly deprive that person of their individual liberty, with the intention of
exploiting that person through their use, management, profit, transfer, or disposal.3
This chapter presents an overview of human trafficking from historical and global perspectives. This
chapter examines conception and evolution of human trafficking legislation, policies, and programs. It
addresses discussions about human trafficking in terms of “slavery” and “modern slavery” so as to
facilitate understanding of human trafficking in its present form.

The United States Constitution and

Outlaw of Slavery
The Declaration of Independence—one of the founding documents of the United States—proclaims “that
all men are created equal [and] that they are endowed by their Creator with certain unalienable rights.” The
right to be free from slavery and involuntary servitude is among those unalienable rights. This founding
document recognizes the inherent dignity and worth of all people. Based on the essence of this document,
in 1865, the United States acknowledged slavery and involuntary servitude as evil institutions.
Consequently, slavery and involuntary servitude were abolished by law in the United States in 1865.

The United States and Human Trafficking

The 106th Congress in 2000 reported that the current practices of sexual slavery and trafficking of
women and children are similar to slavery and involuntary servitude and are similarly abhorrent to the
principles upon which the United States was founded. The Congress also affirmed that such practices are in
direct contradiction to the unalienable rights provided to all. The Congress demanded that such abhorrent
practices must be stopped.
History of Human Trafficking Legislation
White-Slave Traffic Act (The Mann Act)
As far as it can be determined, first law prohibiting transporting women from one state to another for the
purposes of sex work is the White-Slave Traffic Act, also known as the Mann Act. This act is the first
federal human trafficking law in the United States, and was passed on June 25, 1910. Prior to the
criminalization of human trafficking in 1910, international conferences against white slavery were
organized in 1899 and 1902. In 1904, the International Agreement for the Suppression of the “White Slave
Traffic,” the first international agreement on human trafficking, was signed.4
This agreement was designed to ensure repatriation of the victims. The criminalization of white slavery
did not occur until the signing of the International Convention for the Suppression of the White Slave
Trade (the Mann Act) in 1910. The Mann Act criminalized transportation of women across state lines “for
the purpose of prostitution or debauchery, or for any other immoral purpose.” The main objective of this
act was to combat forced prostitution. However, the law is broadly worded and courts have used it to
criminalize many other forms of consensual sexual and other illegal activities.

The First Formal Human Trafficking Task Force (1923)

The Mann Act was followed by the establishment of the first formal task force in 1923, to investigate
and submit a formal report on trafficking in women and children. Prior to the establishment of the first
human trafficking task force, the League of Nations was established in 1920. Its primary goals included
preventing wars through collective security and disarmament and settling international disputes through
negotiation and arbitration. It included treaties addressing labor conditions, just treatment of native
inhabitants, human and drug trafficking, arms trade, global health, prisoners of war, and protection of
minorities in Europe. This was the first time that human trafficking was formally addressed at an
international level.
It stated:
Subject to and in accordance with the provisions of international conventions existing or hereafter
to be agreed upon, the Members of the League:
(a) will endeavor to secure and maintain fair and humane conditions of labor for men, women, and
children, both in their own countries and in all countries to which their commercial and
industrial relations extend, and for that purpose will establish and maintain the necessary
international organizations ...5
All the elements of trafficking—such as slavery and involuntary servitude, violence against women,
forced labor, forced marriages, and other forms of inhuman behavior—have repeatedly been condemned by
the international community through declarations, treaties, and United Nations resolutions and reports.
Below is a brief history of such efforts.
The American Declaration of the Rights and Duties of Man, also known as the Bogota Declaration,
was the world's first international human rights instrument of a general nature, predating the Universal
Declaration of Human Rights by less than a year. The declaration was adopted by the nations of the
Americas at the Ninth International Conference of American States in Bogotá, Colombia, in April 1948.6
The same meeting adopted the Charter of the Organization of American States and thereby created the
Organization of American States, known as OAS.
In 1957, the Abolition of Forced Labor Convention—also known as Convention concerning the
Abolition of Forced Labor (No. 105) was held. This is one of the eight ILO fundamental conventions of the
International Labor Organization, which cancels certain forms of forced labor still allowed under the
Forced Labor Convention of 1930, such as punishment for strikes and as a punishment for holding certain
political views.7 In order to implement the 1930 Forced Labor Convention and the 1957 Abolition of
Forced Labor Convention, the Special Action Program to Combat Forced Labor was set up.
The Universal Declaration of Human Rights (UDHR), drafted by representatives with different legal and
cultural backgrounds from all regions of the world, was proclaimed by the United Nations General
Assembly at the Palais de Chaillot in Paris on December 10, 1948, (General Assembly Resolution 217 A)
as a common standard of achievements for all peoples and all nations.8 The declaration arose directly from
the experience of the Second World War and represents the first global expression of what many people
believe to be the rights to which all human beings are inherently entitled. It sets out, for the first time,
fundamental human rights to be universally protected.9
The fundamental rights afforded to all human beings outlined in the United Nations Universal
Declaration of Human Rights offer some protection to trafficked persons, such as the right to freedom from
slavery and servitude, freedom of movement, and freedom from inhuman or degrading treatment.10
Through this declaration and that of the Council of Europe Convention on Action Against Trafficking in
Human Beings, human trafficking has been seen as a violation of human rights.
Below are the relevant UDHR articles.
Article 1 of UDHR states that:
All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.
Article 3 of UDHR states that:
Everyone has the right to life, liberty and security of person.
Article 4 of UDHR states that:
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in
all their forms.11
The 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery was adopted by a Conference of Plenipotentiaries convened by Economic and
Social Council Resolution 608 (XXI) of April 30, 1956, done at Geneva on September 7, 1956, and entered
into force on April 30, 1957, in accordance with Article 13. This declared that no one shall be held in
slavery or servitude and that slavery and the slave trade shall be prohibited in all their forms.
Section I. Institutions and practices similar to slavery, Article 1 states that
Each of the States Parties to this Convention shall take all practicable and necessary legislative
and other measures to bring about progressively and as soon as possible the complete abolition
or abandonment of the following institutions and practices, where they still exist and whether or
not they are covered by the definition of slavery contained in article 1 of the Slavery Convention
signed at Geneva on 25 September 1926:
(a) Debt bondage, that is to say, the status or condition arising from a pledge by a debtor of his
personal services or of those of a person under his control as security for a debt, if the value of
those services as reasonably assessed is not applied towards the liquidation of the debt or the
length and nature of those services are not respectively limited and defined;
(b) Serfdom, that is to say, the condition or status of a tenant who is by law, custom or agreement
bound to live and labor on land belonging to another person and to render some determinate
service to such other person, whether for reward or not, and is not free to change his status;
(c) Any institution or practice whereby:
(i) A woman, without the right to refuse, is promised or given in marriage on payment of a
consideration in money or in kind to her parents, guardian, family or any other person or
 group; or
(ii) The husband of a woman, his family, or his clan, has the right to transfer her to another
person for value received or otherwise; or
(iii) A woman on the death of her husband is liable to be inherited by another person;
(d) Any institution or practice whereby a child or young person under the age of 18 years, is
delivered by either or both of his natural parents or by his guardian to another person, whether
for reward or not, with a view to the exploitation of the child or young person or of his labor.
Section II. The slave trade, Article 3 declared that
1. The act of conveying or attempting to convey slaves from one country to another by
whatever means of transport, or of being accessory thereto, shall be a criminal offence under the
laws of the States Parties to this Convention and persons convicted thereof shall be liable to very
severe penalties.
2. (a) The States Parties shall take all effective measures to prevent ships and aircraft
authorized to fly their flags from conveying slaves and to punish persons guilty of such
acts or of using national flags for that purpose.
(b) The States Parties shall take all effective measures to ensure that their ports, airfields and
coasts are not used for the conveyance of slaves.
3. The States Parties to this Convention shall exchange information in order to ensure the
practical co-ordination of the measures taken by them in combating the slave trade and shall
inform each other of every case of the slave trade, and of every attempt to commit this criminal
offence, which comes to their notice.12
The International Covenant on Civil and Political Rights (ICCPR)—a multilateral treaty—was
adopted by the United Nations General Assembly on December 16, 1966. The ICCPR has been in force
since March 23, 1976. According to this covenant, all parties must respect the civil and political rights of
individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly,
electoral rights, and rights to due process and a fair trial. Currently, the covenant has 74 signatories and 168
parties. The ICCPR is part of the International Bill of Human Rights, along with the International Covenant
on Economic, Social and Cultural Rights (ICESCR), and the Universal Declaration of Human Rights
(UDHR) (The United Nations Human Rights, The Office of the High Commissioner).13
Human Trafficking as a Human Rights Violation
Human Trafficking Declared a Human
Rights Violation (1949)
In 1921, following the establishment of the Covenant of the League of Nations, 33 countries at a League
of Nations international conference signed the International Convention for the Suppression of Trafficking
in Women and Children. At this time, human trafficking only covered trafficking for the purposes of sexual
exploitation and prostitution.

United Nations Protocol to Prevent, Suppress and

Punish Trafficking in Persons, Especially
Women and Children (2000)
More than half a century (51 years) after the UN Convention for the Suppression of the Trafficking in
Persons and of the Exploitation of the Prostitution of Others declared human trafficking a human rights
issue, the United Nations criminalized human trafficking under the protocols of Transnational Organized
Crime in 2000 and adopted the United Nations Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children.14
On November 15, 2000, the United Nations General Assembly passed Resolution 55/25 adopting the
Convention against Transnational Organized Crime and its supplemental protocols. The Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children was adopted by the
United Nations General Assembly in 2000 and entered into force on December 25, 2003. As of June 2015,
it has been ratified by 167 parties. This protocol is also known as Palermo Protocol.15
It was the first agreement that acknowledged modern-day slavery, as well as the possibility of men being
victims of human trafficking. During the 51 years between the 1949 convention and the adoption of the
United Nations protocol in 2000, other forms of exploitation, such as organ harvesting, slavery, and forced
labor migration, were added to the definition.

Trafficking Victims Protection Act (2000)

Following the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, in 2000,
the United States Congress passed a federal statute—the Trafficking Victims Protection Act (TVPA)—into
a law, offering protections for persons who may be illegally in the country and victims of human
trafficking. Public Law 106–386, 114 Stat. 1465, was passed in 2000:
1) to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude,
2) to reauthorize certain federal programs to prevent violence against women, and for other purposes.
Under this public law, the Trafficking Victims Protection Act of 2000 was established. The purposes of
this division are to combat trafficking in persons, a contemporary manifestation of slavery whose victims
are predominantly women and children, to ensure just and effective punishment of traffickers, and to
protect their victims. Public Law 106–386 was passed based on the findings of the 106th Congress.16 Some
selected findings of the Congress are reported below.
Congress finds that:
(1) As the 21st century begins, the degrading institution of slavery continues throughout the
world. Trafficking in persons is a modern form of slavery, and it is the largest manifestation of
slavery today. At least 700,000 persons annually, primarily women and children, are trafficked
within or across international borders. Approximately 50,000 women and children are trafficked
into the United States each year.
(2) Many of these persons are trafficked into the international sex trade, often by force, fraud, or
coercion. The sex industry has rapidly expanded over the past several decades. It involves sexual
exploitation of persons, predominantly women and girls, involving activities related to
prostitution, pornography, sex tourism, and other commercial sexual services. The low status of
women in many parts of the world has contributed to a burgeoning of the trafficking industry.
(3) Trafficking in persons is not limited to the sex industry. This growing transnational crime
also includes forced labor and involves significant violations of labor, public health, and human
rights standards worldwide.
(5) Traffickers often transport victims from their home communities to unfamiliar destinations,
including foreign countries away from family and friends, religious institutions, and other
sources of protection and support, leaving the victims defenseless and vulnerable.
(6) Victims are often forced through physical violence to engage in sex acts or perform slavery-
like labor. Such force includes rape and other forms of sexual abuse, torture, starvation,
imprisonment, threats, psychological abuse, and coercion.
(10) Trafficking also involves violations of other laws, including labor and immigration codes
and laws against kidnapping, slavery, false imprisonment, assault, battery, pandering, fraud, and
extortion.
(11) Trafficking exposes victims to serious health risks. Women and children trafficked in the
sex industry are exposed to deadly diseases, including HIV and AIDS. Trafficking victims are
sometimes worked or physically brutalized to death.
(12) Trafficking in persons substantially affects interstate and foreign commerce. Trafficking for
such purposes as involuntary servitude, peonage, and other forms of forced labor has an impact
on the nationwide employment network and labor market. Within the context of slavery,
servitude, and labor or services which are obtained or maintained through coercive conduct that
amounts to a condition of servitude, victims are subjected to a range of violations.
(13) Involuntary servitude statutes are intended to reach cases in which persons are held in a
condition of servitude through nonviolent coercion. In United States v. Kozminski, 487 U.S. 931
(1988), the Supreme Court found that section 1584 of title 18, United States Code, should be
narrowly interpreted, absent a definition of involuntary servitude by Congress. As a result, that
section was interpreted to criminalize only servitude that is brought about through use or
threatened use of physical or legal coercion, and to exclude other conduct that can have the same
purpose and effect.
(22) One of the founding documents of the United States, the Declaration of Independence,
recognizes the inherent dignity and worth of all people. It states that all men are created equal
and that they are endowed by their Creator with certain unalienable rights. The right to be free
from slavery and involuntary servitude is among those unalienable rights. Acknowledging this
fact, the United States outlawed slavery and involuntary servitude in 1865, recognizing them as
evil institutions that must be abolished. Current practices of sexual slavery and trafficking of
women and children are similarly abhorrent to the principles upon which the United States was
founded.
(23) The United States and the international community agree that trafficking in persons
involves grave violations of human rights and is a matter of pressing international concern. The
international community has repeatedly condemned slavery and involuntary servitude, violence
against women, and other elements of trafficking, through declarations, treaties, and United
Nations resolutions and reports, including the Universal Declaration of Human Rights; the 1956
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery; the 1948 American Declaration on the Rights and Duties of Man;
 the 1957 Abolition of Forced Labor Convention; the International Covenant on Civil and
Political Rights; the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; United Nations General Assembly Resolutions 50/167, 51/66, and
52/98; the Final Report of the World Congress against Sexual Exploitation of Children
(Stockholm, 1996); the Fourth World Conference on Women (Beijing, 1995); and the 1991
Moscow Document of the Organization for Security and Cooperation in Europe.
The Trafficking Victims Protection Act of 2000, Sec. 103, defines significant terms. Some of these
definitions are included here.
In this division:
(2) COERCION.—The term “coercion” means—
(A) threats of serious harm to or physical restraint against any person;
(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an
act would result in serious harm to or physical restraint against any person; or
(C) the abuse or threatened abuse of the legal process.
(3) COMMERCIAL SEX ACT.—The term “commercial sex act” means any sex act on account
of which anything of value is given to or received by any person.
(4) DEBT BONDAGE.—The term “debt bondage” means the status or condition of a debtor
arising from a pledge by the debtor of his or her personal services or of those of a person under
his or her control as a security for debt, if the value of those services as reasonably assessed is
not applied toward the liquidation of the debt or the length and nature of those services are not
respectively limited and defined.
(5) INVOLUNTARY SERVITUDE,—The term “involuntary servitude” includes a condition of
servitude induced by means of—
(A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not
enter into or continue in such condition, that person or another person would suffer serious harm
or physical restraint; or
(B) the abuse or threatened abuse of the legal process.
(6) MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.—The term
“minimum standards for the elimination of trafficking” means the standards set forth in section
108.17

The Office to Monitor and Combat Trafficking in

Persons (2001)
Soon after the US Congress passed a federal statute, the Trafficking Victims Protection Act (TVPA),
into law, the Office to Monitor and Combat Trafficking in Persons (OMCTP) was established in October
2001. The Trafficking Victims Protection Act has been subsequently renewed and reauthorized in 2003,
2006, 2008, and most recently in 2013 as an amendment to the Violence Against Women Act (VAWA).
Currently, the Bureau of Justice Assistance (BJA) in coordination with the Office for Victims of Crime
(OVC) and the Department of Health and Human Services (DHHS) is engaged in making concerted efforts
to address human trafficking.

Human Trafficking Included as a Part 1 Crime in the

Uniform Crime Reports
Following a mandate of the William Wilberforce Trafficking Victims Protection Reauthorization Act of
2008, human trafficking is now included as a Part 1 crime in the Uniform Crime Reports. The FBI's
Uniform Crime Reporting (UCR) Program began collecting data regarding human trafficking on January 1,
2013. Since January 1, 2013, UCR has two new categories of human trafficking: (i) commercial sex acts
and (ii) involuntary servitude. The UCR defines these offenses as follows:
Human trafficking/commercial sex acts—Inducing a person by force, fraud, or coercion to
participate in commercial sex acts, or in which the person induced to perform such act(s) has not
attained 18 years of age.
Human trafficking/involuntary servitude—The obtaining of a person(s) through recruitment,
harboring, transportation, or provision, and subjecting such persons by force, fraud, or coercion
into involuntary servitude, peonage, debt bondage, or slavery (not to include commercial sex
acts).
Law enforcement agencies can submit data about human trafficking and prostitution through either one
of the UCR Program's two reporting systems: The National Incident-Based Reporting System (NIBRS) or
the traditional Summary Reporting System (SRS), both of which define the offenses the same.
Human trafficking/commercial sex acts and human trafficking/involuntary servitude are Group A
offenses in the NIBRS and Part I offenses in the SRS; agencies can submit both offense and arrest data for
these offenses.
The crimes of assisting or promoting prostitution, purchasing prostitution, and prostitution are Group A
offenses in the NIBRS, which captures offense and arrest data for Group A offenses, and Part II offenses in
the SRS, which collects only arrest data for Part II crimes.18
Since 2004, BJA has funded a total of 42 Anti-Human Trafficking Task Forces. Those task forces have
identified 3,336 persons as potential victims of human trafficking and have requested either continued
presence or endorsed T-visa applications for 397 of those potential victims. The task forces have also
trained 85,685 law enforcement officers and others in identifying the signs of human trafficking and its
victims. Currently, BJA, in coordination with OVC, is funding 13 Anti-Human Trafficking Task Forces.19
Human Trafficking across Borders
Human Trafficking: Transnational Crime
As discussed earlier, the consideration of human trafficking as a significant national or intellectual
concern is relatively new. It was not until the late 1990s that states began the task of differentiating
trafficking from other practices with which it was commonly associated.20 It was generally perceived that
trafficking in persons is a transnational crime that transcends borders. It involves transportation of human
beings across borders for exploitation, especially young women and girls for sex and men and young boys
for labor. More recently, it is recognized that victims of trafficking do not necessarily need to be
transported from foreign countries. In fact, human trafficking can occur within the same country, state,
region, or even within the same city. It does not need to be transcending borders. This is evident from the
findings reported by 106th Congress. For example, the first finding related that, “Trafficking in persons is a
modern form of slavery, and it is the largest manifestation of slavery today. At least 700,000 persons
annually, primarily women and children, are trafficked within or across international borders ...”21 This is
one of the findings that Public Law 106–386, 114 Stat. 1465, is based upon.

Origin and Destination Countries:

Trafficking in Persons is Ubiquitous in Nature
According to the Global Report on Trafficking in Persons issued by the United Nations Office on Drugs
and Crime (UNODC) in 2014, the crime of trafficking in persons affects virtually every country in every
region of the world. Trafficking in persons is a global crime that transcends any boundaries and is
ubiquitous in nature. The report stated that “between 2010 and 2012, victims with 152 different citizenships
were identified in 124 countries across the globe”.22 There are cases in which trafficking flows connect the
same origin country and destination country. UNODC has identified at least 510 flows. The UNODC
reports that these figures may not be the true representation of the actual numbers. It predicts that the actual
figures are perhaps much higher.23 Most victims are trafficked close to home, within the region or even in
their country of origin, and their exploiters are often fellow citizens. In some areas, trafficking for armed
combat or petty crime, for example, are significant problems.
The 2014 Global Slavery Index (2015), reported that there are an estimated 35.8 million men, women,
and children trapped in modern slavery. The world map is presented in Figure 1. This map demonstrates
that all countries in the world are affected by human trafficking. Majority of the countries are both “origin”
and “destination” countries.24

Figure 1: The 2013 Global Slavery Index

Human Trafficking Profits
Modern slavery is a big business and significantly contributes to the world economy. According to the
2014 Global Slavery Index (2015), slaves are used in production of at least 122 goods from 58 countries
worldwide. The International Labor Organization (ILO) estimates the illicit profits of forced labor to be
US$150 billion a year.25
According to the Global Report on Trafficking in Persons issued by the UNODC (2012), human
trafficking is a crime that ruthlessly exploits women, children, and men for numerous purposes including
forced labor and sex. This global crime generates billions of dollars in profits for the traffickers. The
International Labor Organization estimates that 20.9 million people are victims of forced labor globally.
This estimate also includes victims of human trafficking for labor and sexual exploitation.26
According to the ILO Report Profits and Poverty: The Economics of Forced Labor, (2014), the
trafficked labor generated annual profits of US$150 billion. The report highlighted that two thirds of the
estimated total of US$150 billion, or US$99 billion, came from commercial sexual exploitation, while
another US$51 billion resulted from forced economic exploitation, including domestic work, agriculture,
and other economic activities. The report indicated that more than 50 percent of the trafficked labor
primarily in the areas of commercial sexual exploitation and domestic work is provided by women and
girls. The other sectors such as agriculture, construction, and mining use men and boys. According to this
report, trafficked labor brought a profit of US$34 billion to construction, manufacturing, mining, and
utilities and US$9 billion to agriculture, including forestry and fishing. Private households saved US$8
billion by not paying or underpaying to the trafficked domestic workers.27

Figure 2: Annual Profits of Forced Labor per Region

Figure 3: Annual Profit per Victim of Forced Labor per Region

Figure 4: Annual Profits per Victim per Sector of Exploitation

Poverty, Unemployment, Homelessness, and
Human Trafficking
Poverty and unemployment are two of the most significant precursors of trafficking victimization. There
is a great demand for cheap labor in the world. The global economic crisis and increase in population has
left many people looking for jobs far from home. Desperate people looking for survival are easy targets for
deception and fraud. They are often deceived and tricked into forced labor or sexual exploitation. Poverty
and unemployment place the poor at a higher risk of being in debt. Poor and unemployed people leave their
homes for urban and metropolitan areas to find employment. Traffickers exploit poor people's
unemployment status and their inability to pay the debts and/or find employment, and their desire to have a
better life for themselves and their families. The poor and unemployed drowning in debt become easy
targets for fraud and manipulation. Although anyone, regardless of socioeconomic status, education, age, or
gender, can be a victim of human trafficking, data shows that majority of the victims are often
impoverished, illiterate, and living under very poor conditions.28
According to a report, “An Introduction to Human Trafficking: Vulnerability, Impact and Action,”
issued by the UNODC (2008), the poor, isolated and weak become easy targets for exploitation by
traffickers. Figure 5 presents the causes of human trafficking.29

Figure 5: Precursors of Trafficking Victimization

The global financial crisis, high unemployment, and poor economy lead to a rise in the supply of poor
and unemployed workers willing to take poorly paid jobs. In 2009, an ILO global employment report titled
Cost of Coercion estimated that migrant workers around the world lose more than $20 billion through the
“cost of coercion.”30 During the times when employment rates are high, poverty and the cheap labor supply
proliferate. Competition and scarcity of employment results in pressure on young workers, including
women, to seek work away from home or abroad. This enhances the risks of exploitation and trafficking.
The ILO report (2009) stated that the “traffickers and exploitative employers prey on an expanding pool of
more vulnerable and unprotected workers ...”31
Human Trafficking: A Global Health Issue
According to ILO Report (2012), human trafficking poses a serious emerging global public health threat
that involves a great number of victims worldwide each year. Figure 6 presents estimates of the number of
victims of forced labor by region in the world.
According to this report, 18.7 million (90 percent) are exploited in the private economy, by individuals
or enterprises. Of these, 4.5 million (22 percent) are victims of forced sexual exploitation and 14.2 million
(68 percent) are victims of forced labor exploitation in economic activities, such as agriculture,
construction, domestic work, or manufacturing, and 2.2 million (10 percent) are in state-imposed forms of
forced labor, for example in prisons, or in work imposed by the state military or by rebel armed forces.32

Figure 6: Victims of Forced Labor by Region in the World

Trafficking victims are placed in horrifically risky situations. Belser (2005), Oram (2012), and
Zimmerman et al. (2009) report that trafficking victims are recruited from vulnerable populations and
geographic areas. Generally, people who fall prey to the tactics of traffickers are running from a variety of
problems such as poverty, abuse (physical and/or sexual), homelessness, mental or physical illnesses, etc.
They are easily enticed with the promises of economic prosperity, education, security, or love. However,
rather than having employment, job security, and prosperity they are trapped in coercive situations as
varied as forced prostitution, agricultural labor, factory labor, and domestic servitude. Often they are also in
debt which they are unable to pay. Victims may be used for organs. They may be transported from other
countries, or trafficked “domestically” within national and local borders. Despite their national origin and
immigration status, they are vulnerable to a wide range of physical and psychological maladies as a result
of coercion and horrendous experiences—leading to a wide variety of physical and mental maladies.33
The United States Government Accounting Office (2006) stated that human trafficking is a worldwide
form of exploitation in which men, women, and children are bought, sold, and held against their will in
involuntary servitude. In addition to the tremendous personal damage suffered by individual trafficking
victims, this global crime has broad societal repercussions, such as fueling criminal networks and imposing
public health costs.34
 Human trafficking has severe adverse effects on the health, development, and overall well-being of
vulnerable young people globally and in the United States. Victims are subjected to physical, sexual, and
emotional violence. They are manipulated through violence, fraud, coercion, drugs, and other means that
may work. Victims of human trafficking come from diverse backgrounds in terms of geography, income,
race, ethnicity, religion, sex, and sexual orientation. They, perhaps, are among the “most marginalized and
abused in our society.35” As trafficking victims, they are subjected to abuse, torture, exploitation, and other
forms of maltreatment including physical, sexual, mental, and psychological abuse. For example, children
and adolescents who have experienced sex trafficking include young people who have been sexually
abused as well as youth who lack stable housing or live in dysfunctional families. They themselves may
have been addicted to drugs and alcohol even prior to the recruitment. They may have experienced
homelessness, foster care placement, or juvenile justice involvement.36
Literature indicates that effects of human trafficking are felt in all aspects of physical, mental, and sexual
health. Trafficking victims may suffer from an array of physical and psychological health issues stemming
from inhumane living conditions, poor sanitation, inadequate nutrition, poor personal hygiene, brutal
physical and emotional attacks at the hands of their traffickers, dangerous workplace conditions,
occupational hazards, and general lack of quality healthcare. They may suffer from sexually transmitted
diseases, pregnancies, and abortions as a result of repeated rapes; chronic back, hearing, cardiovascular, or
respiratory problems from endless days toiling in dangerous agriculture, sweatshop, or construction
conditions; weak eyes and other eye problems from working in dimly lit sweatshops; malnourishment; and
serious dental problems. Younger individuals often suffer from retarded growth and poorly formed or
rotted teeth; infectious diseases like tuberculosis; undetected or untreated diseases, such as diabetes or
cancer; bruises, scars, and other signs of physical abuse and torture; and substance abuse problems or
addictions either from being coerced into drug use by their traffickers or by turning to substance abuse to
help cope with or mentally escape their desperate situations.

Figure 7: Health Consequences of Trafficking in Persons Victimization

In terms of physical, mental, and psychological health, victims of trafficking experience high rates of
depression and post-traumatic stress disorder. They suffer from anxiety, aggression, suicidal ideations, and
other similar disorders. In terms of sexual health, victims often suffer from unwanted pregnancies,
miscarriages, sexually transmitted infections, and a myriad of other sexual dysfunctions. Often high rates of
posttraumatic stress disorder, anxiety disorder, substance abuse, depression, and panic attacks coexist in
survivors of violence/trauma events. Figure 7 presents health consequences of human trafficking.
Trafficking victims often are subjected to beatings; burns, tattooing, or branding for identification;
forced drug use; shame; and humiliation. Traffickers may confiscate all forms of identification, including
passports, to prevent victims from fleeing. Some victims may begin to feel that they are in romantic
relationships with their traffickers and may identify them as their intimate partners. With migration across
state or country borders, victims may be disoriented or may not speak the local language, making it
difficult for them to ask for help. The adverse effects of such prolonged mistreatment are felt in all three
spheres of health, as discussed above.
Human Trafficking: Individual Enterprise or
Organized Business?
“The global integration of economies, including labor markets, has brought many opportunities for
workers and businesses. Despite the past years of economic crisis, it has generally spurred economic
growth. However, the growth in the global economy has not been beneficial for all. Today, about 21
million men, women and children are in forced labor, trafficked, held in debt bondage or work in slave-like
conditions.”37
According to Human Rights First (2015), 150 years after the United States ratified the Thirteenth
Amendment, officially abolishing slavery, human trafficking is the fastest growing criminal enterprise in
the world, entrapping an estimated 21 million victims.38 The Organization for Security and Co-operation in
Europe (2010), reported that human trafficking is the second largest criminal enterprise in the world,
earning exploiters more than US$150 billion each year. The human trafficking business promises high
monetary rewards with very little cost and very low risk of punishment. It may involve transnational
recruitment of victims who are then transported across borders into another country for labor and sex
exploitation. It may occur domestically—where little or no transportation is involved in recruitment.
However, in all cases, victims are exploited for labor and sex in the same manner without any consideration
of whether victims are domestic in origin or international citizens.39
Victims of modern-day slavery can be found in virtually every state and city in America, working in
construction, manufacturing, agriculture, as domestic workers, in brothels, and in many other industries.
Victims are kept as prisoners in private homes and/or hotels run by corporate business men to be exploited
for labor and sex. In the labor sector, victims are forced to work in agricultural farms, factories, and fishing
boats for little or no pay. In the sex industry, women, girls, and boys are forced to work in brothels, on the
streets, and traded from brothel to brothel in sex trafficking rings. The main motive—regardless of labor or
sex—under all these forms of exploitation is greed. Human trafficking is a lucrative criminal enterprise,
generating an enormous amount of profits at almost negligible cost.
Box 1 and Box 2 present two trafficking cases prosecuted in the United States.

Box 1: Essex County Man Admits Helping Run

Human Trafficking Ring for Hair Salon
Box 2: The Case of the Florida Fruit-Pickers Slave Ring—
Labor Boss Gets 15 Years for Heinous Crimes
 It is a business, where the business owner makes a one-time small investment and keeps making
inordinate amounts of profit through recycling the one-time small investment.
Trafficking as a business is run similarly to regular business enterprises. It can be run as a small business
or a large complex corporate business. “Traffickers could range from small-time, solo operators to loose
networks of criminals, to highly sophisticated criminal organizations that operate internationally.”
“Traffickers choose to trade in humans ... because there are low start-up costs, minimal risks, high profits
and large demand. For organized crime groups, human beings have one added advantage over drugs: they
can be sold repeatedly” (Shelley, 2010).40 The most widely recognized form of human trafficking is sexual
exploitation, but trafficking exploitation occurs in many different forms including “commercial sex,
hospitality, construction, agriculture, manufacturing, janitorial services, construction, shipyards,
restaurants, health and elder care etc.”41
Profits and Human Trafficking
In addition to sex industry, almost all industries make profits off trafficked and smuggled labor.
Factories, farms, hotels, restaurants, the domestic service economy—all benefit from a ready supply of
cheap labor. All forms of forced labor involve appalling, insanitary living and working conditions. Victims
are subjected to conditions resembling slavery, kept in virtual debt-bondage, and subjected to the control of
armed guards and soldiers. This is evident in one of the cases listed below.
In the United States in 2004, the Ramos brothers were convicted of human trafficking. They employed
700 workers to pick fruit in Lake Placid, Florida.42 This case is presented in Box 2.
The New Jersey and Florida cases listed above are two of the many cases that provide an overview of
how human trafficking takes place. These cases portray techniques used by traffickers. Victims can be
found in almost all industries. Victims are lured through fraud and false promises of high paying jobs.
Regardless of the industry they are placed in, they are subjected to force and coercion. In the Florida case
described above, the Ramos brothers hired smugglers to bring a group of victims to the US from Arizona to
work on farms in Florida. When victims arrived, they were told they owed debts of $1,000 each for their
transportation costs. The victims were housed in a facility infested with insects, and with undrinkable water
and inadequate showers. Victims were forced to work more than 16 hours a day for six to seven days per
week. This is a common state of trafficking victims.
A common perception is that victims of trafficking are poor, illiterate, unemployed, and unskilled
workers who are easily enticed by the promise of paying jobs, money, security, romance and love, etc. That
is true in a majority of cases but not always. Sometimes highly skilled individuals can be caught up too,
particularly if they're on foreign soil. For example, a recent case presented by Time, Business Insider, BBC,
and CNN narrates a story of how an Indonesian woman, Shandra Woworuntu, who worked in finance in
Indonesia, was taken away from New York's busy John F. Kennedy (JFK) airport with a gun to her head by
an organized gang working in the heart of the world's economic superpower. She was traded from brothel
to brothel in a sex trafficking ring in 2001 for several months and finally escaped by jumping from a
second story window. This is a trafficking case in which a financial analyst from Indonesia became a
victim of sex trafficking ring.43
Human trafficking is a complex business. The victims go through a number of different stages—
recruitment, transportation, exploitation, and disposal across borders as well as within the borders. At every
stage, victims are exploited through fraud and coercion, and deprived of basic rights such as liberty, safety,
and security. They are denied access to adequate living conditions, healthcare or medical services,
education, or contact with their families. They are not paid at all or underpaid and made to work 14–20
hours a day. They are stripped of their identity, passports, and sometimes even their name. They are
branded and treated as property in literal sense.
Chapter Review
In this chapter, we have discussed human trafficking from historical and global perspectives. We learned
about the fundamental causes of human trafficking such as poverty, homelessness, and unemployment that
facilitate and perpetuate human trafficking. In essence, we discussed the following:

Human Trafficking from Historical and Global Perspectives

Origin and Destination Countries
Human Trafficking and Profits
Global Poverty, Homelessness, Unemployment, and Human Trafficking
Human Trafficking: A Global Health Issue
Human Trafficking: Individual Enterprise or Organized Business?
Discussion Questions
1) Identify at least three differences between slavery and human trafficking. Give examples.
2) Explain why trafficking is equated to slavery and why it is called “modern slavery.”
3) List the precursors of trafficking victimization.
4) Discuss two reasons why the Trafficking Victims Protection Act was passed in 2000.
5) Discuss whether trafficking is an organized enterprise. Provide supporting arguments for
your answer.
6) Discuss how the effects of trafficking victimization are manifested in the victims' health.
7) Discuss why the Mann Act is important. What was the main objective of this act?
8) Discuss functions of the Office to Monitor and Combat Trafficking in Persons (OMCTP).
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Notes
1. Kara, S. (2009). Sex trafficking: Inside the business of modern slavery. New York: Columbia
University Press.
2. Walk Free Foundation. Global Slavery Index 2014.
3. Walk Free Foundation. Global Slavery Index 2014.
4. Mann Act, 18 United States Code §§1581–1588. Ch. 395, 36 Stat. 825; codified as amended at 18
U.S.C. §§2421–2424.
5. Article 23, Covenant of the League of Nations, Treaty of Versailles, and Minority Rights Treaties.
6. United Nations General Assembly. (1948, December 10). The Universal Declaration of Human
Rights. Paris.
7. International Labor Organization (ILO). (1957). Abolition of Forced Labor Convention (No. 105).
Entry into force: 17 Jan 1959, Adoption: Geneva, 25 Jun 1957, Status: Up-to-date instrument
(Fundamental Convention). http://www.ilo.org/dyn/normlex/en/f?
p=1000:12100:0::NO::P12100_ILO_CODE:C105.
8. United Nations General Assembly. (1948, December 10). The Universal Declaration of Human
Rights. UN News Center. http://www.un.org/en/universal-declaration-human-rights/.
9. International Labor Organization (ILO). (1957). Abolition of Forced Labor Convention, (No. 105).
Entry into force: 17 Jan 1959, Adoption: Geneva, 25 Jun 1957, Status: Up-to-date instrument
(Fundamental Convention). http://www.ilo.org/dyn/normlex/en/f?
p=1000:12100:0::NO::P12100_ILO_CODE:C105.
10. Lee, M. (2011). Trafficking and global crime control. Sage Publications.
11. United Nations General Assembly. (1948, December 10). The Universal Declaration of Human
Rights. UN News Center. http://www.un.org/en/universal-declaration-human-rights/.
12. United Nations Human Rights Office of the High Commissioner. (1956, April 30). The 1956
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery. Entry into force: 30 April 1957, in accordance with Article 13.
http://www.ohchr.org/EN/ProfessionalInterest/Pages/SupplementaryConventionAbolitionOfSlavery.aspx.
13. United Nations Human Rights Office of the High Commissioner. (1966, December 16).
International Covenant on Civil and Political Rights. Entry into force 23 March 1976, in accordance with
Article 49. http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.
14. United Nations General Assembly. (2000). Protocol to prevent, suppress and punish trafficking in
persons, especially women and children. Supplement to the United Nations Convention against
Transnational Organized Crime. Resolution 55: 25.
15. United Nations Office on Drugs and Crime (UNODC). (2004). Protocol to prevent, suppress, and
punish trafficking in persons, especially women and children. Supplement to United Nations Convention
against Transnational Organized Crime. New York, NY: United Nations.
16. Trafficking Victims Protection Act (TVPA). (2000). Pub. L. No. 106-386, 114 Stat. 1473.
17. Trafficking Victims Protection Act (TVPA). (2000). Pub. L. No. 106-386, 114 Stat. 1473.
18. Federal Bureau of Investigation. (2015) Human Trafficking in the Uniform Crime Reporting
(UCR) Program.
19. United States Department of Justice, Bureau of Justice Assistance. (2014). bja.gov.
20. United Nations High Commissioner for Refugees. (2014). Global Report.
http://www.unhcr.org/gr14/index.xml.
21. This endnote has two references:
1) Commodity Futures Modernization Act. (2000). S. 2697, 106th Cong. (2000); HR 4541,
106th Cong. (2000); Appendix E, Pub. 114.
 2) US Code. (2000). Victims of trafficking and violence protection act of 2000. Public Law 106-
386.
22. United Nations Office on Drugs and Crime (UNODC). (2014, November). Global report on
trafficking in persons 2014.
23. United Nations Office on Drugs and Crime (UNODC). (2014, November). Global report on
trafficking in persons 2014.
24. Walk Free Foundation. Global slavery index 2014.
25. Walk Free Foundation. Global slavery index 2014.
26. United Nations Office on Drugs and Crime (UNODC). (2012). Global report on trafficking in
persons.
27. International Labor Organization. (2014). Profits and poverty: The economics of forced labour.
28. Wheaton, E. M., E. J. Schauer, & T. V. Galli. (2010). Economics of human trafficking.
International Migration, 48(4), 114–141.
29. Kangaspunta, K., M. Clark, J. Dixon, and M. Dottridge. (2008). An introduction to human
trafficking: Vulnerability, impact, and action. New York: UN Office on Drugs and Crime.
30. International Labour Conference. (2009). The cost of coercion. Global Report under the follow-up
to the ILO Declaration on Fundamental Principles and Rights at Work. 98th Session.
31. International Labour Conference. (2009). The cost of coercion. Global Report under the follow-up
to the ILO Declaration on Fundamental Principles and Rights at Work. 98th Session.
32. ILO. (2012). Global Report—Summary of the ILO 2012 Global Estimate of Forced Labor.
33. This endnote has three references:
1) Belser, P. (2005, March 1). Forced labour and human trafficking: Estimating the profits.
Geneva: ILO. SSRN 1838403.
2) Oram, S., H. Stöckl, J. Busza, L. M. Howard, & C. Zimmerman. (2012, May 29). Prevalence
and risk of violence and the physical, mental, and sexual health problems associated with human
trafficking: Systematic review. PLOS Med, 9(5) : e1001224. (Reprinted) JAMA Pediatrics.
Published online September 8, 2015 1/2 Copyright 2015 American Medical Association. All
rights reserved. http://archpedi.jamanetwork.com/.
3) Zimmerman, C., S. Oram, R. Borland, & C. Watts. (2009). Meeting the health needs of
trafficked persons. BMJ 339: b3326.
34. United States Government Accounting Office. (2006, July 18). Human trafficking: Better data,
strategy, and reporting needed to enhance U.S. anti-trafficking efforts abroad. GAO-06-825. Publicly
released: Aug 14, 2006. http://www.gao.gov/products/GAO-06-825
35. Box, H. Human Trafficking and Minorities: Vulnerability Compounded by Discrimination.
Topical Research Digest: Minority Rights (nd), 28–29.
36. English, A. (2015). Human trafficking of children and adolescents: A global phenomenon with
horrific health consequences. JAMA Pediatrics, 169(9), e152283-e152283.
37. International Labor Organization. (2014). Profits and poverty: The economics of forced labour.
http:// http://www.ilo.org/wcmsp5/groups/public/—ed_norm/—
declaration/documents/publication/wcms_243391.pdf.
38. Human Rights First. Bankrupt slavery: Dismantling the business of human trafficking.
http://www.humanrightsfirst.org/campaigns/bankrupt-slavery.
39. Organization for Security and Co-operation in Europe Ambassador Madina Jarbussynova. (2014,
December 15). OSCE Special Representative and Co-ordinator for Combating Trafficking in Human
Beings Presentation to the OSCE Permanent Council, SEC.GAL/204/14.
40. Shelley, L. (2010). Human trafficking: A global perspective. Cambridge University Press.
41. Shelley, L. (2010). Human trafficking: A global perspective. Cambridge University Press.
42. Federal Bureau of Investigation. (2004). Labor boss gets 15 years for heinous crimes.
https://archives.fbi.gov/archives/news/stories/2004/march/florida_030904.
43. Biddle, J., and Agence France Presse. (2014, January 31). How a financial analyst from Indonesia
wound up being a sex slave in New York City. Business Insider. http://www.businessinsider.com/how-
an-financial-analyst-wound-up-being-a-sex-slave-in-nyc-2014-1.
 Chapter 3

Domestic Human Trafficking:

Local Perspectives
Chapter Objectives
This chapter provides a comprehensive understanding of the following:

Human Trafficking: Local Perspectives

Domestic Human Trafficking
Human Trafficking: Around Us
Essentials of Human Trafficking Process
Nature and Extent of Domestic Human Trafficking
Lack of Systematic Data
Nature of Crime
Lack of Uniformity: Various Definitions
Source of Data
Human Trafficking: A Routine Activity
Human Trafficking and Economics
U.S. Code and Protection for the Victims of Involuntary Servitude or Forced Labor
Who Are the Victims of Domestic Trafficking?
Introduction: Human Trafficking:
Local Perspectives
Domestic Human Trafficking
Human trafficking is also known as trafficking in persons. Forced exploitation, enslavement, or servitude
of a person for profit or benefit1 are some of the other names used for human trafficking. Regardless of
what it is called, it is a crime that permeates all corners of the world—every country and every region. It is
not discriminative in nature—rather it transcends all geographical and demographic boundaries. It has been
associated with transnational criminal organizations, small criminal networks, and local gangs, as well as
with violations of labor and immigration codes and government corruption.2 It is a problem that affects
countries around the world. As there is an increased awareness of this horrendous crime that affronts
individual liberty, it is emerging as a significant concern in the United States. Different reports provide
different statistics as to the nature and extent of human trafficking in the United States. By some estimates,
approximately 20,000 foreign nationals are brought to the US every year as human trafficking victims and
majority of these victims are young women and girls who are subjected to sexual exploitation.
Generally, it is assumed that trafficking happens in poor nations and to impoverished people. Another
common misperception is that it involves illegals and/or transportation of foreign nationals into the
country. In the Trafficking Victims Protection Act of 2000 (TVPA) Congress defines severe forms of
trafficking in persons as:
a) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the
person induced to perform such act has not attained 18 years of age; or
b) The recruitment, harboring, transportation, provision or obtaining of a person for labor or services,
through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery (8 U.S.C. §1101).3
Trafficking of individuals within US borders is commonly referred to as domestic human trafficking. It
occurs primarily for labor, most often in domestic service, agriculture, manufacturing, janitorial services,
hotel services, construction, health and elder care, hair and nail salons, and strip clubs or dancing
establishments.4 Some research indicates that in the United States, vulnerable workers have been recruited
from homeless shelters and transported to isolated labor camps where, hidden and far from the rest of the
town, they are exploited and abused. According to some experts in the labor movement, the power
differential between a farm worker and an employer can create a situation that may escalate into
exploitation, regardless of the immigration status of the worker.5 Below is an example of a domestic human
trafficking case that came to the attention of the authorities and was prosecuted by federal law enforcement.
Read this case in Box 1.

Box 1: Domestic Labor Trafficking Case

 Although a majority of human trafficking victims may have been brought from overseas, there are also
many domestic victims. Local men and women as well as children as young as 12 years old are also
trafficked for labor and sex by traffickers across the country. Domestic trafficking occurs inter- and intra-
state and is largely facilitated by organized criminal groups. Domestic victims are typically recruited from
lower- to middle-class families by male peers, either through threats of violence to them or their families or
through the promise of affection and job offers. Trafficking and recruitment of victims occurs in both large
urban as well as rural areas. Victims are often moved inter- or intra-state for various reasons. These reasons
may include a demand for “new faces,” i.e., newer sexual prey for those who would abuse them; to isolate
victims from their previous social networks; and to impede law enforcement efforts. Criminal networks and
street gangs that actively traffick women and underage girls include violent groups that have been linked to
gun violence and drug trafficking.
The Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C §7103)6 clarified and
emphasized that it is the exploitation (force, fraud, or coercion) of the victim for labor, sex, or any other
purpose that makes it a trafficking incident, not, necessarily, the transportation or physical movement of the
victim.7 It emphasized that trafficking can and does involve exploitation of US citizens and permanent
residents, in particular minor victims of sex trafficking or the prostitution of minors, within US borders. It
may or may not involve transportation but it definitely involves exploitation (force, fraud, or coercion) of
the victim. All the subsequent reauthorizations of TVPA provide a standard legal definition of the crime of
human trafficking and a framework for current and future US anti-trafficking efforts.8
The most recent legislation that addresses domestic human trafficking has been the Justice for Victims of
Trafficking Act of 2015 passed by the 114th Congress (2015–2016) that became Public Law No. 114-22 on
May 29, 2015.9 The Justice for Victims of Trafficking Act provides vital services and protections to the
survivors of child sex trafficking in the United States. Title III of this act is known as the Human
Exploitation Rescue Operations Act of 2015 or the HERO Act of 2015.10 This act provides express
statutory authorization for the existing ICE Cyber Crimes Center (“C3”).11
C3 is a powerful tool in the fight against sexual exploitation of children; the production, advertisement,
and distribution of child pornography; and child sex tourism. It allows C3 to collaborate with the
Department of Defense and the National Association to Protect Children for the purpose of recruiting,
training, and hiring wounded and transitioning military veterans to serve as law enforcement officials
engaged in the investigation of child exploitation cases. C3's Child Exploitation Section uses sophisticated
investigative techniques to target violators who operate on the Internet, including through the use of
websites, e-mail, chatrooms, and file-sharing applications.12
Human Trafficking: Around Us
Up until recently most Americans believed that human trafficking is a crime that occurs in other
countries and to foreigners who should have known better. A study by Laczko & Gozdziak (2005) reported
that estimates of human trafficking have focused almost exclusively on international trafficking victims.
Despite a number of new laws, policies, and attempts at educating the public, many Americans still believe
that it does not happen in the United States. It is also a commonly held belief that foreigners who claim to
be victims of trafficking are responsible for their own predicament. It is believed that the victims bring it
upon themselves.13
The truth is quite the contrary. Human trafficking is one of the world's fastest-growing crimes. It does
not happen only in faraway places such as Philippines, Thailand, China, India, Bangladesh, Saudi Arabia,
Cambodia, and Russia or some other poor country or region where people are desperately looking for a
ticket out of poverty. It does not happen only to the poor, unemployed, uneducated, and helpless people,
but it happens and can happen to anyone regardless of socioeconomic status, education, or employment and
it can happen anywhere—even in the United States. It happens to the United States citizens in all states
regardless of their immigration status, level of education, gender, race, religion, or ethnicity (contrary to
many citizens' beliefs). This chapter presents recent examples of human trafficking cases demonstrating
that not only does it happen in almost all states of the United States and to United States citizens, but it is
also increasing at an alarming rate in all 50 states.
It may very well be true that foreigners who arrive in the United States illegally are more susceptible to
human trafficking situations. However, US citizens and legal immigrants are equally vulnerable and fall
prey to the greed of traffickers and are victimized at an alarming rate. Traffickers, motivated by greed, do
not recognize the nationality or immigration status of victims as a deterrent. They describe victims not as
human beings but in terms of commodities that have the potential of bringing an enormous amount of
profits to them. They exploit those who are most vulnerable—the young, the desperate, and the easily
manipulated—and to work on farms, in factories, in strip clubs, in the sex industry, or in other
establishments where the traffickers believe they can make maximum profits.14 When US citizens are
exploited and manipulated through force, fraud, or coercion in the United States, US federal law recognizes
them as victims of domestic human trafficking.
Typically, trafficking has been perceived in terms of sexual exploitation, such as the manipulation of
poor and helpless women and children for prostitution or other immoral purposes.15 However, recently
trafficking has been defined to include other types of exploitations through force, fraud, or coercion beyond
sexual exploitation. It has been further clarified that victims do not need to be transported across
international or other boundaries for trafficking to exist. Today's traffickers believe the human trafficking
business is totally democratic. In this business, everybody has an equal opportunity of owning and
exploiting fellow human beings. The trafficking business provides criminals an equal opportunity of
making profit through the sale of their fellow human beings and their services as well their organs.
The Essentials of the Human Trafficking Process
Running a trafficking business demands three main essentials. These essentials are—motivation,
vulnerability, and a conducive environment. The main prerequisites for someone to be motivated in
running a human trafficking business are greed, risk-taking ability or nature, and strong political, social,
and economic connections. For a person to be motivated to engage in human trade, a person has to be so
greedy that he/she is able to treat humans as commodities and overlook any ethical, moral, or social
concerns and reactions. The person has to be able to take enormous risks and have strong political, social,
and economic connections so as to avoid any possibility of being caught and or punished. Figure 1
demonstrates these essentials.
Although any one can become a trafficking victim, in general the victim often is highly motivated and
has a strong desire to make lots of money. The victim has to have a trusting and risk-taking nature. The
environment in which victims are recruited and convinced to comply with the traffickers' requests has to be
conducive to such activities. Additionally, for the transactions to be carried out and be profit-producing,
there has to be demand for the services victims can provide—regardless of their nature—sexual or labor.
Estes & Weiner (2001) estimated that approximately 300,000 “American youth were considered at risk
for sexual exploitation, and an estimated 199,000 incidents of sexual exploitation of minors occur each year
in the United States.”16 Hammer, Finkelhor, & Sedlak (2002) reported the results of the Second National
Incidence Studies of Missing, Abducted, Runaway, and Throwaway Children and stated that the prevalence
of minors trafficked or at risk of being trafficked domestically into the commercial sex industry is high
among such populations. These estimates included only youth.17 However, adults are equally at risk of
being trafficked into the labor and sex industry. Although children and juveniles who are already at a
disadvantage and in trouble, such as runaway/throwaway youth, youth exploited through prostitution, and
abused and neglected children may be more likely to be manipulated and preyed upon by traffickers' tricks.
Other children and adults are equally vulnerable to be defrauded, coerced, forced, and exploited for labor
and sex. An International Labor Organization study (2002) indicated that girls are more likely to be
trafficked for commercial sexual exploitation and domestic services, and boys tend to be trafficked for
forced labor in commercial farming, petty crimes, and the drug trade.18
Family and Youth Services Bureau (FYSB) reported that in 2007 the Department of Health and Human
Services (DHHS) provided services to runaway and homeless youth. The report speculated that majority of
these children and youth were victims of exploitation. In addition to domestic sex trafficking, American
minors and adults are also trafficked for forced labor.19 Herzfeld (2002) stated that children are generally
preferred to adults in the labor world as they are more easily controlled, cheaper, and less likely to
challenge exploitation and/or demand better working conditions. However, there is not much empirical
research documenting the extent and nature of domestic labor trafficking.20

Figure 1: Essentials for Human Trafficking

Nature and Extent of Domestic Human
Trafficking
The United States is known as a destination country for transnational trafficking. Transnational victims
are primarily from Asia, Latin America, Eastern Europe, and Africa.21 The victims of trafficking in
persons, brought into the US for the purpose of both sexual and labor exploitation, are identified in a wide
variety of settings.22 People brought in for sexual exploitation are located within the commercial sex
industry, including massage parlors, escort services, gentlemen's clubs, commercially fronted brothels,
residential brothels, and strip clubs.23
Mostly domestic victims of trafficking are located in domestic work environments throughout the US,
including private homes, small independently owned family businesses such as restaurants or nail salons,
organized begging rings, and larger scale labor environments such as agricultural farms or large sweatshop-
like factories. Victims—legal and illegal migrant workers—are found being exploited both in legitimate
and underground industries.24 Trafficking victims are often subjected to sexual exploitation in both labor
and sex trafficking. Sexual and physical violence is used as a means to instill fear and maintain control over
the victims.25
Existing research, Laczko & Gozdziak (2005), and reports present a convincing argument that human
trafficking is a pernicious global problem threatening humanity in all parts of the world, including the
United States. Although, in general, estimates of human trafficking have focused almost exclusively on
international trafficking victims, some research provides an estimate of minors at risk for sexual
exploitation as an estimate for US domestic trafficking.26 In 2006, the Federal Bureau of Investigation
(FBI) Uniform Crime Reports (2006), reported that law enforcement picked up across the United States
and identified 36,402 boys and 47,472 girls younger than age 18 as runaways. Girls who run away from
their homes, group homes, foster homes, or treatment centers are at greater risk of being targeted by a pimp
(or trafficker) and becoming a victim. These estimates neither include adult US citizens trafficked into the
sex industry nor provide any estimate on labor trafficking victims.27

Lack of Systematic Data

The United States is a source, transit point, and destination country for men, women, and children
subjected to trafficking in persons. Human trafficking occurs in every state, and it victimizes both US
citizens and noncitizens.28 However, the controversy arises when an attempt is made to determine the
extent of human trafficking incidence and prevalence. There are several reasons for such a state. The first
and the most significant problem in determining the extent is that until recently no data were collected on
human trafficking as a crime. Despite mandates in the TVPA, no federal, state, and local law enforcement
agencies collected and maintained data on trafficking crimes or the number of victims.29 There is also a
significant disparity between estimates of “prevalence” or populations “at risk” and individuals actually
identified as trafficking victims or enrolled in government programs.

Nature of the Crime

Human trafficking is termed as a crime “hidden in plain sight.”30 It happens right in the open yet
generally goes undetected or documented. It happens so routinely that most of the time, a majority of the
people go on with their daily lives, not only inadvertently condoning but actually perpetuating human
trafficking. For example, most of the goods and produce consumed by the general public are in existence
due to some cheap labor that was trafficked somewhere, may it be on farms, in factories, or other places.
Such a covert nature of this criminal enterprise makes it difficult to estimate the number of trafficking
victims in United States or anywhere in the world. Despite such a quandary, some estimates exist.
According to the US Department of Health and Human Services (2009), there were between 14,500 and
17,500 victims trafficked into the United States each year.31

Lack of Uniformity: Various Definitions

The lack of a clear and accepted definition makes it harder to estimate the true nature and extent of
trafficking in the United States. Despite the fact that the Trafficking Victims Protection Act (TVPA—
2000,32 2003,33 2005,34 2008,35 201336) has clearly defined what human trafficking is, different
organizations and entities perceive, understand, and define it differently. Consequently, existing estimates
on the nature and extent of human trafficking vary from one report to another and from one agency to
another. They are collected from various perspectives and the extent varies depending upon what is
accepted to be trafficking. Sometimes prostitution is equated to trafficking, other times smuggling is
implied to be trafficking. Different entities consider different acts to be trafficking. Logan, Walker, & Hunt,
(2009) indicated that any of the following sectors or employments could fall under trafficking: sex work,
sex industry, pornography, entertainment (exotic dancing, stripping, etc.), personal service, domestic labor,
agricultural/construction/mining labor, factory/sweatshop labor, restaurant/bar labor, begging, panhandling,
food service industry, etc.37
It is only recently (in 2013) that the Federal Bureau of Investigation (FBI) began collecting data on
human trafficking and including these incidents in Uniform Crime Reports. Following a mandate of the
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, human trafficking is
included as a Part 1 crime in Uniform Crime Reports.38
Since January 1, 2013, UCR has had two new categories of human trafficking: commercial sex acts and
(ii) involuntary servitude.
According to the UCR, victims of commercial sex acts are forced to participate in commercial sex acts
via the use of fraud or coercion except in the case when the person induced to perform such act(s) has not
attained 18 years of age. Human trafficking/involuntary servitude refers to the obtaining of a person(s)
through recruitment, harboring, transportation, or provision, and subjecting such persons by force, fraud, or
coercion into involuntary servitude, peonage, debt bondage, or slavery (not to include commercial sex
acts).

Source of Data
Another very important reason for such varying accounts of the nature and extent of human trafficking
crimes is that the existing resources focus mainly on the description of human trafficking as reported by
media, non-governmental agencies, service providers, survivors, and existing literature. Most data are
generally based on the accounts narrated by survivors, victims, offenders, and/or crusaders. These generally
are estimates based on anecdotal data without any external validation.
Human Trafficking: A Routine Activity
The fact that trafficking labor is consumed by all of us, even when majority of us may be unaware of our
significant participation in perpetuating trafficking labor, makes it so much part of our daily routine lives
that it goes undetected. Its covert nature and its routine existence facilitates its guise. It is a crime existing
right in front of our eyes, yet not visible. It is “hidden in plain sight” as Hepburn & Simon (2010), and
Newton, Mulcahy & Martin (2008) stated, making it difficult to differentiate between an employee and
victim or an employer and a trafficker.39 Logan, Walker, & Hunt, (2009) explained that a victim could be
anyone providing services—for example, a person at a neighborhood nail salon, someone working at a
restaurant, a live-in nanny of your neighbor, a janitor who cleans your office after hours, or a landscaper in
your neighborhood—to name just a few routine service providers.40 Along with drugs and weapons, it is
now believed to be one of the leading sources of income for criminal organizations and gangs.41
Additionally, as Clawson, Layne, & Small, (2006) state, trafficking victims are guarded closely by their
captors and forced to stay silent. Victims are intimidated and silenced by varying degrees of force,
coercion, or deception. Trafficked domestic servants remain “invisible” in private homes. Legitimate
private businesses may also be used as a smokescreen for a back-end trafficking operation. In general,
cases of forced labor and various forms of trafficking for forced labor are less likely to be detected and
reported as compared to sex trafficking cases. It is difficult to “distinguish victims trafficked for forced
labor from migrant laborers. These victims often work in hidden locations, such as agricultural fields in
rural areas, mining camps, factories and the private houses in the case of domestic servitude.”42
On the other hand, as Alvarez & Alessi, (2012) and Clawson, Dutch, Salomon, & Goldblatt-Grace,
(2009) discuss, sex trafficking and child sex trafficking get a bigger share of news media and labor
trafficking is overshadowed by sex trafficking, and worse, sometimes equated to illegal immigration.43
Below are examples of trafficking cases reported by the Federal Bureau of Investigation (FBI). The first
case describes sex trafficking of US children by US citizens in Boston, New York, Georgia, and Florida.
Review the case of a Boston man trafficking a 16-year-old girl in Box 2.44
Box 3 presents a labor trafficking case prosecuted by the FBI in Ohio.
Here is another case of domestic trafficking, demonstrating that although most of the cases reported in
the media focus on sex trafficking such as sex slavery, commercial sex exploitation, and other related work
like pornography, etc., US citizens are also trafficked for labor.45
Both of these two cases demonstrate several elements of trafficking:
1) Victims and/or traffickers do not need to cross borders.
2) Victims can be US citizens.
3) Traffickers can be US citizens.
4) US citizens are trafficked for sex and labor exploitation.
5) Minors are used indiscriminately for sex and labor.
6) Traffickers can be two persons' operation or a larger organized enterprise.
7) Women and children are not only exploited for sex but also for labor along with men.
8) Victims are coerced into compliance using various tactics including narcotic drugs, violence,
beatings, threats, sexual assaults, humiliation, and deprivation of sleep, food, and bathroom facilities.

Box 2: Case of Domestic Sex Trafficking

9) Victims are constantly monitored to establish and continue a pattern of domination and control.
10) Victims are humiliated and deprived of their identity and dignity.
11) Traffickers do not spare anybody. The disabled—physically or cognitively—are equally vulnerable.
Human Trafficking and Economics
Human trafficking and economics are closely interwoven—as the very foundation of human trafficking
involves profit and greed. “The trade in people is surely the most morally repugnant of all the illicit trades
that flourish today. But it's deeply entrenched and interwoven with the world's ever more complex
migration flows.”46 Brewer (2008) provides an excellent example of how a normal, average advisement for
any kind of service providing job could be used as a façade for recruiting trafficking victims. For example,
a normal sounding advertisement could be used as a bait to recruit innocent applicants.47

Box 3: Case of Domestic Labor Trafficking

 Review an excerpt from a typical advertisement placed for soliciting applications for jobs in a cruise line
business.
“International cruise line seeks attractive and adventuresome hostess to greet passengers. See the world,
meet new people and earn a stable income!” (Brewer: 46).48
Brewer (2008) explains that a cursory examination of the excerpt of an advertisement presented above
depicts it as a normal, regular advertisement soliciting applicants for a real job in the cruise line industry,
until an unsuspecting applicant with seemingly nothing to lose applies, is recruited from her home, and
arrives at her destination only to be forced into prostitution.49 This example demonstrates that trafficking is
“hidden in plain sight,” and it is extremely difficult to distinguish a genuine employee from trafficking
victim or an employer from a trafficker. According to the International Labor Organization (2008) at any
given time, in the world, there were estimated to be 2.4 million people involved in forced labor and
subjected to exploitation as a result of trafficking. Traffickers often deceive their victims through false
promises of economic opportunities that await them in destinations away from home.50
U.S. Code and Protection for the Victims of
Involuntary Servitude or Forced Labor
A number of provisions in the US Code target trafficking in persons, also known as involuntary
servitude, slavery, or forced labor. These provisions are contained in Chapter 77 of Title 18 and are
sometimes referred to generally as Chapter 77 offenses. The Trafficking Victims Protection Act (TVPA) of
2000 supplemented existing laws, primarily 18 U.S.C. §1584 (Involuntary Servitude), and also provided
new tools to combat trafficking. Key statutes are excerpted below.

Peonage
Summary: Section 1581 of Title 18 makes it unlawful to hold a person in “debt servitude,” or peonage,
which is closely related to involuntary servitude. Section 1581 prohibits using force, the threat of force, or
the threat of legal coercion to compel a person to work against his/her will. In addition, the victim's
involuntary servitude must be tied to the payment of a debt.
18 U.S.C. §1581
(a) Whoever holds or returns any person to a condition of peonage, or arrests any person
with the intent of placing him in or returning him to a condition of peonage, shall be fined
under this title or imprisoned not more than 20 years, or both. If death results from the
violation of this section, or if the violation includes kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt
to kill, the defendant shall be fined under this title or imprisoned for any term of years or
life, or both.
(b) Whoever obstructs, or attempts to obstruct, or in any way interferes with or prevents
the enforcement of this section, shall be liable to the penalties prescribed in subsection (a).

Involuntary Servitude
Summary: Section 1584 of Title 18 makes it unlawful to hold a person in a condition of slavery, that is, a
condition of compulsory service or labor against his/her will. A Section 1584 conviction requires that the
victim be held against his/her will by actual force, threats of force, or threats of legal coercion. Section
1584 also prohibits compelling a person to work against his/her will by creating a “climate of fear” through
the use of force, the threat of force, or the threat of legal coercion [i.e., “If you don't work, I'll call the
immigration officials.”] which is sufficient to compel service against a person's will.
18 U.S.C. §1584
Whoever knowingly and willfully holds to involuntary servitude or sells into any condition
of involuntary servitude, any other person for any term, or brings within the United States
any person so held, shall be fined under this title or imprisoned not more than 20 years, or
both. If death results from the violation of this section, or if the violation includes
kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title
or imprisoned for any term of years or life, or both.

Forced Labor
Summary: Section 1589 of Title 18, which was passed as part of the TVPA, makes it unlawful to provide
or obtain the labor or services of a person through one of three prohibited means. Congress enacted §1589
in response to the Supreme Court's decision in United States v. Kozminski, 487 U.S. 931 (1988), which
interpreted §1584 to require the use or threatened use of physical or legal coercion. Section 1589 broadens
the definition of the kinds of coercion that might result in forced labor.
18 U.S.C. §1589
Whoever knowingly provides or obtains the labor or services of a person—
(1) by threats of serious harm to, or physical restraint against, that person or another person;
(2) by means of any scheme, plan, or pattern intended to cause the person to believe that, if the
person did not perform such labor or services, that person or another person would suffer serious
harm or physical restraint; or
(3) by means of the abuse or threatened abuse of law or the legal process,
shall be fined under this title or imprisoned not more than 20 years, or both. If death
results from the violation of this section, or if the violation includes kidnapping or an
attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual
abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for
any term of years or life, or both.

Trafficking with Respect to Peonage, Slavery,

Involuntary Servitude, or Forced Labor
Summary: Section 1590 makes it unlawful to recruit, harbor, transport, or broker persons for labor or
services under conditions which violate any of the offenses contained in Chapter 77 of Title 18.
18 U.S.C. §1590
Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any
person for labor or services in violation of this chapter shall be fined under this title or
imprisoned not more than 20 years, or both. If death results from the violation of this
section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual
abuse, or the attempt to commit aggravated sexual abuse, or an attempt to kill, the
defendant shall be fined under this title or imprisoned for any term of years or life, or both.

Sex Trafficking of Children by Force, Fraud, or Coercion

Summary: Section 1591 criminalizes sex trafficking, which is defined as causing a person to engage in a
commercial sex act under certain statutorily enumerated conditions. A commercial sex act means any sex
act, on account of which anything of value is given to or received by any person. The specific conditions
are the use of force, fraud, or coercion, or conduct involving persons under the age of 18. The punishment
for conduct that either involves a victim who is under the age of 14 or involves force, fraud, or coercion is
any term of years or life. The punishment for conduct that involves a victim between the ages of 14 and 18
is 40 years.
18 U.S.C. §1591
Whoever knowingly—
(1) in or affecting interstate or foreign commerce, or within the special maritime and
territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides,
or obtains by any means a person; or
(2) benefits, financially or by receiving anything of value, from participation in a venture
which has engaged in an act described in violation of paragraph (1), knowing that force,
fraud, or coercion described in subsection (c)(2) will be used to cause the person to engage
in a commercial sex act, or that the person has not attained the age of 18 years and will be
caused to engage in a commercial sex act, shall be punished as provided in subsection (b).
Unlawful Conduct with Respect to Documents in
Furtherance of Trafficking, Peonage, Slavery, Involuntary Servitude, or Forced
Labor
Summary: Section 1592 makes it illegal to seize documents in order to force others to work. By
expanding its coverage to false documents as well as official documents, §1592 recognizes that victims are
often immobilized by the withholding of whatever documents they possess, even if the documents are
forged or fraudulent. Section 1592 expands the scope of federal trafficking statutes to reach those who prey
on the vulnerabilities of immigrant victims by controlling their papers.
18 U.S.C. §1592
(a) Whoever knowingly destroys, conceals, removes, confiscates, or possesses any actual or
purported passport or other immigration document, or any other actual or purported government
identification document, of another person—
(1) in the course of a violation of section 1581, 1583, 1584, 1589, 1590, 1591, or 1594(a);
(2) with intent to violate section 1581, 1583, 1584, 1589, 1590, or 1591; or
(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person's
liberty to move or travel, in order to maintain the labor or services of that person, when the
person is or has been a victim of a severe form of trafficking in persons, as defined in section
103 of the Trafficking Victims Protection Act of 2000, shall be fined under this title or
imprisoned for not more than 5 years, or both.
(b) Subsection (a) does not apply to the conduct of a person who is or has been a victim of a
severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims
Protection Act of 2000, if that conduct is caused by, or incident to, that trafficking.51
Additional provisions of the TVPA provide for mandatory restitution (18 U.S.C. §1593) and forfeiture
(18 U.S.C. §1594(b)), criminalize attempt (18 U.S.C. §1594(a)), and give victims an avenue for civil
lawsuits (18 U.S.C. §1595).
As discussed earlier, children and adults holding United States citizenship also fall prey to the tactics of
traffickers and are victimized. An International Labor Organization (2002) study indicated that men,
women, boys, and girls are all vulnerable to the traffickers' tricks and can be victimized. In the United
States, exploitation of children for labor falls in specific labor categories.52 Data from the National
Longitudinal Survey of Youth 1997 (NLSY97) demonstrated a substantial work activity among 14- and 15-
year-old children.53 A more recent report by the US Department of State, (2012) stated that according to
the International Labor Organization's second global estimate of forced labor, there are 20.9 million
individuals trapped in modern slavery around the world at any given time. According to International
Labor Office, (2012) approximately 5.5 million children are victims of labor exploitation. Child victims in
the United States may be either documented or undocumented foreigners.54 The Child Labor Coalition
(CLC, 2001) estimated that approximately 5.5 million youth between the ages of 12 and 17 were employed
across the United States.55 The CLC (2007) reported that 500,000 US children were also working in
various agricultural settings, with most being members of minority groups.56
Clawson (2009) reported that according to the CLC (2007) estimates, about 50,000 children are involved
in street peddling, including peddling magazines, candy, and other consumer goods. Many teens become
involved, believing peddling is a good way to make money, and do not realize the dangers associated with
these activities. The same study also suggested that the majority of the 14- and 15-year-olds were employed
in a small number of industries, with restaurants and supermarkets as well as babysitting and yard work
being common sectors.57 This is also confirmed by the US Department of State (2012).
According to the Polaris Project Fact Sheet, (2012):
 Labor trafficking of children occurs in diverse contexts in the U.S., including domestic service—
where children work in employers' homes 10–16 hours per day with very low or little wages;
agriculture—where children work alongside their parents in brutal, unsanitary, and dangerous
conditions; and other service industries, such as restaurants—where children are often given low
or no wages, and may sometimes be required to engage in commercial sex.
One little-recognized form of child trafficking is peddling of candy, magazines, and other
consumer products and traveling sales crews. Street peddlers often “work long hours with little
pay, in extreme temperatures, and with no access to bathrooms, water, or food; work for
activities or prizes they never receive; and work alone in strange neighborhoods or cities.58
Traffickers take advantage of the most vulnerable people, such as children, and those who are poor,
unemployed, greedy, anxious, and willing to take risks in order to make lots of money. They prey on those
who have a few economic opportunities and those who are struggling to meet basic needs. Traffickers take
advantage of the unequal status of women and girls in disadvantaged countries and communities, and
capitalize on the demand for cheap, unprotected labor and the promotion of sex tourism in some
countries.59
Who Are the Victims of Domestic Trafficking?
Victims of trafficking are found in all types of human trafficking including labor and sex, although they
are more easily detected and reported in sex trafficking as compared to labor trafficking. For example, it is
difficult to distinguish between an exploited farm worker and a migrant laborer. Victims often work in
agricultural fields in rural areas, mining camps, factories and private houses (in the case of domestic
servitude) and thus remain hidden. As a consequence, the trafficking victims of forced labor are less likely
to be identified and reported as compared to the victims of sex trafficking.
Traffickers use a variety of tactics to entice and entrap potential victims. These tactics may include a
promise of a good job with attractive salary and benefits, a false marriage proposal, or being sold by
parents, husbands, or boyfriends, etc. Generally, victims know their recruiters, whom the victims tend to
believe or trust, such as neighbors, friends, friends of a friend, boyfriends, acquaintances, and family
friends. Most often, victims are recruited through personal contacts and also through job advertisements on
television, billboards, newspapers, and the Internet. Some victims enter the country legally on work visas
while others enter illegally. The most common industries where trafficked people work are agriculture,
mining, logging, construction, fishery, sweatshop factory (e.g., garments, packaging, and food processing),
domestic servitude, begging, drug dealing, janitorial, and food services. By some estimates, approximately
30 to 50 percent of all trafficking victims are children and youth below the age of 18. It could be because
younger people are easy to manipulate and exploit in the sex industry as well as in other industries such as
fishing, agriculture, and clothing manufacturing. It is easier for the traffickers to dupe children and/or their
parents into leaving home with the promise of a better life, and sometimes parents, themselves, may sell
their children to a trafficker. Sometimes children are trafficked to work as soldiers in war zones. The
Coalition to Stop the Use of Child Soldiers estimates that there are tens of thousands of children who are
used as combatants and/or sexually exploited in armed forces.
Victims of human trafficking, both international and domestic, share some other specific characteristics
as well that place them at a higher risk for being trafficked. These include poverty, young age, limited
education, lack of work opportunities, lack of family support (e.g., they are orphaned, runaway/throwaway,
or homeless, or family members collaborated with traffickers), history of previous sexual abuse, health or
mental health challenges, and living in vulnerable areas e.g., areas with police corruption and high crime.60
According to some experts in the labor movement, the power differential between a farm worker and an
employer can create a situation that may escalate into exploitation, regardless of the immigration status of
the worker.61
Figure 2 presents the common characteristics of the victims of human trafficking.
The most common attributes of human trafficking victims are poverty and marginalized status.
Generally, victims are poor and unemployed. They are looking for opportunities to find employment and to
have a better life that they believe they deserve but are unable to attain. Some of these potential victims are
looking for a quick way out of poverty and traffickers offer that venue, where they will have a job to fulfil
their dream of making their lives better. Younger victims are often victims of abuse, neglect, and
molestation. Some of these are running away from abusive and exploitative situations and are homeless. In
other cases, they may be addicted to drugs or other substances, and others may have been sold by their
families or friends. According to the reports by the ILO and UNICEF, although poverty is one of the main
risk factors that pushes people into accepting exploitation via trafficking, it is not the only factor. Poverty
supplemented with other risk factors such as family environment, drugs, and homelessness facilitates
victimization. Variables at the individual level as well as at the household, community, regional,
institutional, and systematic levels often push victims into trafficking.

Figure 2: Characteristics of the Victims of Domestic Human Trafficking

 Although immigration status is another risk factor that enhances the chances of illegal migrants for
exploitation and abuse, citizens and legal migrants are also subjected to such exploitation.62 In the United
States, vulnerable workers have been recruited from homeless shelters and streets, transported to isolated
labor camps, and ultimately exploited and abused.63
Young adults—immigrants or American children—are equally vulnerable to abuse and exploitation.
Many of the trafficking victims (including United States citizens and legal immigrants) are deceived,
manipulated, forced, or coerced into prostitution every day. For example, service providers in New York
City report that the average age that girls enter prostitution has dropped from 14 to 13 or 12 years of age in
recent years. The average age that boys and transgender youth begin prostitution is even younger: 11–13
years old.64 All adolescents regardless of their race or ethnicity are at risk for exploitation. Some research
results report that African American girls and women are arrested in prostitution at a far higher rate than
girls and women of other races. Poverty is also a risk factor that enhances chances of exploitation.
A troubled childhood—such as history of abuse and neglect—is also known as a risk factor increasing
the probability of trafficking victimization. One common characteristic or risk factor for prostituted girls is
a history of childhood sexual abuse. In twenty recent studies of adult women who were sexually exploited
through prostitution, the percentage of those who had been abused as children ranged from 33 percent to 84
percent.
Conclusion and Chapter Review
In this chapter, we have discussed what is domestic human trafficking. We learned various aspects of
domestic human trafficking to develop an understanding of the nature and extent of domestic human
trafficking around us. The discussions, cases, and data presented in this chapter dispel several
misperceptions about trafficking in persons. It has demonstrated that trafficking in persons is as much a
domestic problem as it is international, involving United States citizens—both as victims and perpetrators
—as much as it involves foreigners. In essence, we discussed the following:

Human Trafficking: Local Perspectives

Domestic Human Trafficking
Human Trafficking: Around Us
Essentials of the Human Trafficking Process
Nature and Extent of Domestic Human Trafficking
Lack of Systematic Data
Nature of Crime
Lack of Uniformity: Various Definitions
Source of Data
Human Trafficking: A Routine Activity
U.S. Code and Protection for the Victims of Involuntary Servitude or Forced Labor
Who Are the Victims of Domestic Trafficking?
Discussion Questions
1) Discuss two classifications of trafficking in persons: a) transnational crime b) domestic
crime.
2) What is the HERO Act of 2015?
3) How does C3 assist in prosecuting traffickers? In what type of trafficking does this provide
the most assistance?
4) What are the three main essentials of the human trafficking process?
5) Describe human trafficking as an economic crime. Review your local newspaper, find a
trafficking case, and discuss it in economic terms.
6) Discuss at least two tactics traffickers use to entice and entrap potential victims.
Demonstrate with examples.
7) Discuss two main types of trafficking. Illustrate using examples.
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Notes
1. Sigmon, J. N. (2008). Combating modern-day slavery: Issues in identifying and assisting victims of
human trafficking worldwide. Victims and Offenders, 3(2–3), 245–257.
2. This endnotes has four references:
1) Europol. Annual report 2005. Europa.eu.
2) Miko, F. T. (2004). Trafficking in women and children: The US and international response—
Updated March 26, 2004. Cornell University ILR School.
3) US Government Accountability Office. Human trafficking: Better data, strategy, and
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4) Trafficking Victims Protection Act (TVPA). (2000). Pub. L. No. 106-386, 114 Stat. 1473.
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5. Bales, K. (2004). Disposable people: New slavery in the global economy. University of California
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6. Trafficking Victims Protection Act (TVPA). (2000). Pub. L. No. 106-386, 114 Stat. 1473.
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9. This endnote has two references.
1) S.178—Justice for Victims of Trafficking Act of 2015, 114th Congress (2015–2016).
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children in the United States: Overview and issues for Congress. Washington, DC: Congressional
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11. S.178—Justice for Victims of Trafficking Act of 2015, 114th Congress (2015–2016).
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Policy.
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International Labour Office.
19. US Department of Health and Human Services. Report to congress on the runaway and homeless
youth programs of the family and youth services bureau for fiscal years 2008 and 2009. Washington,
DC: US Department of Health and Human Services, Family and Youth Services Bureau.
20. Herzfeld, B. (2002). Slavery and gender: Women's double exploitation. Gender & Development,
10(1), 50–55.
21. Polaris Project. (2010). Human trafficking. https://polarisproject.org/human-trafficking.
22. National Sexual Violence Resource Center (NSVRC). (2004). Global perspectives on sexual
violence: Findings from the world report on violence and health. Enola, PA: National Sexual Violence
Resource Center.
23. World Health Organization. (2014). Global status report on violence prevention 2014. Geneva:
World Health Organization.
24. World Health Organization. (2014). Global status report on violence prevention 2014. Geneva:
World Health Organization.
25. United Nations Office on Drugs and Crime. (2009). World Drug Report.
https://www.unodc.org/documents/wdr/WDR_2009/WDR2009_eng_web.pdf.
26. This endnote has two references:
1) Laczko, F., & E. M. Gozdziak, eds. (2005). Data and research on human trafficking: A global
survey. International Migration, 43(1–2). SAGE Publications.
2) Estes, R. J., & N. A. Weiner. (2001). The commercial sexual exploitation of children in the
US, Canada and Mexico. University of Pennsylvania, School of Social Work, Center for the
Study of Youth Policy.
27. Federal Bureau of Investigation. (2010). Crime in the United States, 2006.
https://ucr.fbi.gov/crime-in-the-u.s/2006.
28. US Department of State. (2014, June). Trafficking in persons report 2014.
http://www.state.gov/j/tip/rls/tiprpt/2014/.
29. US Department of State. (2010). Trafficking in persons report 2010. p. 340.
http://www.state.gov/j/tip/rls/tiprpt/2010/.
30. This endnote has two references:
1) Hepburn, S., & R. J. Simon. (2001). Hidden in plain sight: Human trafficking in the United
States. Gender Issues, 27(1–2), 1–26.
2) Newton, P. J., T. M. Mulcahy, & S. E. Martin. (2008). Finding victims of human trafficking.
University of Chicago, National Opinion Research Center.
31. US Department of Health and Human Services. (2009). The campaign to rescue and restore
victims of human trafficking: About human trafficking.
http://www.acf.hhs.gov/trafficking/about/index.html#wwd.
32. Trafficking Victims Protection Act (TVPA). (2000). Pub. L. No. 106-386, 114 Stat. 1473.
33. Trafficking Victims Protection Reauthorization Act (TVPRA). (2003). Pub. L. No. 108-193, 117
Stat. 2875.
34. Trafficking Victims Protection Reauthorization Act (TVPRA). (2005). Pub. L. No. 109-164.
35. William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. (2008,
December 23). Public Law 110–457.
36. H.R.898—Trafficking Victims Protection Reauthorization Act of 2013, 113th Congress (2013–
2014).
37. Logan, T. K., R. Walker, & G. Hunt. (2009). Understanding human trafficking in the United
States. Trauma, Violence, & Abuse, 10(1), 3–30.
38. William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. (2008,
December 23). Public Law 110–457.
39. This endnote has two references:
1) Newton, P. J., T. M. Mulcahy, & S. E. Martin. (2008). Finding victims of human trafficking.
University of Chicago, National Opinion Research Center.
2) Hepburn, S., & R. J. Simon. Hidden in plain sight: Human trafficking in the United States.
Gender Issues, 27(1–2), 1–26.
40. Logan, T. K., R. Walker, & G. Hunt. Understanding human trafficking in the United States.
Trauma, Violence, & Abuse, 10(1), 3–30.
41. Siskin, A., & L. Sun Wyler. (2013, February 19). Trafficking in persons: US policy and issues for
congress. Washington, DC: Congressional Research Service.
42. Clawson, H. J., M. Layne, & K. Small. (2006). Estimating human trafficking into the United
States: Development of a methodology. Document no. 215475. US Department of Justice. Unpublished.
43. This endnote has two references:
1) Alvarez, M. B., & E. J. Alessi. (2012). Human trafficking is more than sex trafficking and
prostitution: Implications for social work. Affilia, 27(2), 142–152.
2) Clawson, H. J., N. Dutch, A. Solomon, & L. Goldblatt Grace. (2009). Human trafficking into
and within the United States: A review of the literature. Washington, DC: Office of the Assistant
Secretary for Planning and Evaluation, US Department of Human and Health Services.
44. US Attorney's Office District of Massachusetts. (2016, May 17). Boston man sentenced to ten
years in prison for child sex trafficking. https://www.justice.gov/usao-ma/pr/boston-man-sentenced-ten-
years-prison-child-sex-trafficking.
45. Federal Bureau of Investigation. (2014, July 22). Ohio man sentenced to 30 years in prison for
labor trafficking and related crimes. https://www.fbi.gov/contact-us/field-offices/cleveland/news/press-
releases/ohio-man-sentenced-to-30-years-in-prison-for-labor-trafficking-and-related-crimes.
46. Moisés, N. (2005). Illicit: How smugglers, traffickers, and copycat are hacking the global
economy. New York: Doubleday.
47. Brewer, D. (2008). Globalization and human trafficking. Tropical Research Digest: Human Rights
and Human Welfare, 46–56.
48. Brewer, D. (2008). Globalization and human trafficking. Tropical Research Digest: Human Rights
and Human Welfare, 46.
49. Brewer, D. (2008). Globalization and human trafficking. Tropical Research Digest: Human Rights
and Human Welfare, 46–56.
50. Plant, R. (2008). Forced labor: Critical issues for U.S. business leaders. Paper prepared for the
conference on “Engaging business: Addressing forced labor,” Atlanta, Georgia. International Labor
Organization.
51. Trafficking Victims Protection Act (TVPA). (2000). Pub. L. No. 106-386, 114 Stat. 1473.
52. International Labor Organization. (2002). Every child counts: New global estimates on child labor.
Geneva, Switzerland: International Labor Office.
53. Bureau of Labor Statistics. (2001). Youth employment in the United States.
http://www.bls.gov/opub/mlr/2001/08/art2exc.htm.
54. ILO. (2012). ILO global estimate of forced labor: Results and methodology. ILO Publications.
55. U.S. Department of Labor's Bureau of International Labor Affairs (2011) U.S. Department of
Labor's 2011 Findings on the Worst Forms of Child Labor. Child Labor Coalition announces Top 10
Child Labor Stories of 2011. https://www.dol.gov/ilab/reports/pdf/2011tda.pdf.
56. Child Labor Coalition. (2007). http://www.nclnet.org/child_labor_coalition_content.
57. Clawson, H. J., N. Dutch, A. Solomon, & L. Goldblatt Grace. (2009). Human trafficking into and
within the United States: A review of the literature. Washington, DC: Office of the Assistant Secretary
for Planning and Evaluation, US Department of Human and Health Services.
 58. Polaris Project Fact Sheet. (2012). https://polarisproject.org/resources/human-trafficking-trends-
2007-2012.
59. Aronowitz, A. A. (2001). Smuggling and trafficking in human beings: The phenomenon, the
markets that drive it, and the organisations that promote it. European Journal on Criminal Policy and
Research, 9(2), 163–195.
60. Clawson, H. J., N. Dutch, A. Solomon, & L. Goldblatt Grace. (2009). Human trafficking into and
within the United States: A review of the literature. Washington, DC: Office of the Assistant Secretary
for Planning and Evaluation, US Department of Human and Health Services.
61. Bales, K. (2012). Disposable people: New slavery in the global economy. University of California
Press.
62. ILO. (2012). ILO global estimate of forced labor: Results and methodology. ILO Publications.
63. Clawson, H. J., Dutch, N., Solomon, A., & Grace, L. G. (2009). Human trafficking into and within
the United States: A review of the literature. Washington, DC: Office of the Assistant Secretary for
Planning and Evaluation, US Department of Human and Heath Services.
64. Estes, R. J., & N. A. Weiner. (2001). The commercial sexual exploitation of children in the US,
Canada and Mexico. University of Pennsylvania, School of Social Work, Center for the Study of Youth
Policy.
 Chapter 4

Conceptual Frameworks to
Explain and Understand
Trafficking in Persons
Chapter Objectives
This chapter provides a comprehensive understanding of the following theories to explain human
trafficking:

Introduction: Trafficking in Persons: Theories

Trafficking in Persons: A Multidimensional Crime and Multiple Explanations
The Need for a Conceptual Framework
Trafficking in Persons and Globalization
Push and Pull Factors
Trafficking in Persons and Capitalism Theory: Globalization
Trafficking in Persons and Economic Theory of Value
Trafficking in Persons and Capitalism Theory
Trafficking in Persons and Industrial Capitalism
Trafficking in Persons and Migration
Trafficking in Persons: Process
Trafficking in Persons and Theories of Victimization
Trafficking in Persons and Victim Precipitation Theory
Trafficking in Persons and Lifestyle Theory
Trafficking in Persons and Deviant Place Theory
Trafficking in Persons and Rational Choice Theory
Trafficking in Persons and Anomie Theory
Trafficking in Persons and Conflict Theory
Trafficking in Persons and General Strain Theory
Trafficking in Persons and Trauma Theory
Introduction: Trafficking in Persons:
Theories
Although the study of human trafficking as a part of higher education curriculum is an emerging field, it
has been the subject of discussion for quite some time among higher education curriculum developers. It
began with the inclusion of human trafficking in the form of one- or two-week lectures into existing
courses. However, it did not take long for this one-to-two-week lecture inclusion to flourish into a subject
area on its own. Presently, this heightened interest in human trafficking as an area of study has been
incorporated into school, college, and university curricula. An interest in studying trafficking in persons as
an academic discipline has increased since the early 1990s. In 1994, the International Organization for
Migration (IOM) defined human trafficking as “the facilitation for money of largely voluntary illegal
migration,” a definition that today would adequately describe the term “human smuggling.”1 Since the UN
Palermo Protocol clarified what trafficking in persons entails and how it is different from human
smuggling, it has come to mean a coercive and exploitative “forced” crossing of international borders.
Burgeoning interest in the subject and its inclusion in academic curricula has resulted in a significant
amount of literature in the form of written reports, books, movies, monographs, documentaries, and
articles. These are excellent resources—the majority are descriptive explanations of human trafficking
based on the observations made by the authors or based on the stories told by survivors, victims, offenders,
and/or crusaders. These accounts, in some cases, may be supplemented with news media in form of news,
documentaries, reports, movies, and videos, etc. However, this expanding literature has not translated into
development of an effective conceptual framework for understanding human trafficking. Apart from the
description of processes, practices, routes, and the exploitation and torture that victims suffer at the hands
of the traffickers, there has not been any recognized conceptual framework for understanding human
trafficking.2 Such a lack of theoretical framework impedes comprehension of critical concepts and
rudimentary features of the environment that lead to the inception, existence, proliferation, and
perpetuation of trafficking in persons, despite national and international endeavors to control and prevent it.
There have not been any established conceptual frameworks explaining what causes human trafficking,
what induces these slave-like conditions, or why it persists.
Trafficking in Persons: A Multidimensional
Crime and Multiple Explanations
Trafficking in persons is a multidimensional crime occurring both between and within nations.3 Human
trafficking as a crime is ubiquitous in nature—it affects virtually every country in every region of the
world. It is a global crime that transcends all geographical and demographic boundaries. It engenders
conditions of modern-day slavery and severe human rights violations where victims are exploited for
economic gain. In many situations, victims are trapped into abusive and exploitative predicaments due to
their economic, emotional, geographical, and other situational vulnerabilities. They are unable to free
themselves from these tortuous conditions. It is an enterprise that violates basic human rights and deprives
a significant proportion of the world's population of their rights to life and liberty in order to make profits.
The majority of the people who fall prey to the fraudulent, cruel, and innovative ploys of the traffickers are
socially, economically, and politically vulnerable and come from marginalized segments of the society. Its
pervasive and multidimensional disposition presents challenges in ascertaining the roots of its inception
and the factors that allow it to perpetuate. It appears in myriad forms and silently penetrates the society. It
happens right in front of us and yet most of us do not recognize it. It is illegal everywhere but it happens
everywhere. The complicated nature of this crime makes its identification and apprehension difficult.
A general assumption is that economic, social, and legal factors contribute to the facilitation of
trafficking in persons. These factors contribute in making it easy for the traffickers to entice and entrap
unsuspecting individuals who may be looking for an opportunity to better themselves. Traffickers buy and
trade people and collect financial profits. They carefully target those who have dysfunctional family
histories, have no or little education, are homeless, and live in poverty-stricken developing countries with
limited knowledge or access to the basic resources necessary for life. They also target those who have
already been victims of sexual, mental, and or physical abuse.
By some accounts, trafficking in persons is a global crisis that is inextricably linked to the current move
of globalization. Greed coupled with maximum profit and minimum investment is the driving force that
perpetuates trafficking enterprises—be it labor, sex, or body parts and organs. Social and economic
vulnerabilities impel people to consent to working in less than ideal environments, and sometimes to sell
themselves and/or their family members in labor and sex bondage. Victims are exploited in a myriad of
enterprises, including labor, sex, body parts, and organs—to name a few.
The Need for a Conceptual Framework
A conceptual/theoretical framework is an essential element for understanding human trafficking and
developing effective strategies for reducing it and preventing it from perpetuating. A framework should be
able to examine the crime of human trafficking as a process as well as an act. It should be able to integrate
a complex array of factors considered necessary to better understand these crimes. Human trafficking is a
complex issue and difficult to conceptualize. It is difficult to separate the act from the process and the
offense from the offender. Since trafficking in persons is an emerging area of research, there are no specific
theories that have been used to explain trafficking in persons and its aftermath. In this chapter, we use the
existing theories to explain human trafficking as an event as well as a process. Here we discuss theories of
crime that help us understand trafficking as a crime as well as the nature of trafficker. We begin with the
theories that are associated with economic and political developments such as globalization, capitalism, and
industrialization. Then we move into the theories that explain crime using social and personal variables
such as culture, poverty, victimization, education level, and other related aspects of society and people.
Trafficking in Persons and Globalization
Push and Pull Factors
The existing literature on trafficking in persons provides enough information to speculate what factors in
a social, cultural, and economic environment propel and which ones curtail vulnerability to trafficking.
These are known as mitigating and aggravating factors and classified as push and pull factors in literature.4
Push factors describe the supply side—potential victims awaiting opportunities to offer their services. Their
desperation and eagerness to move out of poverty propels them towards traffickers. Social and economic
vulnerabilities intensify their susceptibility. Disadvantaged or marginalized social groups are highly
vulnerable to being entrapped by traffickers. These factors include poverty, marginalized social and
economic status, traditional and cultural practices, lack of education, lack of employment opportunities,
political and economic instability—in form of political and ethnic wars, discrimination based policies, and
natural disasters displacing people and forcing them to migrate to safer places—among many others. These
factors propel people towards traffickers readily and eagerly waiting to receive and exploit them. The pull
factors, on the other hand, represent the “demand” side of trafficking—such as the need for cheap,
submissive labor; commercialization and the sex industry; low-risk, high-profile trade; easy and fast means
of travel and/or transportation; poor enforcement of international treaties and policies on legal rights and
protection for trafficked victims; and victims' perceptions of a better life away from their homes.5

Trafficking in Persons and Capitalism Theory:

Globalization
Capitalism theory in the context of globalization seems to demonstrate the normalcy of exploitation of
labor—thus, in a sense, justifying the inception, existence, perpetuation, and proliferation of trafficking in
persons as an act as well as a process. An understanding of the main principles of globalization abridges
this conceptual justification. Globalization expands economic markets, leading to a rise in demand for
cheap labor. It also shrinks the world—bringing the diverse and distant parts of the world together—
leading to the expanded market with an ever-expanding supply of labor. Such a high and insatiable demand
for cheap labor and ready and often surplus supply of such labor breeds and perpetuates trafficking in
persons. In a globalized world market, trafficking in persons takes the form of any trade where fundamental
services—in the form of labor, sex, or coerced donation or removal of body parts—are exchanged for some
type of compensation. The existence of a relationship between supply and demand indicates that trafficking
in persons for labor and sex exploitation or other purposes can most directly be addressed from an
economic standpoint. An economic system that promotes human greed and labels money and power as
most important aspects of one's success and status in society leads people to exploit those who are in
vulnerable positions. People in harsh economic settings are more vulnerable to the deceptive tactics of
traffickers and from these harsh economic backdrops originate most victims.

Trafficking in Persons and Economic Theory of Value

According to economic theory of value, profit is the driver behind capitalist production. This theory
purports that a capitalist buys individual labor with an understanding that the capitalist has the right to
make use of the bought labor for a particular period of time in order for the capitalist to keep making
profits and ensuring that the workers receive wages. The capitalist is able to exploit the worker in order to
pay the worker and gain profits, which in the form of surplus value, is also known as unpaid labor,6 so as to
continue paying the worker, expanding capital gains, and replacing and/or hiring workers to continue the
business. Thus, according to this theory, trafficking of persons for exploitation in labor, sex, or other
operations emerges as an integral part of globalization and economics.7 For globalization to yield its
promised outcomes in form of economic prosperity, the use of infinite cheap and surplus labor to satiate the
ever-growing need and demand for such labor is normal. It is also within the normed expectations of
globalization as a system in order to maintain the anticipated prosperity in the globalized shrunken world—
where trafficking is not only normal but in fact a necessity. Thus, it facilitates and stimulates its inception,
existence, perpetuation, and proliferation. Some of the byproducts of globalization, including quintessential
expeditious human migration, international trade, rapid movements of capital, and integration of financial
markets, also assist in fostering interdependence between states for commerce and facilitating the transfer
of commodities for maximized production at the lowest cost. Globalization inadvertently leads to the
objectification and exploitation of humans for economic ends and the result is human trafficking. Since the
main objective is profit and profits are based on supply and demand, a high demand for cheap labor by
multinational corporations in developed countries automatically translates into trafficking and exploitation
of desperate workers who, in turn, are subjected to a lifetime of slave-like conditions.

Trafficking in Persons and Capitalism Theory

Capitalism theory demonstrates that labor exploitation—or what we may call trafficking in persons for
labor—is an integral element of capitalism theory. Its very existence is contingent upon surplus value
which is a byproduct of labor exploitation. Capitalism theory in the context of globalization can be used to
explain human trafficking. Technology has shrunk distances and condensed the world into a global
community ruled by profit. In this condensed, globalized community, relocation of people, both voluntary
and coerced, has become more prevalent than ever before—almost commonplace. The world is integrated
into “one capitalist political economy operating under a neo-liberal free market ideology” marked by
“disintegration, deregulation, denationalization, disinvestment and digitalization.”8 Whereas globalization
has disseminated practices, values, technology, and other human products throughout the globe9 and
created a borderless global economy reinforced by free trade, free flow of capital, and tapping of cheaper
foreign labor markets, it has also been an instrumental force in facilitating and perpetuating trafficking in
persons and intensified impoverishment, social disparities, insecurity, fragmentation of society, and
violation of human rights and human dignity. In a globalized world and industrial capitalism, trafficking in
persons translates into the commodification of human beings and the objective is profit—in simple terms,
providing compensation for services which both parties have consented to exchange. Administration of
such an agreement ensures trafficking of persons for profit by any means and for any purpose—including
labor, sex, organs, and body parts. The structure of capitalist society propagates trafficking in persons as a
crime committed by organizations due to the increased need for profit in a competitive economic
environment10 where there is an immense supply of cheap (surplus) labor.

Trafficking in Persons and Industrial Capitalism

Industrial capitalism is an economic system that allows breeding and proliferation of maximized profits
with the minimized investment. It flourishes on the economic concept of high demand and surplus supply
to attain maximum output with minimum input. Trafficking in persons thrives on an economic system that
promotes industrial capitalism. Its emerging trend of commodification of human beings fuels the growth of
human trafficking market. The capitalistic roots of trafficking in persons stem from an apparent existence
of a ready supply of surplus labor in the globalized market to satiate the ever-increasing desire, of buyers as
well as sellers, to make more and more profits. On the part of capitalists, it translates into exploitation of
the available people who are ready to provide that labor, and on part of the suppliers of labor (potential
victims), it translates into compliance with the demands of the capitalists (traffickers) to maintain jobs in an
environment where jobs are scarce. Easy and fast travel as well as increased immigration rates and the
offers of incredibly irresistible opportunities for better life and better money by the traffickers to vulnerable
populations have contributed to the growth of market for profit in human trafficking.
In capitalism, consent and coercion, and freedom and force go hand in hand and alternate their places—
each one is necessary for trafficking to continue. For example, in this system, workers are made to believe
that the wealth, accumulated in the hands of the capitalists (a minority) will sooner or later be redistributed
among all the workers. Thus, the workers are motivated to comply and work intensively without asking
questions—even under horrendous conditions—in order to enable the employers to accumulate wealth,
with the hope that sooner or later workers will be rewarded for their work and dedication.11 However, that
never happens. According to the capitalist theory, the ultimate goal of capitalism is not the redistribution of
wealth but its accumulation and concentration.
According to the liberal capitalist theory, one's property represents a sacrosanct extension of oneself, to
be disposed of according to personal predilection, and protected as if part of one's person. John Locke, in
his famous phrase “everyone has right to ‘life, liberty and estate,’” implying that an individual is free to sell
one's “estate,” or indeed to buy from someone else, so long as both parties exchange consensually and
without their liberty being infringed upon by force or coercion,12 may have very well predicted the
inception, perpetuation, and proliferation of trafficking in persons. Under capitalism, labor/work is a
property-like commodity to be bought and sold like any other inanimate object. From this perspective—
provided the worker can freely consent to the sale of his labor-power, without being subjected by the
capitalist to force or coercion—nothing untoward is said to have taken place, and the labor-capital
exchange can be formalized in contract, precisely as one does, for instance, with the sale of a house.13
According to the capitalism theory, globalization as well as the dynamics of particular industries engender
an environment where people's dependence on money and markets for subsistence creates a ready supply of
eager and desperate workers vulnerable to serious exploitation. Simultaneously, it creates intensified
demand for cheap labor and facilitates recruitment and transfer of such labor—leading to the potential
victims accepting offers made by traffickers.
Globalization has expanded the economic market. Both employers and employees have access to
advertising, buying, and selling of their services and products anywhere in the world. This encourages
capitalists to look for labor and services where they are in surplus supply and cheap to acquire. On the
other hand, people looking for jobs want to try their luck in those countries where there is a high demand
for their labor and better pay. However, legal avenues for migration and work permits are restrictive. In
some cases, people (potential victims) looking for employment are eager to offer their services where there
is a demand but cannot get there fast and are afraid to be left behind. They get restless and desperate. These
desperate people, eager to provide their services for money, start searching for brokers, recruitment, travel,
and other service providing agencies. During their search, they may stumble upon advertisements, and
actual traffickers or their agents, that inform them of places and persons who can help them get those jobs.
Their eagerness and desperation, most often, lands them right in the trap of the traffickers. Other times,
private recruitment agencies, intermediaries and employers may take advantage of this situation and lure
potential migrants into exploitative employment.14 Often, traffickers pose as recruiters for large nationally
and internationally reputable companies. They advertise false job opportunities as waitresses, models,
nannies, dishwashers, and maids; false marriage proposals; and false educational opportunities, among
other forms of deception.15 Literature suggests that although lack of education is one of the significant
variables that increases probability for a person to fall prey to the traffickers' tactics, people with a diverse
range of educational levels, including some with graduate degrees, have also succumbed to the deceptive
and enticing offers made by the conniving traffickers.
People at the margins of the global economy, regardless of their level of education, often choose to
adventure and apply for such advertised opportunities. In some cases, applicants knowingly submit
themselves to such exploitation as the least-worst option among their very limited set of alternatives. This
includes many of those identified as victims of trafficking, slavery, and forced labor, who had initially
consented and submitted their services willingly to their traffickers and exploiters, rather than being tricked
or kidnapped—making traffickers' job easy. Review the following case in Box 1.

Box 1: Case of a Sri-Lankan Woman

 Sometimes, traffickers (recruiters) advertise and are not subtle about their expectations. One of the
advertisements in a Kyiv (Ukraine) newspaper read:

Girls: Must be single and very pretty. Young and tall. We invite you to work as models,
secretaries, dancers, choreographers, gymnasts. Housing is supplied. Foreign posts available. Must
apply in person.16

Howard Neil (2015) postulates that international policymakers and global civil society are realizing that
“human trafficking, slavery and forced labor are not anomalies perpetuated by a few ‘bad apple’
employers. Rather, such severe labor exploitation is an endemic feature of the contemporary global
economy.” Howard states, “... from slavery and trafficking in the production of shrimp in Thailand to
artisanal cheese and clothing made by US prison labor, forced labor plays a significant role in commodity
production, as well as care, domestic, and sex work.” According to him, “poverty and globalization are
indeed fundamental for the rise and proliferation of seriously exploitative labor.” He discusses some
examples of such transactions where consent and coercion become blurred and difficult to separate. Some
of his examples are discussed here.
For example, consider a situation in which a mother feels an obligation to feed and take care of her
children but has no means of so doing. Out of desperation, “she has to accept the proposal of a ‘trafficker’
who promises to feed her children only if she'll commit to a period of sexual servitude. She accepts the
offer and is able to feed and take care of her children. In this case, did she consent or was she coerced? If
she was coerced, then who is guilty of coercion here? And where is the line between freedom and force?”
Is the woman who willingly “accepted the offer and sold herself in sexual servitude” a victim of trafficking
or an employee who willingly accepted the offer, knowing very well that she is expected to be exploited
and serve as a sex slave? Or in another example, “... a farmer, who is so indebted, as a result of trying to
keep his family afloat, ... agrees to sell himself into slavery-like debt-bondage in order to pay off what he
owes? Is his contract illegitimate simply because we find it morally unpleasant, and even though he has
offered his consent?”17
Many a time, marginalized classes (as discussed above) have limited or no opportunities within their
reach. For survival, they actually seek brokers, agents, or others who may promise to assist them to get a
job that will pay them even if it means exploitation. They opt for such opportunities and accept these
knowing very well of the forthcoming exploitation, as they know the alternative is not having any
opportunity. They believe “exploitation” to be a better option than “starvation.” They consent and accept
manipulative treatment in exchange for an opportunity to take care of themselves and/or family. Thus, in
globalized world, consent, contract, coercion, and exploitation become muddled terms, making it harder to
understand, address, determine, and distinguish employment from exploitation.

Trafficking in Persons and Migration

According to Salt and Stein (1997) human trafficking, especially international trafficking involving
movement across borders, can be explained as a profit-maximizing endeavor in the context of migration.
They contend that trafficking serves as an intermediary of the global migration business. It facilitates
movement of people and goods between origin and destination countries with relative ease. The model is
divided into three stages: the recruitment and transportation of new recruits/applicants; their movement en
route; and their insertion and integration into labor markets and host societies of destination countries.18
Trafficking in Persons: Process
In order to understand the explanation of trafficking, it is imperative to understand the process of
trafficking in persons. This process involves several steps. Trafficking begins with recruitment and
transportation. In this phase, traffickers gather information on sites where potential victims congregate and
reside, their social and economic vulnerabilities, stakeholders of the communities they reside in, and laws
regarding movement and transportation of people and goods. Next, they devise recruitment strategies—
such as advertisements, intermediary friends and businesses, identification of potential victims willing to
comply, and organizing travel visas and other documents. Traffickers have a vested interest in convincing
potential victims of the benefits of the job offer. Their advertisements and sale promotion techniques
provide a façade of authenticity and legitimacy. They have brochures and pamphlets describing the process
and breakdown of costs and benefits. Recruiters use a variety of techniques to manipulate and entrap
potential victims. Some traffickers openly advertise about their hiring needs and others use some
euphemistic advertisements. For example, some traffickers use local newspapers to advertise information
about opportunities in foreign countries for “dancers,” “waitresses,” or “call girls.” Applicants are given a
contact or website to provide their profile to match them with the available job opportunities. Other times,
prospective job seekers (potential victims) on their own seek services of intermediaries—who often are
traffickers—to assist them in the process of finding jobs and travel.
Traffickers use a variety of means of transportation and equipment to transport potential victims. They
may use transportation means—in the form of trucks, pickups, buses, ships, speed boats, and airplanes.
They collaborate with different travel agencies to arrange for transportation of the recruits. Traffickers also
need the assistance of document forgers to arrange for adequate documentation and for the enforcement of
procedures. They collaborate with forgers to provide falsified passports and entry visas, fake marriage
certificates, false work contracts with multinational firms and shipping companies, or false documents
relating to studies at universities and colleges, requests for family reunions, or visits for medical treatment.
Traffickers make sure that the potential job seekers understand that they are responsible for their travel,
living, and other necessary expenses. So, they either pay in advance in cash or mortgage their assets in
form of a signed contract or verbal agreement. The potential job seekers understand that there is no
guarantee of success and there is “no return” policy on their passports, identity cards, and other documents
which they must forfeit to the traffickers on arrival at the destination. They also sign a document certifying
that they will pay all the costs, will not talk or complain to any authorities, and will accept jobs in sectors
selected by the network with no right to complain (for example, prostitution for girls, manual labor for
men). The potential victims also understand that any of the broken promises will generate police arrest and
deportation, and in fact may also result in death by accident.
Transporting would-be workers and victims involves a careful and coordinated preparation. It involves a
clear set of organizational roles for the management of migrants while travelling to their destinations.
Immigration policies of the origin and destination countries; the distance between the origin and
destination; the political, legal, and social environment of the destination; and border and port security in
the origin and destination countries are some of the significant factors that determine the routes and plans
of transportation. It is an organized venture managed by collaboration of many actors from several agencies
and entities. The traffickers establish contacts with corrupt officials, border patrol officers, law enforcement
agencies, and other pertinent agencies and try to smuggle the potential workers through bribing. Some
reach their final destination in days while others may take months and years, depending upon the distance,
route taken, and the availability of corrupt law enforcement authorities.
The final stage involves their insertion and integration into labor markets of the destination country.
Once the victims reach their destinations, traffickers strip them of their identifying documents, isolate
them, and take them to the places where they can start working and making profits for the traffickers.
Trafficking in Persons and Theories of
Victimization
Frances and Zhilina (2010) propose that the victimization theory of domestic violence may be applied to
explain human trafficking at least partially—especially where the victims are females and they are sexually
exploited. They suggest that given the fact that the victims of trafficking are significantly similar to the
victims of domestic violence, it is worthwhile to use victimization theory to explain trafficking in persons'
victimization. They propose to employ the victimization theory of domestic violence to comprehend why
sex trafficking victims may stay in abusive and life-threatening situations and explain how and why
criminal justice agencies may find it difficult to “identify victims who may have initially agreed to leave
their homes upon false promises of legitimate jobs and education and why victims may be very reticent to
assist with any law enforcement efforts on their behalf.” Consistent with victimization theory, victims of
trafficking may suffer in silence and be unwilling to report or seek help as they may have convinced
themselves that they have to live/suffer the consequences of their actions since they believe that their
situation is what they “agreed to” or what they “deserve.” They suggest that if “enforcement barriers to
anti-trafficking laws are to be overcome, then victim risk assessment, vulnerability assessment, gender
inequality, immigration fears, and fears of criminal justice system personnel need to be understood in the
context of how existing legislation may help legal and social service agencies work together to combat
trafficking.” In order to effectively address trafficking in persons, assist victims, and prosecute perpetrators,
it is essential that the social and political conditions of the areas where victims reside are identified and the
reasons that dissuade them from coming forward and cooperating with the authorities are understood so as
to develop a local as well as globalized coordinated response.19

Trafficking in Persons and Victim Precipitation Theory

The victim precipitation theory can be applied to explain the inception, existence, perpetuation, and
proliferation of trafficking in persons as a crime. According to victim precipitation theory, often victims are
responsible for their victimization, at least partially if not wholly. This theory suggests the victim
him/herself initiates a contact and agrees to participate in the activity that may eventually lead to
victimization. In trafficking situations, literature suggests, people are desperately searching for
opportunities to improve their standard of living, to get away from the place that has limited employment
or advancement opportunities, or to get away from a place where they believe they are unhappy, politically
and personally repressed, or victimized in some other aspect. They are on the lookout for opportunities,
places, or persons that can facilitate their search and assist them in accomplishing their goals. When they
are unable to find legal means of accomplishing their goals, they seek assistance from brokers, recruitment
and travel service providing agencies, or the like.20 In most cases, they find traffickers awaiting such
eagerness and desperation. They are not only willing to assist them but they convince them that with their
help, their dreams and anticipated lifestyle are within their easy reach. They convince them that they will
help them accomplish their goals. The potential victims willingly and happily begin their doomed journey
into becoming victims of trafficking.

Box 2: Case of Victimization Initiated by the Victim's Family

 This theory suggests that, in most cases, the potential victims themselves initiate contact and agree to
participate in the activities that may eventually lead to victimization. Precipitation on part of the victim can
either be active or passive. Active precipitation exists when the victim knowingly accepts the offer and
passive participation is when the victim participates in activities without being fully cognizant of the cost.
In any case, the initial contact with the perpetrator is voluntarily made by the potential victim who was
fully aware of what he/she is looking for and the subsequent activities and actions were also voluntarily
accepted or in some cases even proposed by the victim. For example, review the following two cases. The
case in Box 2 describes a case where family approached an uncle in New York and sought his assistance in
educating their daughter and finding a job for her, as they were experiencing severe financial troubles at
home in Central Asia. The uncle graciously and eagerly obliged and offered to help. He promised that he
would register her for school and in her free time, she could work part-time for him in his corner store to
gain experience. However, when the niece arrived, he changed his mind and she was put straight to work
and exploited. She was never registered in any school.
Box 3 describes a case where a 15-year-old girl, “Alex,” living in a group home and frustrated with her
life there, was seeking an avenue to get out of the situation, which she believed was repressive. She
assumed she had found means to get out of this wretched situation when she met a 31-year-old man—
David was kind, gentle, and showed respect and affection towards her. She believed she was in love with
him and he was her boyfriend. She was convinced that her ticket out of the group home was David, her
new 31-year-old boyfriend, who showered her with love and attention. She approached him and he eagerly
offered that she could move in with him. Alex immediately agreed. Soon after she moved in with Alex,
David grew violent and began pressuring her to contribute financially and pay for her stay. He suggested
that if she could not find any other paying job, then she should offer to sleep with other men to make
money. When Alex did not like this idea, David convinced Alex that doing so would show her commitment
to the relationship, and besides, many other girls of her age in similar situations engage in sex for money to
maintain their lifestyles. He scared her with the real possibility of losing the relationship, apartment, and
freedom, if she did not comply. He convinced her that her options were limited, as she could not go back
anywhere, he was her only savior, and accepting his offer was the only way out. Alex was convinced that
David loved her and in order to maintain the relationship, she voluntarily agreed to be pimped out.

Box 3: Case of Victimization Initiated by the Victim Herself

 Both of these cases demonstrate that victims themselves initiated the actions that landed them into
trafficking victimization situations. Although the victims were duped into agreeing to accept the conditions
and to be readily available to provide services on demand by the traffickers and in both cases the victims
were later coerced and forced into victimization—making them eligible to be certified as victims of
trafficking in persons' crime—the theory of victim precipitation will purport that nobody else but the
victims themselves are responsible for their situations and victimization. According to the TVPA and the
United States they may be victims and eligible for services, but according to the victim precipitation
theory, they brought it upon themselves.

Trafficking in Persons and Lifestyle Theory

Another theory that can be used to understand and explain trafficking in persons' inception, existence,
perpetuation, and proliferation is lifestyle theory. This theory purports that victimization is a function of
one's lifestyle—victimization probability varies by lifestyle, absence of capable guardians, the environment
with which the potential victim interacts and the routine activities of the potential victim.21 It states that
crime is a function of an individual's chosen lifestyle and it is not random. According to this theory, certain
lifestyles have a higher probability of exposing and tempting the potential victims to engage in activities
that are more likely to increase the probability of victimization. Behaviors such as soliciting the services of
intermediaries to assist in finding jobs, going into the professions of modeling or acting, going on websites
to look for relationships, associating with certain type of individuals, and moving in with strangers—so-
called “boyfriends”—or similar activities increase the probability of victimization.
According to this theory, people who choose high-risk lifestyles such as taking drugs, drinking, running
away, or participating in similar deviant and/or criminal activities have a higher probability of becoming
victims of trafficking. Runaways and abused and molested youth have a higher probability of being
convinced by the traffickers' offer of a stable, safe, and loving environment and becoming entrapped in the
web of trafficking. Young people, college students who want to maintain their glamorous lifestyle, and
people in similar situations are more likely to be convinced by the traffickers' offers of high paying jobs
and making easy money. Such people are easily duped into signing contracts and moving in, and
sometimes even leaving homes/hometowns/countries, with the traffickers.

Box 4: Case of a Dancer and Stripper

Trafficking in Persons and Deviant Place Theory

Another theory that can be used to explain and understand victimization of trafficking in persons is the
deviant place theory. This theory suggests that victims may not actively engage or solicit the help of
perpetrators that may increase their chances of becoming trafficking victims. Rather, their probability of
becoming a victim is enhanced because they live in areas that are disorganized and contain high crime
rates. According to this theory, people living in such areas—which are termed “deviant places”—have the
highest risk of coming into contact with traffickers. The extant literature on human trafficking, in form of
reports and other research, points out that majority of the victims are from marginalized populations,
residing in marginalized areas of the communities. Thus, using deviant place theory, it can be demonstrated
that recruiters mostly go to the areas where they believe they will find potential victims—who are poor,
frustrated, helpless, and entrapped in poverty—to recruit, awaiting their arrival and welcoming their offers
and sometimes actually even paying them and rewarding them for their offers of assistance. The mere
location of their residence makes them more vulnerable to victimization. Both cases presented in Boxes 4
and 5 demonstrate that sometimes the location where a person is, may influence and lead to enhanced
probabilities for victimization. In the case of a dancer (presented in Box 4), she came to the United States
with an expectation that she will be able to perform at better places for better pay and be part of the theater
troupe, but the fact that she was a dancer and performed in bars and clubs in Russia increased her
probability of being exploited and trafficked. She ended up being a stripper and working almost without
any remuneration—the $50 she received barely paid for her stay, meals, and transportation. In most cases,
potential victims may borrow money to finance their travel. Money advanced to the potential victims is
from organized crime syndicates22 entrapping victims in debt bondage as well.

Box 5: Case of a Runaway and Drug Addiction

 In the case of a runaway youth, his desperation and drug addiction enhanced his likelihood of becoming
a victim and exploited. He was pimped out to older men for sex. The fact that he was a runaway and
homeless, sleeping on the streets, increased his vulnerability and made it easy for the traffickers to exploit
him and pimp him out. His addiction to drugs and lack of self-esteem also contributed to his victimization.

Trafficking in Persons and Rational Choice Theory

According to the rational choice theory, criminals are rational beings whose decisions to commit crime
are generally based on their rationalization of anticipated minimum costs and maximum benefits involved
in the process of crime perpetration. According to this theory, the criminal decision making process is a
function of free will requiring careful evaluation of the risks involved and the probability of successful
commission of the planned crime.23 This theory posits that victimization is not random; rather, criminals
carefully evaluate who to victimize24 so as to realize successful commission of the crime with minimum
effort and to gain maximum benefits. This theory can be used to explain the rationale of the traffickers as
well as the victims.
Traffickers carefully select potential victims. Knowing from their experiences and their associates, they
target those who have dysfunctional family histories, lack education, and are homeless or live in poverty-
stricken areas of the local or international communities, with limited knowledge of resources to begin
living a normal life. They also identify people who are desperate and eager to snatch any offer of
employment that will provide a way out of their miserable lives and communities. They may also target
victims who have already been victims of physical, sexual, psychological, or other forms of abuse and who
also don't have any sure means of escaping the torture. They cash in on potential victims with such mental,
social, and economic situations and conditions. In all cases, victims' and traffickers' rationalizations are
based on their understanding of a successful commission of the act which will bring them maximum
benefits,
On the other hand, potential victims also evaluate and make decisions to participate after a careful
evaluation of risks and benefits involved. To desperate people who believe they are trapped in situations
where they perceive no opportunities to get out of their social and economic adversity, traffickers' offers
may present some attractive alternatives to their marginalized lives. They may rationalize that even if they
were to be working in situations that may be below their anticipated standards and actually involve
exploitation, they will still make a lot of money. They believe traffickers' offers to be the only few options
they may ever have to help themselves. So, after careful deliberation, they willingly consent to the offers.
According to the rational choice theory, both traffickers and the would-be victims carefully evaluate,
rationalize, and make decisions to participate in the act—implying that would-be victims knowingly and, in
fact, after a careful deliberation make a decision to risk victimization—in very much the same fashion as
criminals (traffickers) evaluate, rationalize, and make a decision to take a risk of apprehension if they were
caught in the act of committing a crime.

Trafficking in Persons and Anomie Theory

Anomie theory posits that the common individualistic goal of “monetary success at all costs” encourages
and facilitates an environment conducive to developing and using innovative ways of making profit. Often
this innovation manifests in the form of criminal enterprises—such as trafficking. Limited opportunities to
make fast money and the need for profit create an enormous amount of “strain.” This “strain,” coupled with
cultural beliefs, politics, and external contingencies, thrusts individuals into such a psychological state that
they view unethical behaviors as “normal way of life” and begin to believe it as a necessary step to reach
the individualistic goal of “monetary success.” The strong emphasis on economic prosperity, the
materialistic focus of society and the need for monetary success at all costs overwhelm and overshadow
individual and societal ethics. The four main tenets of the “American Dream”—achievement,
individualism, universalism, and materialism—steer individuals into developing strategies for monetary
success by any means necessary and regardless of the available opportunities.25

Trafficking in Persons and Conflict Theory

To some extent, conflict theories may be used to explain human trafficking as a crime of both types—
labor and sex. The main explanatory variables in conflict theories are power and control. According to
conflict theories, social, political, or material inequality among different groups allows the powerful to
control activities and movements of those without any, or with little, power in their communities. Conflict
theories premise that social inequality is created by the rich and powerful in order to maintain their own
power and wealth. They create social structures that are geared towards maintaining the unequal
distribution of power and wealth and blocking all possibilities of exit or upward mobility for poor classes.
The people without power and money depend on the powerful to survive. The powerful have the authority
to exploit and control the existing resources including human beings.26
Conflict theory can be applied to understand the thinking processes of traffickers and potential victims.
For example, it purports that crime is a function of economic and social drives within a society. The
potential victims feel marginalized in their current situations and are looking for ways and means of getting
out of their situations. So, they start looking outside their close circles and seek the assistance of the people
they believe will help them with their goal of moving out and moving up. There is a constant conflict
between potential victims searching for ways of getting out of helpless and powerless situations and the
traffickers making sure that does not happen. The traffickers have power and resources while the potential
victims—who have no resources and no power—are dependent upon traffickers for survival. Thus,
traffickers use their power to exploit groups with less power than themselves. Victims accept the offers
given by traffickers hoping they will be helped. Unequal distribution of power relations in a community
fuels control and exploitation, leading to the inception of trafficking in persons.
Traffickers are empowered further by the victims' acceptance of the offers. These offers give traffickers
power to further strip the victims of any little power they have in the form of their identities tied to their
families, traditions, and connections to their communities. So, now the traffickers have power, money, the
victims' identity documents in the form of passports or other documentation, and have separated them from
their families, traditions, and communities. Victims have no power or money to escape the situation they
are trapped in. They willingly gave up the little power they may have had. Their only option is to work
their way out. On the other hand, the traffickers have the power and means to make rules and control the
victims and their families. They make every effort and manipulate to ensure that there is no exit or
movement of the victims from a “without power” position to a “with power” position.

Trafficking in Persons and General Strain Theory

General strain theory may offer some help in understanding the dynamics of trafficking in persons and
the attitude of the victims who may willing accept situations where they will be exploited and manipulated.
According to Agnew (2007) “people engage in crime because they experience strains or stressors.”27 This
concept of experiencing stress or stressors can be applied to understand victims' state of mind and their
thinking process in accepting traffickers' offers of jobs or other opportunities happily and willingly (in
some cases, even when they are fully aware of what is expected of them and the possibilities of
exploitation). For example, when people feel trapped in poverty and desperate situations and believe that in
their local communities, they do not have any chance of ever getting out of poverty, they may experience a
range of negative emotions, including desperation, which leads them to traffickers. Most of the cases—both
in labor and sex—demonstrate that people (potential victims) willingly accept traffickers' offers out of
desperation and stay in those exploitative situations even when they are given opportunity to leave. They
perceive traffickers' offers, even though exploitative, as better than the alternative of no offers. Thus, in
order to relieve themselves of their stress, desperation, and other negative emotions, they accept job offers
that may involve exploitation and manipulation on the part of the traffickers.

Trafficking in Persons and Trauma Theory

Trauma theory can also provide some help in understanding trafficking in persons as a crime as well as
the state of mind and decision making process of the victims. Terr (1990) purports that “psychic trauma
occurs when a sudden, unexpected, overwhelming intense emotional blow or a series of blows assault the
person from outside. Traumatic events are external, but they quickly become incorporated into the mind.”28
Van der Kolk (1989, 2012) stated that “Traumatization occurs when both internal and external resources
are inadequate to cope with external threat.”29 These definitions and statements imply that it is not the
trauma in itself but rather it is the victim's reaction to the traumatic event that determines their response. In
manipulating and maintaining power and control over the victims, traffickers use betrayal of their trust,
pain, and punishment as instruments to inflict pain, fear, and trauma on the potential victims. As the trauma
theory suggests, trauma victims “keep repeating the same destructive interpersonal behaviors without even
recognizing the pattern of repetition and without acquiring the knowledge to manage the high emotions
surrounding the change.”30 Victims and survivors of trauma experience flashbacks, body memories, post-
traumatic nightmares, and behavioral reenactments. This is evident in victims of trafficking. The extant
research shows that the victims are unwilling to ask for help or make efforts in escaping from trafficking
situations, as they do not “recognize the pattern” and they do not acquire the knowledge to manage the
situation. So, they keep staying in the situation. Just like victims of trauma, trafficking victims who survive
and are rescued are also not able to forget about their experiences; they re-experience this trauma and the
crime over and over, most often for the rest of their lives. Like trauma victims, trafficking victims also
experience flashbacks, body memories, post-traumatic nightmares, and behavioral reenactments. Trauma
theory can also be used to explain traffickers' tactics in maintaining control over victims through infliction
of fear and trauma as well as victims' state of mind and decision making process. Such control hampers
victims' ability to ask for help or accept any assistance. They stay in the situations.
Conclusion and Chapter Review
We have discussed the use of various existing theories to explain and understand trafficking both from
traffickers' and victims' perspective. Based on the theories we used to explain trafficking in persons, it is
fair to assume that social, cultural, and economic environment; a poor home environment; and the desire
for a better life but lack of opportunities for such a desire to be fulfilled, coupled with traffickers'
convincing arguments and offers to help, push people to willingly and knowingly move towards situations
and accept to engage in activities that may lead to victimization. Figure 1 presents this relationship.

Figure 1: Social, Cultural, and Economic Environment and

Trafficking in Persons Victimization

So, in essence, we discussed the following:

Trafficking in Persons—A Multidimensional Crime and Multiple Explanations

The Need for a Conceptual Framework
Trafficking in Persons and Globalization
Push and Pull Factors
Trafficking in Persons and Capitalism Theory: Globalization
Trafficking in Persons and Economic Theory of Value
Trafficking in Persons and Capitalism Theory
Trafficking in Persons and Industrial Capitalism
Trafficking in Persons and Migration
Trafficking in Persons: Process
Trafficking in Persons and Theories of Victimization
Trafficking in Persons and Victim Precipitation Theory
Trafficking in Persons and Lifestyle Theory
Trafficking in Persons and Deviant Place Theory
Trafficking in Persons and Rational Choice Theory
Trafficking in Persons and Anomie Theory
Trafficking in Persons and Conflict Theory
Trafficking in Persons and General Strain Theory
Trafficking in Persons and Trauma Theory
Discussion Questions
1) Identify the theories that explain trafficking as a byproduct of globalization.
2) Discuss the role of victims in their victimization. Identify the theory that holds victims
themselves are responsible for their victimization.
3) What are three pull and three push factors that propel trafficking victimization? Give
examples.
4) How are fear and trauma used as mechanisms to control victims of trafficking?
5) Describe the similarities between the victims of trafficking and victims of domestic
violence.
6) How does rational choice theory explain victims' response to trafficking? Discuss.
7) Find a trafficking in persons case as reported in one of the newspapers and discuss it.
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Notes
1. Laczko, F. (2005). Data and research on human trafficking. International Migration, 43(1 2), 5–16.
2. Bruckert, C., C. Parent, & Royal Canadian Mounted Police. (2002). Trafficking in human beings
and organized crime: A literature review. Research and Evaluation Branch, Community, Contract and
Aboriginal Policing Services Directorate, Royal Canadian Mounted Police.
3. Barry, K. (1984). Female sexual slavery. NYU Press.
4. Hughes, D. M. (2004). The role of “marriage agencies” in the sexual exploitation and trafficking of
women from the former Soviet Union. International Review of Victimology, 11(1), 49–71.
5. This endnote has two references:
1) James, C. & Atler, S. (2003). Highly affected, rarely considered: The International Youth
Parliament Commission's report on the impacts of globalization on young people. Sydney:
International Youth Parliament (lYP) Oxfam Community Aid Abroad.
2) US Agency for International Development. (2006, March). Trafficking in persons: USAID's
response. Washington, DC: US Agency for International Development, Office of Women in
Development.
6. Lapon, G. (2016, September 19). What do we mean by exploitation? SocialistWorker.org.
https://socialistworker.org/2011/09/28/what-do-we-mean-exploitation.
7. Brewer, D. (2008). Globalization and human trafficking. Tropical Research Digest: Human Rights
and Human Welfare, 46–56.
8. Shift, G. (2011). Mapping the Changing Contours of the World Economy. New York: Guilford.
9. Bales, K. (2005). Understanding global slavery: A reader. University of California Press.
10. Barnett, Randy E. (1984). Review essay/public decisions and private rights. Criminal Justice
Ethics, 3(2), 50–62.
11. Lewis, W. A. (1954, May). Economic development with unlimited supplies of labour. The
Manchester School, 22(2), 139–191.
12. This endnote has two references:
1) Bowe, J. (2008). Nobodies: Modern American slave labor and the dark side of the new global
economy. Random House Incorporated.
2) Howard, N. (2014, April 24). ‘Trafficking’, ‘Slavery’ and ‘Forced Labour’—Liberal
Capitalism's (Un)Holy Trinity? The GRaSe Blog. https://blogs.eui.eu/grase/trafficking-slavery-
and-forced-labour-liberal-capitalisms-unholy-trinity.html.
13. Lebaron, G., & N. Howard. (2015, February 15). Introducing Beyond Slavery's month on forced
labour in the global political economy. Open Democracy.
https://www.opendemocracy.net/beyondslavery/genevieve-lebaron-neil-howard/introducing-beyond-
slavery%E2%80%99s-month-on-forced-labour-in-g.
14. United Nations Global Initiative to Fight Human Trafficking (UN.GIFT), 2014.
http://www.ungift.org/.
15. Malarek, V. (2011). The natashas: The horrific inside story of slavery, rape, and murder in the
global sex trade. Skyhorse Publishing Inc.
16. Malarek, V. (2003). The natashas: Inside the new global sex trade. New York: Arcade Publishing.
17. Howard, N. (2014, April 18). On capitalism and coercion: Are trafficking, slavery and forced
labour actually necessary for maintaining liberal capitalism? AlJazeera.
http://www.aljazeera.com/indepth/opinion/2014/04/capitalism-coercion-2014417133923106962.html.
18. Salt, J., & J. Stein. (1997). Migration as a business: The case of trafficking. International
Migration, 35(4), 467–494.
19. Bernat, F. P., & T. Zhilina. (2010). Human trafficking: The local becomes global. Women &
Criminal Justice, 20(1–2), 2–9.
20. United Nations Global Initiative to Fight Human Trafficking (UN.GIFT), 2014.
http://www.ungift.org/.
21. Van der Hoven, A., & A. Maree. (2005). Victimisation risk factors, repeat victimisation and victim
profiling. Victimology in South Africa, 65.
22. Skeldon, R. (1994). East Asian migration and the changing world order. Population Migration and
the Changing World Order. Chichester, UK: John Wiley & Sons, 173.
23. Lanier, M. M., S. Henry, & D. J. M. Anastasia. (2014). Essential criminology. Perseus Books
Group.
24. Brown, S. E., F.-A. Esbensen, & G. Geis. (1998). Criminology: Explaining crime and its context.
Cincinnati: Anderson.
25. This endnote has two references:
1) Messner, S. F., & Rosenfeld, R. (1997). Political restraint of the market and levels of criminal
homicide: A cross-national application of institutional-anomie theory. Social Forces, 1393–
1416.
2) Messner, S. F., & R. Rosenfeld. (2012). Crime and the American dream. Cengage Learning.
26. Box, H. Human Trafficking and Minorities: Vulnerability Compounded by Discrimination.
Topical Research Digest: Minority Rights (nd), 28–29.
27. Agnew, R. (2007). Pressured into crime: An overview of general strain theory. Oxford University
Press.
28. Terr, L. (1990). Too sacred to cry: Psychic trauma in childhood. HarperCollins Publishers.
29. This endnote has two references:
1) Van der Kolk, B. A. (1989). The compulsion to repeat the trauma. Psychiatric Clinics of
North America, 12(2), 389–411.
2) Van der Kolk, B. A., & A. C. McFarlane, eds. (2012). Traumatic stress: The effects of
overwhelming experience on mind, body, and society. Guilford Press.
30. Bloom, S. L. (1997). Creating sanctuary: Toward the evolution of sane communities. Routledge.
 Chapter 5

Trafficking in Persons:
Human Trade
Chapter Objectives
This chapter provides a comprehensive understanding of the following:

Commercializing Humans for Organ Removal

Trafficking in Persons and Organ Trade: An Overview
Organ Transplantation: A Medical Wonder? Or Designer of a New Branch of Trafficking?
Who Are the Main Actors Involved in Organ Trafficking?
Organ Trafficking: An Organized Crime?
Who Are the Donors: Victims?
Process: How Are the Donors/Victims Recruited?
Trafficking in Persons Protocol and Organ Trafficking
The United Network for Organ Sharing (UNOS) and Organ Transplant Tourism
Organ Trafficking: History
Laws Prohibiting Organ Trafficking
The Trafficking in Persons Protocol and Removal of Organs
The Optional Protocol to the Convention on the Rights of the Child
Council of Europe (CoE) Convention: The Oviedo Convention
The Charter of Fundamental Rights of the European Union, (2000/C 364/01) Article 1
The Declaration of Istanbul on Organ Trafficking and Transplant Tourism (2008)
Issue of Consent or Coercion?
Trafficking in Persons for Organ Removal and Organ Trafficking: Same or Different?
International Guidelines for Human Cell, Tissue and Organ Transplant
Strategies for the Prevention and Control of Organ Trafficking and Trafficking in Persons for
Removal of Organs
Address the Root Causes
Reduce the Demand for Irregularly Procured Organs
Raise Awareness
Local and International Laws Coordination
Conclusion
Challenges: Detection, Investigation, and Prosecution of Organ Trafficking Crime
Indicators of Trafficking of Persons for Organ Removal
Assistance to the Victims
Introduction: Trafficking in Persons:
The Organ Trade
Trafficking in persons for the purposes of organ removal is believed to be an industry bringing in profits
worth billions of dollars. In the most recent times, it has become a human import/export industry—more
ruthless and sophisticated than ever before, employing a growing array of opportunists who trap, exploit,
rape, and rob victims not only of their dignity and identity but also of body parts. Carrying out these
transactions involves not just traffickers, organized crime syndicates, greedy corporations, and businesses
but also unscrupulous health professionals, hospital staff, adoption agencies, and other entrepreneurs. This
import and export industry knows no moral, social, or geographic boundaries. This is an industry where
hopelessness and greed create a “sinister and sometimes lethal combination.”1 The drive for money without
any ethical standards directs businesses, creating a climate where people are seen only as means to an end.
Greed transforms human beings into commodities for sale and/or to be exploited for profits. Trafficking
causes a corruption of spirit and turns involved people into robotic machines devoid of any humane regard
for the physical and emotional well-being of their victims or others.
Although organ trafficking and trafficking in persons for the purpose of organ removal are considered
significant transnational crimes, neither international criminal law nor individual states' domestic criminal
laws provide adequate guidelines as to how to address these crimes. It has thus functioned in practice
largely as what might be judged a “stateless” offense, out of the purview of both international and national
courts. Thus, these forms of organ trafficking remain widespread—and devastating to those who are its
victims.2
Trafficking; smuggling; exploitation for sex and labor; the stealing, buying, and selling of babies with its
accompanying exploitation of pregnant teenage girls; and organ removal are some of the latest schemes
that bring enormous amounts of money to feed the greed of traffickers. It has become one of the most
lucrative and the most lethal trades in the world. The “ferocious violence and anarchy in the business has
kept the scales of profits and misery hidden,”3 often under the pretense of helping poverty stricken people
with jobs, giving them an opportunity to lead normal lives, and saving lives through organ donations.
Human trafficking is a depraved crime against humanity wreaking havoc upon the social fabric of each
community, city, state, region, and nation. No country is immune to this crime, with all serving in one or
the other capacity—as origin, transit, or destination for victims. It takes place in the poorest slums of the
least-developed countries just as it does in the major cities of one of the most prosperous nations on earth—
the United States. Most human trafficking is facilitated by transnational criminal organizations, which have
integrated networks, connections, and resources that allow for their activities to go under the radar.4 In a
true sense, trafficking in humans is “a manifestation of a continued theme that, at root level, is still a by-
product of the class war and prejudices of old. It is driven by greed and a lack of value for oneself and,
ultimately one's neighbor.”5
This chapter discusses the economics of human trade in terms of organ trafficking and other
exploitations for profit. It provides an overview of trafficking in persons for the purpose of organ removal,
organ trafficking, and trafficking of organs—distinct forms of trafficking that require special knowledge
and skills to be understood and addressed. This chapter examines the phenomenon and the context in which
trafficking in persons for organ removal takes place, the relevant legislative framework that provides
information on what it is, and how to address this issue. The chapter also provides an overview of
international legislation and guidance, as well as the main actors involved and the process used to carry out
this sinister crime.
Commercializing Humans for Organ Removal
Trafficking in Persons and the Organ Trade:
An Overview
Trafficking of human beings for organ removal, also referred to as illicit organ trafficking and the
unlawful sale of human organs, is a multimillion-dollar black market industry.6 This illegal trade has been
banned in all World Health Organization (WHO) member states with the exception of Iran. The Global
Observatory and Database on Donation and Transplantation—the product of a collaboration between WHO
and the Spanish National Transplant Organization—reported that 118,127 solid organ transplantations
(kidney, liver, heart, lung, pancreas, or small bowel) were performed in 2013. A majority (79,000), were
kidney transplants, followed by 25,000 liver transplants.7 According to the Global Observatory on
Donation and Transplantation Report, in 2013 there was about 2.98 percent increase in the number of organ
transplantations in the globe compared to 2012. The same report also stated that this reflects only 10
percent or less of the global transplantation needs being met. In a section of Europe—known as the Euro
Transplant Region—more than 10,000 patients were registered on the waiting list for an organ in 2012.8 In
the United States, as of January 6, 2014, there are more than 120,999 candidates waiting for organs (77,073
of whom are active waiting list candidates), but only 10,587 donors registered in the US as of March that
year.9
According to WHO Report (2010) over 119,000 people are on the transplant list in the United States
alone as of 2015. Around 6,000 heart transplants and 21,000 liver transplants take place yearly, whereas
there are close to 65,000 kidney transplants yearly. However, the number of organ transplants worldwide is
meeting less than 10 percent of the demand for necessary transplants needed. The demand for organs
significantly outweighs the supply of organs. The cost of healthcare and technical capacity of countries
along with stringent laws in certain countries have led to the growth of the illegal organ trading market.10

Organs Transplantation: A Medical Wonder? Or Designer of a New Branch

of Trafficking?
Organ transplantation is one of the most remarkable medical inventions. Since the first kidney transplant
in 1954, it has evolved from experimental procedure to common therapy for many serious conditions—
saving and prolonging the lives of thousands of patients worldwide. Advancement in medicine and
technology has made transplantation of organs, cells, and tissues viable and effective therapies across a
wide range of both fatal and non-fatal diseases. The high success and survival rates of transplantation of
organs and cells, such as the kidney, liver, and heart or hematopoietic stem cells in immunosuppressed
patients, have led to high levels of demand globally. The success rates for transplantation of certain cells or
tissues which do not require immunosuppression have also ensured that such procedures are frequently the
treatment of choice in the respective therapeutic areas.11
Owing to the continuous improvements in medical technology, particularly in relation to organ and
tissue rejection, the transplantation of human organs, tissues, and cells has become a worldwide practice
which has extended, and greatly enhanced, the quality of life for hundreds of thousands of patients.
Simultaneously, such advancements have also led to an increase in demand for organs and tissues, which
has always exceeded supply despite a substantial expansion in deceased organ donation as well as greater
reliance on donation from living persons in recent years.12 Consequently, more and more transplantations
are performed and more and more patients are certified to be fit to receive the transplant. Since the number
of patients needing the transplant exceeds the available organs, they are placed on the waiting list for
transplantation. This sets a stage for innovative ways of getting organs.
 While organ transplants have been carried out for a long time, the issue of organ trafficking has only
recently emerged as a problem considered to be of such a magnitude that it requires international concern.
In the 1980s, advancement in anti-rejection drugs—drugs that facilitate body's acceptance of foreign
objects—provided doctors a way to perform transplants with high success rates. The living donor
procedures of the kidney, liver, cornea, and lung transplants are supported by medicine. Medical
regulations regarding live human transplantation of organs were relaxed a few years later, allowing for
organs to be potentially traded.13
According to the US Department of Health & Human Services, on the national level in 2015, there were
a total of 120,977 people in need of organ transplantation and approximately 15,000 organ donations were
made. On average, in the United States, one person is added every ten minutes to the national organ waiting
list and about 22 people waiting for organs for transplantation are dying each day.14 Tragically, the
advancements that prolonged and enhanced quality of life years for many, have also led to an increase in
the demand for organs and tissues in the black market. When the demand cannot be met by legally obtained
donations from the deceased or living persons' organ donations, the alternate black market surfaces. Critical
demand for organs and such a severe shortage of supply serve as motivation for traffickers to buy and sell
organs for profit. Desperate patients, especially the ones who can afford it, may seek strategies to obtain
organs illegally, outside legal transplantation frameworks. Medical and scientific advances have brought an
opportunity for survival and a chance at second life for people who can afford it. However, the same
advances have also led to the increased demand for organs, resulting in the exploitation of poor, ignorant,
and helpless people. In order to give a chance of life to some, traffickers employ tactics to snatch life out of
others.

Who Are the Main Actors Involved in Organ Trafficking?

The successful transplantations have created a long list of patients waiting for transplantation, which in
turn have created an avenue ready for exploitation by national as well as international organ trafficking
syndicates. Simultaneously, it has provided temptations to the poor and desperate masses who see selling
organs as a means of survival and providing for their families. Such desperate situations facilitate
traffickers' sinister tactics. The transnational organized crime syndicates are involved in trafficking people
for the purpose of organ removal and the organs themselves. Traffickers exploit the desperation of both
parties—donors and recipients. They exploit potential donors (victims) who have healthy organs, have seen
advertisements, and have heard convincing arguments that some organs can be donated (sold) without any
harm to their health. They perceive their organs as means to improve the economic situation of themselves
and their families. On the other hand, the traffickers exploit the desperation of recipients who may have the
money but only a few options to improve or prolong their lives. The victims of this crime—like the victims
of other forms of trafficking—may be impoverished and from otherwise marginalized populations,
however, this crime involves a high order of sophisticated technical skills on the part of the traffickers.
Organ trafficking requires more actors than the usual trafficking enterprise in which traffickers solicit and
recruit victims and then supply them to others for exploitation. In the case of organ trafficking, in addition
to the solicitors and recruiters as in other trafficking ventures, there have to be hospitals, donors, highly
trained technical staff, nurses, medical personnel handling the organs when they are in transit, and doctors.
Thus, the traffickers in this crime may not be common criminals. Rather in most cases, they are: recruiters
(also called brokers, organizers, connectors, coordinators, middlemen, or kidney hunters); medical
professionals (including specialist doctors such as surgeons and nephrologists—medical doctors who
specialize in kidney care and treating diseases of the kidneys—as well as nursing staff and other medical
staff); and other private and public sector facilitators (such as hospitals, transplant centers, laboratories and
other medical facilities, as well as their staff, insurance companies, travel agencies, airlines and their staff,
guards, drivers, service providers, law enforcement officials, and translators). Although organ recipients
(“patients,” “buyers”) have largely not been found to be perpetrators of trafficking in persons for organ
removal, they may have been knowingly or unknowingly involved as recipients of organs that come from
trafficking victims. Victims of trafficking in persons for organ removal (also called “donors,” “victim-
donors,” “sellers,” or “organ suppliers”) may not have actively engaged in the trafficking schemes. They
may, however, take on active roles, e.g., by approaching brokers and offering their kidney for sale.15 In
many cases, reputed hospitals may operate as brokers, while also providing accommodation for both
recipients and suppliers. Potential organ suppliers (traffickers) may directly approach medical facilities,
especially those that are presumed to be involved in the illegal transplantation business. Generally, a
number of tests are performed before the donor is accepted. Thus, laboratories and laboratory technicians
also become part of the team of traffickers working to bypass legal and ethical standards. These facilities
and the technicians may be part of the brokers' teams, engaged in matching a vulnerable, inadequately
informed, or totally uninformed donor to a recipient. Laboratories may also take on “brokering” functions,
by spreading the word of the benefits of organ sales among possible organ suppliers and recipients and
establishing contacts with organ brokers.
Other actors in trafficking for organ removal may include travel agencies specialized in medical tourism,
translators, and corrupt law enforcement officers. The Organization for Security and Cooperation in Europe
(OSCE) reported that drivers, minders (persons who accompany organ suppliers and recipients, who are
from countries that are different from the country in which the removal and transplantation take place,
during their travel to and from the transplant operations), and others who would have mere supporting roles
in networks, functions that would be relatively minor but necessary to a network's undertaking, are also
part of the trafficking team. Translators are needed in situations where medical personnel, brokers,
suppliers, and recipients originate from different countries. They may also be part of the group/team
engaged in victimizing ill-informed victims/donors.16
According to the UNODC (2015), trafficking syndicates may also include corrupt law enforcement
officers. For example, immigration and customs officials might receive payoffs for not reporting forged
travel documents or to “secure” a border crossing.17 In some cases, local politicians and police and their
family members and friends function as brokers—receiving kickbacks from hospitals, doctors, and other
agencies “in exchange for recommending them to handle various aspects or phases of kidney
transplantation.”18 Some medical professionals and hospitals involved in illegal organ transactions have
been found to have close links with law enforcement officers assisting the trafficking venture by
overlooking rules governing transplantations.19 Others may include bankers, lawyers, pharmaceutical
companies, religious organizations and charitable trusts, patient organizations, embassy staff, and
advertisers for online and print advertisements. Such an expansion of the prospective pool of traffickers
and change in the typology of the traffickers (perpetrators) makes their detection and apprehension even
more difficult and challenging.

Organ Trafficking: An Organized Crime?

As discussed above, for the successful existence and operation of organ trafficking, solid collaboration
among various actors and entities is imperative. In many cases, these actors and entities may be spread over
the globe. All these variables point towards it being a form of organized crime. According to Article 2(a) of
the UN Organized Crime Convention, an “organized criminal group shall mean a structured group of three
or more persons, existing for a period of time and acting in concert with the aim of committing one or more
serious crimes or offenses established in accordance with this Convention, in order to obtain, directly or
indirectly, a financial or other material benefit.”20 According to UNODC's 2014 Global Report on
Trafficking in Persons, criminals who commit trafficking in persons' crimes can act alone, with a partner,
or in different types of groups and networks. The more complex and more transnational trafficking
operations are, the more likely they require concerted actions of several actors, that is, some degree of
organization.21
According to UNODC (2015), in case of organ trafficking, some brokers, doctors, former kidney
suppliers, and government officials may work as a team or operate individually. In other cases, “the groups
may be well-organized, to some extent hierarchical networks, but also have some improvised elements,
with some actors coming in rather spontaneously—such as low-level, local recruiters, who might be quite
easy to replace.”22 Since a strong collaboration among various actors in the organ trafficking enterprise is
almost a requisite, and the enterprise often involves locals as well people across borders, it may be easier
for the criminal justice practitioners to classify cases of trafficking in persons for the purpose of organ
removal as cases of organized crime and/or transnational organized crime. This classification may provide
additional funding, better investigative techniques, and means of international cooperation.

Who Are the Donors: Victims?

The extant literature suggests that donors come from all over the world, so their nationalities vary.
However, the most common characteristic of all donors—regardless of their nationality—is that they seem
to be poor and predominantly from countries with a large proportion of the population living below the
poverty line. The majority also come from countries where the laws and regulations are weak and
authorities are unable or unwilling to effectively prohibit and prosecute trafficking in human beings for the
purpose of organ removal. In general, victims of trafficking in persons vary from case to case and include
men, women, and children; the well educated, the illiterate; and being from very poor countries, as well as
from developed countries. The same is true in cases of the victims of trafficking in persons for organ
removal. Because kidneys from young suppliers are the most marketable, the majority of the donors are
young men—with an average age of 30 years old.

Process: How Are the Donors/Victims Recruited?

Traffickers—sometimes known as recruiters or brokers—use different tactics to entice donors into an
illicit or illegal transplant scheme. The potential donors are identified generally form poverty stricken and
marginalized sections of communities and approached by a third party, such as recruiters, brokers, etc. The
most common deceptive tactics and convincing influences used by brokers or recruiters include convincing
the donor that the “operation is painless and risk-free,” “a second kidney is not needed,” and “the removed
kidney grows back.” Other times donors are promised a legal permit to travel abroad and find a job there.
They are also promised a hefty amount of money. However, the existing literature suggests none of these
promises is kept and the donors/victims receive nothing or very minimal post-operative care (if at all) and
are without the financial means to access local health institutions.23 In some cases, the literature suggests
that the donors who sell their organs may have been “recruited, transported, transferred, harbored and/or
received by persons—recruiters, brokers, recipients, doctors etc.—who may have an enormous amount of
power to influence the would be donors' decisions.”24 They may abuse their position of vulnerability,
frequently deceive them, and on occasion coerce them into parting with one of their organs and convince
them that this is/was their best option.25

Trafficking in Persons Protocol and Organ Trafficking

The trafficking in Persons Protocol supplementing the Transnational Organized Crime Convention
includes trafficking in persons for the purpose of organ removal. The United Nations Trafficking in
Persons Protocol defines “Organ Trafficking.” According to UNODC, organ trafficking entails “the
recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force
or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person, for the purpose of exploitation” by the removal of organs, tissues, or cells for
transplantation.26
This definition of organ trafficking captures various exploitative measures used in the processes of
soliciting a donor in a commercial transplant. Exploitation is the threat or use of force or other forms of
coercion, abduction, fraud, deception, and abuse of power or position of vulnerability. The commercial
transaction is a central aspect of organ trafficking—the organ becomes a commodity and financial
considerations become the priority for the involved parties instead of the health and well-being of the
donors and recipients. Transplant tourism has come to connote organ trafficking.27

The United Network for Organ Sharing (UNOS) and

Organ Transplant Tourism
Despite immense focus on prevention of disease, the global needs of patients for transplantation are not
being met. The demand has outstripped the supply of organs, cells, and tissues from both deceased donors
and from the altruistic living relatives of patients in need of transplantation. Organs from deceased donors
are meeting the needs of transplantation of only a very small percentage of the patients needing
transplantation in few countries, if any. Potential donors are reluctant to commit to donate after death and
their families may refuse permission when approached after death.28 The use of executed prisoners as
organ donors in some countries causes great concern that these donations are perceived to be coerced and
devoid of free consent. Member states employ different models of consent including: presumed consent or
“opt out”; required requesting; “opt-in”; and mixtures of these three models.29 Thus, the post-mortem
donation is affected by how the volunteers were identified and the consent obtained. Over the past ten
years, increased use of living donation of non-regenerative organs has extended from kidneys to livers and
even to the lung and pancreas in some instances, despite the hope that reliance on living donors could be
reduced.
There remains great concern that a market in body parts (especially the kidneys) has flourished over the
past few years with vulnerable persons being tricked or coerced into donating and some recipients
travelling with their surgeons to countries where “donated organs may be purchased legally or illegally.”30
Human cells, human tissues, and human organs provide different concerns. Tissues are processed and
traded in many member states by both for-profit and not-for-profit organizations. The extant literature does
not provide enough information on the extent to which donors or their families are aware of the profit that
is created through this trade. Human cells, in particular hematopoietic stem cells, on the other hand, are
widely and increasingly exchanged globally between donors and patients through arrangements made by
not-for-profit organizations which isolate and protect the anonymity of both patient and donor.31
This has caused a significant concern at the national and international level. During the sixty-third World
Health Assembly in May 2010, in Resolution WHA63.22, the World Health Organization (2010) asserted
that:

The shortage of available organs has not only prompted many countries to develop procedures and
systems to increase supply but has also stimulated commercial traffic in human organs, particularly
from living donors who are unrelated to recipients. The evidence of such commerce, along with the
related traffic in human beings, has become clearer in recent decades. Moreover, the growing ease
of international communication and travel has led many patients to travel abroad to medical centers
that advertise their ability to perform transplants and to supply donor organs for a single, inclusive
charge.32

Purchase and sale of organs comes in myriad variations—from human trafficking for organ removal, to
selling the body parts of deceased persons,33 the sale of kidneys by the poor,34 the purchase of organs by
patients on the black market,35 and advertising the sale of organs online.36 Other forms involve financial or
material benefit between willing donors and recipients. The cross-border variety involves recipients
travelling to “supply” countries to receive a new organ, a phenomenon known as “transplant tourism.”37
The United Network for Organ Sharing (UNOS), recently defined transplant tourism as “the purchase of
a transplant organ abroad that includes access to an organ while bypassing laws, rules, or processes of any
or all countries involved.”38 However, not all medical tourism that entails the travel of transplant recipients
or donors across national borders is organ trafficking. Transplant tourism may be legal and appropriate.
Examples include, when travel of a related donor and recipient pair is from countries without transplant
services to countries where organ transplantation is performed or if an individual travels across borders to
donate or receive a transplant via a relative. Any officially regulated bilateral or multi-lateral organ sharing
program is not considered organ trafficking, if it is based on a reciprocated organ sharing program among
jurisdictions.
Since kidney transplantation is the most frequently carried out transplantation around the world, there is
a high demand for kidneys. A normal process would be that transplant organs are donated by blood
relatives—however, the demand for donated organs exceeds the supply. Normal donations leading to
transplantation fulfill only a small percentage of the total need. Many developed nations, including the
United States, have a significant shortage of donor organs. The supply of transplantable organs from donors
(live or deceased) fails to meet the demand—giving rise to long waiting periods and the uncertainty about
availability. These variables—high demand, low supply—coupled with long wait and uncertainty have
given rise to an illegal trade in human organs. They are sold, “harvested,” stolen, or otherwise obtained
from poor and marginalized people in developing countries and trafficked to developed nations—where
recipients pay large amounts of money for the donated/bought organs. “In other cases, recipients travel to
countries where organs are more readily available and where the illegal trade is rife.”39
Organ transplant can only be carried out if the human organs are available from one of two sources—
deceased or living donors. This means that any action in the field of organ transplantation must be carried
out in accordance with the highest ethical and professional standards. All of these advances have brought
an opportunity for survival and a chance at a second life for people who can afford to pay for the transplant.
However, the same advances also work to snatch life out of people—those who do not have money and are
willing to part with their organs to make money—and bring misery to them and their families. Just as the
successful transplantations have created a long list of patients waiting for organs, it has also created a new
business venue for the traffickers and a new source of income for the desperate, marginalized, and poor
people, who can be easily duped into selling their organs. The alternative treatments and medical support
for patients with end-stage organ failure, especially renal dialysis, are expensive and limited in many
countries. Since such medical transplantation requires highly sophisticated skills, there is also a lack of
clinical expertise and funds to carry out transplant surgeries in some regions and countries of the world.
Thus, in all member states, one or more influences prevent the sufficient supply of transplantation therapies
and lead to pressure for non-altruistic living donations—meaning the purchase and sale of organs.

Organ Trafficking: History

Trafficking in persons for the purpose of organ removal is not a new phenomenon. It has been in practice
for a long time. Some of the first known accounts of organ purchases and sales surfaced in the late 1980s
and not much attention was paid to this issue. However, interest in the trafficking of humans for organ
removal has been refueled by the advancement in medicine and technology. These advances in medicine
and technology, especially in organ transplantation, have been touted as saving many lives and restoring
essential functions for many otherwise untreatable patients both in developing and developed countries.
The increased awareness of organ donation and transplantation has led to the international trade in human
organs being on the increase, fueled by growing demand as well as the unscrupulous nature and attitude of
traffickers. The rising trend has prompted a serious reappraisal of current legislation, while the WHO has
called for more protection for the most vulnerable people, who might be tempted to sell a kidney for as
little as US$1,000.
The first case of 1980s reported that the transplant doctors in the Gulf States were confronted with
patients with needs for medical follow-up who had received transplants of purchased kidneys in India.40
Around the same time, Scheper-Hughes (1990) reported “body snatching rumors” that she claimed to have
observed during her ethnographic research in Brazil.41 Such incidents and reports in the 1990s did not
receive much response from media or any national or international entities during those years. However,
over the years, this form of trafficking has received significant attention from the media, NGOs, and
academia as well as from international and regional entities, such as the Special Rapporteur on trafficking
in persons, especially in women and children,42 the Organization for Security and Co-operation in Europe,
and the Office of the Special Representative and Co-ordinator for Combating Trafficking in Human
Beings, 2013.43 This crime of trafficking in persons for organ removal also prompted discussions in 2013
at the UN Economic and Social Council (UNESCO) and the General Assembly—leading to the adoption of
resolutions that inter alia request UNODC to collect and analyze information on trafficking in persons for
organ removal and encourage member states to provide to the UNODC evidence-based data on patterns,
forms, and flows of trafficking in persons, including the purpose of the removal of organs.44
Despite the fact that the business of organ trafficking has caused such a stir, prompting UNESCO and
the General Assembly meetings and adoption of resolutions, this crime still remains a hidden and an
underground activity that is greatly underreported. The 2014 UNODC Global Report on Trafficking in
Persons states that despite legislative progress made concerning the crime of trafficking in persons,
globally, there are still very few convictions for trafficking in persons.45 Although trafficking of all forms
are “hidden in plain view,” identifying and addressing the problem of trafficking in persons for organ
removal is even harder due to the very technical nature of the processes and the involvement of
professionals from the medical sector as well as highly technically sophisticated sectors and super
specialists. According to the 2014 UNODC Global Report on Trafficking in Persons, surgeons who
perform illegal organ transplantations that involve financial gain over organ purchases, remain free, since it
is difficult to differentiate between their regular job and the jobs they perform as organ traffickers. They
rarely get indicted or extradited following requests by prosecution authorities. Such a low number of
convictions reflects the difficulties of the criminal justice systems to effectively respond to trafficking in
persons for organ removal—especially when the traffickers are among medical professionals and respected
hospitals and centers. It is an intricate and multifaceted challenge for law enforcement and criminal justice
to initiate investigations against members of a highly regarded medical profession.46

Laws Prohibiting Organ Trafficking

The Trafficking in Persons Protocol and Removal of Organs
Terms like “organ trafficking,” “illegal organ trade,” “transplant tourism,” “organ purchase,” and others
are often used interchangeably with trafficking in persons for the purpose of organ removal.47 The
Trafficking in Persons Protocol (2000) lists removal of organs as one of the listed forms of exploitation.
According to Article 3(a) of the Trafficking in Persons Protocol:
“Trafficking in persons” shall mean the recruitment, transportation, transfer, harboring or receipt
of persons, by means of the threat or use of force or other forms of coercion, of abduction, of
fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person having control over another
person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation
of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery
or practices similar to slavery, servitude or the removal of organs.

The Optional Protocol to the Convention on the

Rights of the Child
Trafficking in persons for organ removal is also defined and prohibited in other international/regional
instruments, such as the Optional Protocol to the Convention on the Rights of the Child on the Sale of
Children, Child Prostitution and Child Pornography48 and the Council of Europe Convention on Action
against Trafficking in Human Beings.49, 50 The convention applies the definition of trafficking in persons
presented in the UN Trafficking in Persons Protocol and seeks to strengthen the protection afforded by the
protocol and other international instruments. Another law prohibiting trafficking in persons for organ
removal is the Directive 2011/36/EU of the European Parliament and of the council on preventing and
combating trafficking in human beings and protecting its victims.

Council of Europe (CoE) Convention:

The Oviedo Convention
The Council of Europe Convention on Human Rights and Biomedicine (known as the Oviedo
Convention) also prohibits sale and purchase of organs.51 The Article 21 of the convention states that “the
human body and its parts shall not, as such, give rise to financial gain.” The Council of Europe Additional
Protocol to the Convention on Human Rights and Biomedicine Concerning Transplantation of Organs and
Tissues of Human Origin (Strasbourg, 24.I.2002), declares very similarly, in Article 21, that “the human
body and its parts shall not, as such, give rise to a financial gain or comparable advantage.”52 Article 21(2)
of the Additional Protocol prohibits “advertising the need for, or availability of, organs or tissues, with a
view to offering or seeking financial gain or comparable advantage.” Article 22 of the Additional Protocol
prohibits illicit trafficking in organs of human origin because such practices exploit vulnerable people and
may undermine people's faith in the transplant system. The preamble to the Additional Protocol to the
Convention on Human Rights and Biomedicine acknowledges the risks posed to vulnerable persons and
mandates “protecting the rights and freedoms of donors, potential donors, and recipients of organs and
tissues.” It requires institutions to ensure that individual rights and freedoms are protected, and the
commercialization of parts of the human body involved in organ and tissue procurement, exchange, and
allocation activities is prohibited.
The Charter of Fundamental Rights of the European Union, (2000/C 364/01) in Article 1 on human
dignity and Article 3 on the right to the integrity of the person, refer to the prohibition on making the
human body and its parts as such a source of financial gain.53
The Declaration of Istanbul on Organ Trafficking and Transplant Tourism (2008), urges member
states “to take measures to protect the poorest and vulnerable groups from ‘transplant tourism’ and the sale
of tissues and organs, including attention to the wider problem of international trafficking in human tissues
and organs.” The Istanbul Declaration defines organ trafficking as “the recruitment, transport, transfer,
harboring or receipt of living or deceased persons or their organs by means of the threat or use of force or
other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability, or of the giving to, or the receiving by, a third party of payments or benefits to achieve the
transfer of control over the potential donor, for the purpose of exploitation by the removal of organs for
transplantation.” It defines transplant commercialism as a “policy or practice in which an organ is treated as
a commodity, including by being bought or sold or used for material gain.” It defines travel for
transplantation as “the movement of organs, donors, recipients or transplant professionals across
jurisdictional borders for transplantation purposes.” It clarifies that “travel for transplantation becomes
transplant tourism if it involves organ trafficking and/or transplant commercialism or if the resources
(organs, professionals and transplant centers) devoted to providing transplants to patients from outside a
country undermine the country's ability to provide transplant services for its own population.”54

Issue of Consent or Coercion?

Like all medical interventions, the issue of organ removal should also require consent and the ethical
guidelines for such consent should be followed. The WHO “Guiding Principles on Human Cell, Tissue and
Organ Transplantation,” suggest that “live donations are acceptable when the donor's informed and
voluntary consent is obtained” and that “live donors should be informed of the probable risks, benefits and
consequences of donation in a complete and understandable fashion; they should be legally competent and
capable of weighing the information; and they should be acting willingly, free of any undue influence or
coercion.” The principle emphasizes the need for a real and well-informed choice, “which requires full,
objective, and locally relevant information and excludes vulnerable persons who are incapable of fulfilling
the requirements for voluntary and knowledgeable consent.”55 Other international guidance documents
advise that in cases of organ removal from a living donor, the necessary consent must have been given
expressly and specifically in written form or before an official body.

Trafficking in Persons for Organ Removal and

Organ Trafficking: Same or Different?
Often terms such as “trafficking in persons for the purpose of organ removal” and “organ trafficking” or
“trafficking in organs” are used interchangeably. “Trafficking in persons for organ removal,” however, is
specifically defined in the Trafficking in Persons Protocol, and does not encompass the term “trafficking in
organs” or “organ trafficking.” In 2008, the Council of Europe and the United Nations agreed to prepare a
“Joint Study on trafficking in organs, tissues and cells and trafficking in human beings for the purpose of
the removal of organs.”56 The results of the Joint Study (2009) identified a number of issues related to the
trafficking in human organs, tissues, and cells which deserved further consideration. The study reported
that “trafficking in organs and trafficking in persons for organ removal are different crimes, though
frequently confused in public debate and among the legal and scientific communities. In the case of
trafficking in organs, the object of the crime is the organ, whereas in the case of human trafficking for
organ removal, the object of the crime is the person. Trafficking in organs may have its origin in cases of
human trafficking for organ removal, but organ trafficking will also frequently occur with no link to a case
of human trafficking. The mixing up of these two phenomena can potentially obstruct efforts to combat
both phenomena and provide comprehensive victim protection and assistance.”57
The report stated that both the Trafficking in Persons Protocol and the Council of Europe Convention on
Action against Trafficking in Human Beings provide a consistent and unanimous definition of trafficking
in persons and effectively address the issue of human trafficking, including for the purposes of organ
removal, and there was no need for an additional international legal instrument dealing specifically with
human trafficking for organ removal. Consequently, there is no single definition of trafficking in organs.
None of the existing international legal instruments addressed the consensual removal of organs for
financial gain or comparable advantage and/or outside of the approved domestic systems. The report
identified a “need to develop a dedicated international legal tool, which builds on an agreed upon definition
of trafficking in organs, includes provisions for the criminalization of this practice, along with provisions
targeted to its prevention, and to victim protection and assistance.”
Following the results of this study, the Committee of Ministers of the Council of Europe (CoE)
established an ad-hoc Committee of Experts on Trafficking in Human Organs, Tissues and Cells.
According to the Convention, trafficking in human organs entails intentional commission of any
activities such as:

the illicit removal of organs: removal without the free, informed and specific consent of the living
donor, or, in the case of the deceased donor, without the removal being authorized under its
domestic law, OR where in exchange for the removal of organs, the living donor, or a third party,
has been offered or has received a financial gain or comparable advantage, OR where in exchange
for the removal of organs from a deceased donor, a third party has been offered or has received a
financial gain or comparable advantage.

It could also be
the use of illicitly removed organs; the illicit solicitation or recruitment (of organ donors or
recipients), or the offering and requesting of undue advantages; the preparation, preservation,
storage, transportation, transfer, receipt, import and export of illicitly removed human organs;
 aiding or abetting and attempt.
Parties to the Convention shall take the necessary legislative and other measures to establish as a
criminal offense under its domestic law the practices mentioned above. Parties shall also consider
taking the necessary legislative or other measures to establish as a criminal offense under its
domestic law, when committed intentionally, the removal or the implantation of human organs
from living or deceased donors where performed outside of the framework of its domestic
transplantation system, or in breach of essential principles of national transplantation laws or
rules. The Convention also requires States parties to take the necessary legislative or other
measures to: ensure corporate liability if certain conditions are met (i.e., the offense is committed
by a person in a leading position); punish the offenses described in the Convention through
sanctions which are effective, proportionate and dissuasive. A set of circumstances will be
aggravating if the offense caused the death of, or serious damage to the physical or mental health
of the victim; the offense was committed by persons abusing their position; the offence was
committed in the framework of a criminal organization; the perpetrator has previously been
convicted of offenses established in accordance with this Convention; the offense was committed
against a child or any other particularly vulnerable person.58

International Guidelines for Human Cell,

Tissue, and Organ Transplant
The World Health Organization (WHO) issued “Guiding Principles on Human Cell, Tissue and Organ
Transplantation,” which the 63rd World Health Assembly endorsed in May 2010 through resolution
WHA63.22. These principles govern the removal of organs from both deceased and living donors for the
purpose of transplantation. They provide key international standards. According to these standards, in the
case of deceased donor donation, the international guidelines (Guiding Principle 1) requires that the cells,
tissues or organs may be removed from a deceased person if the person had expressly consented to such
removal during his or her lifetime; depending upon domestic law, such consent may be made orally or
recorded on a donor card, driver's license or identity card or in the medical record or a donor registry.
When the deceased has neither consented nor clearly expressed opposition to organ removal, permission
should be obtained from a legally specified surrogate, usually a family member.59
The guidelines also require “development of the deceased donor programs.” In case of living donor
donation, the guidelines mandate that living donors should be, in general, genetically related to their
recipients (unless such related persons and recipients do not match well immunologically). Living donors
are required to give informed and voluntary consent and act willingly—free of any undue influence or
coercion. The living donors are required to be informed of the probable risks, benefits, and consequences of
the donation in a complete and understandable fashion. The hospital and the physicians are responsible for
ensuring professional care of donors and well-organized follow-up. The guidelines mandate that the ethical
standards need to be strictly adhered to and the criteria for donor selection and to allocate organs must be
based on clinical criteria and ethical norms, not financial considerations. The guidelines prohibit removal
of organs from minor (and legally incompetent) donors, except when such is not allowed under national
law for narrowly defined cases. The organ donation should be done freely, without any monetary payment
or other reward of monetary value (except for the reimbursement of reasonable and verifiable expenses
incurred by the donor, such as loss of income.60
According to the International Guidelines for Human Cell, Tissue and Organ Transplant, purchase
or sale of organs is banned. Physicians and other health professionals are prohibited from engaging in
transplantation procedures where it is suspected that organs are obtained through coercion. The Seventh
Principle of the Guiding Principles of the World Health Organization suggest that “Physicians and other
health professionals should not engage in transplantation procedures, and health insurers and other payers
should not cover such procedures, if the cells, tissues or organs concerned have been obtained through
exploitation or coercion of, or payment to, the donor or the next of kin of a deceased donor.”61
Health insurance companies are advised not to cover such procedures if the organs have been obtained
through exploitation or coercion of, or payment to, the donor. Advertising the need for or availability of
organs, with a view to offering or seeking payment to individuals for their organs, should be prohibited.
The guidelines prohibit any payment to the donors in consideration for their donation of organs except
the legitimate promotion of altruistic donation of organs by means of advertisement or public appeal in line
with domestic regulation. All healthcare facilities and professionals involved in cell, tissue, or organ
procurement and transplantation procedures are prohibited from receiving any payment exceeding the
justifiable fee for the services rendered. The guidelines also require maintaining transparency for all
donation and transplantation activities. All personnel and facilities involved are required to maintain
confidentiality and privacy of the donors and recipients.62
The Consensus Statement of the Amsterdam Forum on the Care of the Living Donor and the Declaration
of Istanbul on Organ Trafficking and Transplant Tourism offer international professional guidelines,
recommendations, and principles to develop universal standards concerning organ donations from both
living and deceased donation.63

Strategies for the Prevention and Control of Organ Trafficking and Trafficking
in Persons for
Removal of Organs
Address the Root Causes
The first and foremost effective preventive strategy in addressing the crime of organ trafficking and/or
the trafficking of persons for the removal of organs will entail addressing the root causes to reduce people's
vulnerability to falling victim to the traffickers' tactics. States should take measures to alleviate the factors
that make people vulnerable to trafficking, such as poverty, underdevelopment, and lack of equal
opportunity. Since poverty is determined to be one of the most prevalent features in trafficking in persons
for the purpose of organ removal, the states need to develop sustainable and empowering poverty-
alleviation programs targeted at communities which are vulnerable to being recruited as donors.

Reduce the Demand for Irregularly Procured Organs

In order to reduce the demand for transplantations caused by organ failure, the states need to promote
healthy lifestyles. States need to optimize both deceased and living donations through providing
comprehensive information to potential donors and to family members of deceased (potential) donors, as
well to the potential organ recipients.

Raise Awareness
States need to institute awareness raising programs to inform potential donors and recipients of the risks
and benefits of live organ donation. The donors should be fully informed and educated about the risks of
trafficking in persons for the purpose of organ removal. They should also be informed that the sale and
purchase of organs is a crime. Governments, hospitals and other facilities used as transplant centers, civil
society, nongovernmental organizations, and international organizations should institute programs to
educate and inform persons who are vulnerable to exploitation by traffickers as potential donors.
Hospitals and/or transplant clinics should be responsible for informing and educating the patients—
potential recipients—about the medical, ethical, and legal risks in purchasing organs. They should
distribute the brochures of the Declaration of Istanbul Custodian Group, “Thinking of Buying a Kidney?
Stop. What You Need to Know” etc. Such materials can be placed in buildings and institutions that
potential sellers and buyers are more likely to visit, such as immigration offices and airports. People
intending to travel abroad to buy or sell a kidney, medical and health professionals, and others who may
come into contact with trafficking in persons for organ removal must be educated about the great risks they
will be taking when engaging in this enterprise.
“Target audiences”—the potential buyers and sellers as well as brokers, hospitals medical personnel, and
others must be made aware of the ethical and social issues relating to trafficking in persons for organ
removal, as well as laws pertaining to organ donation and transplantation. In general, all staff at the
agencies that potentially play some role in facilitating organ trafficking must be educated and made aware
of their responsibility in reporting such activities. The potential whistle-blowers in medical institutions, or
in other organizations, should be able to report anonymously and confidentially, with legal protection from
employer reprisal/retaliation, as well as easy reporting access. They should be made aware of protections in
place for them, in the event they report suspicions and/or otherwise assist criminal justice authorities.
Engagement of media in raising awareness can also play a significant role in preventing organ-related
crimes by ensuring that reporting about trafficking in persons for the purpose of organ removal and related
conduct is accurate and evidence-based. Social media could be used for training and awareness raising.
Law enforcement officers, commercial airline employees, journalists, reporters, and others should be
trained to detect and address the crime of trafficking in persons for organ removal.

Local and International Laws Coordination

Each member state should strengthen their laws to regulate organ donation and transplantation. They
should develop a legal framework in coordination with international instruments and standards. Individual
state laws should clearly establish that trafficking in persons for the purpose of organ removal is a serious
offense and define punitive measures related to the violation of such laws. Laws should not have any
ambiguities or loopholes for exploitation and corruption.64
Medical and ethical standards should be established to guide and define informed consent. All interested
parties and stakeholders should be educated about the laws pertaining to the consent to the organ removal.
All potential donors must receive complete medical and psychological counselling and evaluation prior to
being accepted as donors. In accordance with international regulations, all donors should be provided
complete information regarding the process and the risks involved, as well as post-operative healthcare
needs. The hospitals and the medical personnel should be held responsible for ensuring that the potential
donors are able to give free and fully informed consent. Hospitals should be required to maintain clear
records of consent forms signed by donors. Laws should be implemented to hold hospitals and medical
personnel accountable for their involvement in trafficking in persons for organ removal.65
Advertising—electronically and print—pertaining to the selling, buying, or brokering of organs should
be prohibited. The states should create rules, regulations, and laws mandating transparency in all organ
transplantation activities. The state, the medical sector, nongovernmental organizations, and international
organizations should ensure transparency and accountability in all activities, regulations, and practices
concerning organ transplantation. Efforts should be made to improve the safety and efficacy of donation
and transplantation by applying and promoting international best practices. They should promote public
discussions, research, and monitoring organ donation and transplantation programs as well as educational
campaigns on organ-related crimes of trafficking in persons for the purpose of organ removal. The states
should take responsibility for ensuring that organs are not procured through financial transactions.

Conclusion
Challenges: Detection, Investigation, and Prosecution of
Organ Trafficking Crime
Some of the greatest challenges in addressing the crime of organ trafficking or trafficking in persons for
organ removal include detection, investigation, and prosecution of this crime. First of all, this is a crime of
a transnational nature requiring a transnational criminal justice response. It involves actors from various
parts of the globe—donors coming from one country, recipients from another, and maybe brokers from yet
another one, and the transplantation taking place in a country different from all these countries, thus
involving doctors and other medical staff from different countries. Thus, to effectively address such a
crime, there is a need for a collaborative transnational criminal justice response. Secondly, the crime takes
place in hospitals or transplantation centers—generally perceived and accepted to be legitimate sectors.
These places must be required to keep systematic records and make all transactions transparent and subject
to scrutiny. Thirdly, like victims of any crime, in general, victims of this crime are also often reluctant to
contact authorities out of fear for the safety of themselves and retaliation against their families. Victims
who are aware that the sale of organs is a crime may not report to the authorities for the fear of prosecution
for their own role in the process and involvement in this crime.
Law enforcement officers and customs, immigration, and border officials are the frontline gatekeepers of
borders. They are the first ones to encounter both trafficking victims and traffickers. In order to identify
and prosecute the traffickers, frontline gatekeepers should be provided with training that equips them to
identify potential and actual victims as well as perpetrators of trafficking in persons for the purpose of
organ removal. They should be trained to have the skills to identify and manage crime scenes that may
exist in otherwise legitimate locations, such as hospitals and transplantation centers.

Indicators of Trafficking of Persons for Organ Removal

Law enforcement and other personnel should be able to differentiate between legal and illegal organ
transplant. If the hospital, doctor, or the other personnel or facility does not have any documentation of
donor consent; consent forms signed by organ donor for any given organ donation; or social, medical, and
psychological evaluation reports on the donor, then these are clear indicators of suspicious activity worth
investigation. If immigration authorities are getting a higher than usual number of people migrating to and
receiving invitation letters from a particular hospital; find someone with a fresh (48 hours old or more
recent) nephrectomy (kidney removal) going on an airplane; notice many people arriving at the same time
and being put at an airport hotel; discover a person arriving at the airport with huge amounts of cash
strapped around their body; or find persons arriving at the airport claiming to be coming for medical
consultations, but unable to provide any documents, these are all indicators of potential organ trafficking
activities.

Assistance to the Victims

In general, victims may refuse to cooperate with the authorities because of the fear of retaliation against
them and their families. They may also be afraid of police because of their own role in the process. In order
to get victims' cooperation, their fears should be allayed and they should be provided adequate protection
and support. Medical and healthcare practitioners who suspect a victim of trafficking in persons for the
purpose of organ removal should refer that person to providers of protection and assistance services.
Specific protection and assistance services should be made available to victims of trafficking for the
purpose of organ removal that cater to their individual and specific needs. The law enforcement agencies
should be empowered in investigating, gathering more information, and sharing intelligence about possible
cases of trafficking in organs or trafficking in persons for the purpose of organ removal. They should be
trained and be able to recognize the means and methods used by organized criminal groups for the purpose
of trafficking in persons for organ removal.
Chapter Review
In this chapter, we have discussed the human trade for organs. We have discussed in detail the process of
commercializing humans for organ removal. We learned various aspects of trafficking in persons for the
purpose of organ removal to develop an understanding of human trafficking in our contemporary world. In
essence, we discussed the following:

Commercializing Humans for Organ Removal

Trafficking in Persons and the Organ Trade: An Overview
Organ Transplantation: A Medical Wonder? Or Designer of a New Branch of Trafficking?
Who Are the Main Actors Involved in Organ Trafficking?
Organ Trafficking: An Organized Crime?
Who Are the Donors: Victims?
Process: How Are the Donors/Victims Recruited?
Trafficking in Persons Protocol and Organ Trafficking
The United Network for Organ Sharing (UNOS) and Organ Transplant Tourism
Organ Trafficking: History
Laws Prohibiting Organ Trafficking
The Trafficking in Persons Protocol and Removal of Organs
The Optional Protocol to the Convention on the Rights of the Child
Council of Europe (CoE) Convention: The Oviedo Convention
The Charter of Fundamental Rights of the European Union, Article 1
The Declaration of Istanbul on Organ Trafficking and Transplant Tourism (2008)
Issue of Consent or Coercion?
Trafficking in Persons Organ Removal and Organ Trafficking: Same or Different?
International Guidelines for Human Cell, Tissue and Organ Transplant
Strategies for the Prevention and Control of Organ Trafficking and Trafficking in Persons for
Removal of Organs
Address the Root Causes
Reduce the Demand for Irregularly Procured Organs
Raise Awareness
Local and International Laws Coordination
Conclusion
Challenges: Detection, Investigation, and Prosecution of Organ Trafficking Crime
Indicators of Trafficking of Persons for Organ Removal
Assistance to the Victims
Discussion Questions
1) Identify differences and similarities between trafficking in persons for organ removal and
organ trafficking. Give examples.
2) Discuss how advancement in transplant science has helped some people and how it has
created more health problems for some.
3) Who are the perpetrators in the case of organ trafficking? Who are the victims? Provide
examples.
4) Find an organ trafficking case reported in one of the newspapers and determine whether the
case is domestic or international.
5) What are the cues that can indicate that a hospital or doctors are involved in organ
trafficking?
6) List at least three strategies that can be used to prevent and control organ trafficking.
7) Identify at least two international laws/documents/protocols that prohibit organ trafficking.
8) Check your state's laws and identify if there are any laws or statutes that prohibit organ
trafficking and provide guidance on how to address the crime of organ trafficking.
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tissues and cells in the 21st century, (pp. 321–42). Huddinge: Södertörn Studies in Practical Knowledge.
36. Budiani Saberi, D., & A. Mostafa. (2011). Care for commercial living donors: The experience of
an NGO's outreach in Egypt. Transplant International, 24(4), 317–323.
37. Shimazono, Y. (2007). Mapping “transplant tourism.” Presentation at the World Health
Organization's Second Global Consultation on Human Transplantation.
38. World Health Organization. (2010). WHO guiding principles on human cell, tissue and organ
transplantation. Transplantation, 90(3), 229.
39. Schloenhardt, A., & S. Garbutt. (2012). Trafficking in persons for the purpose of organ removal:
International law and Australian practice. Criminal Law Journal, 36(3), 145–158.
40. Salahudeen, A. K., H. F. Woods, A. Pingle, M. Nur-El-Huda Suleyman, K. Shakuntala, M.
Nandakumar, T. M. Yahya, & A. S. Daar. (1990). High mortality among recipients of bought living-
unrelated donor kidneys. The Lancet, 336(8717), 725–728.
41. Scheper-Hughes, N. (1990). Theft of life. Society, 27(6), 57–62.
42. United Nations General Assembly. (2013, August 2). Trafficking in persons, especially women
and children. Note by the Secretary Secretary-General, Report of the Special Rapporteur on Trafficking
in Persons, Especially Women and Children, at P. 6/24. A/68/256. 68th Session.
43. Office of the Special Representative and Co-ordinator for Combating Trafficking in Human
Beings. (2013). Trafficking in human beings for the purpose of organ removal in the Osce Region:
Analysis and findings. Vienna: Organization for Security and Cooperation in Europe.
44. United Nations General Assembly. (2013, August 2). Trafficking in persons, especially women
and children. Note by the Secretary Secretary-General, Report of the Special Rapporteur on Trafficking
in Persons, Especially Women and Children, at P. 6/24. A/68/256. 68th Session.
45. United Nations Office on Drugs and Crime (UNODC). (2014). Global report on trafficking in
persons: Executive summary. http://www.unodc.org/documents/data-and-
analysis/glotip/GLOTIP14_ExSum_english.pdf.
46. United Nations Office on Drugs and Crime (UNODC). (2014). Global report on trafficking in
persons: Executive summary. http://www.unodc.org/documents/data-and-
analysis/glotip/GLOTIP14_ExSum_english.pdf.
47. UN General Assembly. (2000). Protocol to prevent, suppress and punish trafficking in persons,
especially women and children. Supplement to the United Nations convention against transnational
organized crime. Resolution 55, 25.
48. Dennis, M. J. (2000). Newly adopted protocols to the Convention on the Rights of the Child. The
American Journal of International Law, 94(4), 789–796.
49. The Council of Europe. (2005, May 16). Convention on Action against Trafficking in Human
Beings. (CoE, CETS No.197). Warsaw.
50. Sembacher, A. (2005). Council of Europe Convention on Action against Trafficking in Human
Beings, The. Tul. J. Int'l & Comp. L., 14, 435.
51. Council of Europe. (1997, April 4). Convention on Human Rights and Biomedicine. Oviedo;
Council of Europe. (2002, January 24). Additional protocol to the Convention on Human Rights and
Biomedicine Concerning Transplantation of Organs and Tissues of Human Origin. Strasbourg.
52. Council of Europe. (1997, April 4). Convention on Human Rights and Biomedicine. Oviedo;
Council of Europe. (2002, January 24). Additional Protocol to the Convention on Human Rights and
Biomedicine Concerning Transplantation of Organs and Tissues of Human Origin. Strasbourg.
53. The Charter of Fundamental Rights of the European Union. (2000/C 364/01).
54. The Declaration of Istanbul on Organ Trafficking and Transplant Tourism. (2008).
55. Sixty-Third World Health Assembly. (2010). WHO guiding principles on human cell, tissue and
organ transplantation. Cell and Tissue Banking, 11(4), 413.
56. Permanent Mission of Slovenia to the UN co-sponsored the launching event of the Joint Council
of Europe and UN study on trafficking in organs, tissues and cells and trafficking in human being for the
purpose of the removal of organs (2009). http://www.newyork.predstavnistvo.si/index.php?
id=824&L=1&tx_ttnews%5Btt_news%5D=2849&cHash=4c24a19bc35c43844bec14f3d0228e65.
57. Caplan, A., B. Dominguez-Gil, R. Matesanz, & C. Prior. (2009). Trafficking in organs, tissues and
cells and trafficking in human beings for the purpose of the removal of organs. Joint Council of
Europe/United Nations Study. Strasbourg: Council of Europe/United Nations.
58. United Nations Office of Drugs and Crime (2015). Assessment Toolkit—Trafficking in Persons
for the Organ Removal.
59. Sixty-Third, W. H. A. (2010). WHO Guiding Principles on Human Cell, Tissue and Organ
Transplantation. Cell and tissue banking, 11(4), 413.
http://www.eatb.org/media/uploads/Guiding_PrinciplesTransplantation_WHA63%2022en.pdf.
60. Sixty-Third World Health Assembly. WHO guiding principles on human cell, tissue and organ
transplantation. Cell and Tissue Banking, 11(4), 413.
61. Sixty-Third, W. H. A. (2010). WHO Guiding Principles on Human Cell, Tissue and Organ
Transplantation. Cell and tissue banking, 11(4), 413.
http://www.eatb.org/media/uploads/Guiding_PrinciplesTransplantation_WHA63%2022en.pdf.
62. Council of Europe. (2002). Additional protocol to the Convention on Human Rights and
Biomedicine Concerning Transplantation of Organs and Tissues of Human Origin.” Strasbourg.
 63. Committee of the Transplantation Society. (2004). The consensus statement of the Amsterdam
Forum on the care of the live kidney donor. Transplantation, 78(4).
64. Zazula, C. P. (2012). Liver transplantation: The illusion of choice. Virtual Mentor, 14(3), 269.
65. Lantos, J. D., & B. A. Warady. (2012). “Should a nonadherent adolescent receive a second
kidney?” Virtual Mentor, 14(3), 190.
 Chapter 6

Trafficking in Persons:
Global Response to Human
Trafficking
Chapter Objectives
This chapter provides a comprehensive understanding of the following:

Human Trafficking
The Global Response to Trafficking in Persons
International Treaties, Conventions, and Protocols
United Nations Conventions and Protocols
Article 9 of the Trafficking in Persons (TIP) Protocol
Article 31 of the Organized Crime Convention
International Labor Organization (ILO) Conventions
The Council of Europe (COE) Convention on Action against Trafficking in Human Beings
Global Initiatives
United States' Response to Human Trafficking
Trafficking Victims Protection Act
The Tier System
Office to Monitor and Combat Trafficking in Persons
Overview of Campaigns, Initiatives, and Programs Funded by the United States
Introduction: Human Trafficking
The Global Response to Trafficking in Persons
Trafficking in persons, also known as human trafficking, is a horrifying crime. It is an extreme form of
exploitative enterprise in which men, women, and children are bought, sold, and held against their will in
involuntary servitude for sex and labor. In addition to the tremendous personal damage suffered by
individual trafficking victims, this global crime has broad societal repercussions, such as fueling criminal
networks and imposing public health costs.1 Although it is difficult to ascertain its absolute economic and
social impact, it is estimated that millions of victims are trapped in the web of human trafficking and that it
brings billions of dollars annually to the traffickers. It is also speculated to be the second most profitable
criminal enterprise, trailing behind the illegal drug trade and tied with the illegal arms and weaponry trade.
It is defined as the recruitment, transportation, harboring, or receipt of persons by means of force, fraud, or
coercion.2
Globalization that has brought technological and economic advances to the world has also been listed as
a significant contributor in facilitating and fueling this crime by several studies. A recent report from the
International Labor Organization (ILO) denoted that, “The global integration of economies, including labor
markets, has brought many opportunities for workers and businesses. Despite the past years of economic
crisis, it has generally spurred economic growth. However, the growth in the global economy has come
with a large cost to many and it has not been beneficial to all. Today, about 21 million men, women and
children are in forced labor, trafficked, held in debt bondage or work in slave-like conditions.”3 Rising
incidents of human trafficking have prompted a need for a comprehensive and coordinated global response
to this crime. Consequently, enhanced global efforts have been launched to combat it through heightened
awareness and educational campaigns, and a great number of international and state laws have been passed,
outlawing its practices.
The accounts of incidence and prevalence of the trafficking victimization vary by the reporting agency.
Some estimates assert that long after the Thirteenth Amendment to the U.S. Constitution and Article 4 of
the UN's Universal Declaration of Human Rights were passed to eradicate slavery, there are more slaves
today than at any other time in human history—the estimated number is 27 million.4 Others claim that
there are more slaves today than homicides in the United States. However, the most recent estimate is that
800,000 persons or more are trafficked annually within or across international borders.5 The estimates also
reveal that half of the trafficked persons are children. According to the State Department's 2010 Trafficking
in Persons (TIP) report, 12.3 million adults and children are currently held in modern-day slavery,
including forced labor and prostitution. Millions more are trafficked within their own national borders for a
variety of purposes, including forced labor, bonded labor, sexual servitude, and involuntary servitude. The
more recent updated estimate is provided by the Global Report on Trafficking in Persons, issued by the
United Nations Office on Drugs and Crime in 2014. According to this report, “between 2010 and 2012,
human trafficking victims with 152 different citizenships were identified in 124 countries across the
globe.”6
Given the magnitude of the problem and its aftermath, it is imperative that there is a comprehensive,
coordinated, global approach to address human trafficking. The approach should incorporate prevention
and control efforts with protection of the victims and survivors. This chapter provides information and
discussions on global and United States' response to the crime of trafficking in persons. It discusses the
laws passed and the progress made by the global community as well as the United States to address the
scourge of human trafficking to date and identifies the areas in which global and U.S. efforts to prevent
trafficking, protect victims, and prosecute traffickers have been successfully made and where more efforts
are needed.
 Global Response
Global efforts should focus on four main areas in responding to the crime of trafficking in persons.
Trafficking in persons for labor and sex proliferates because there is a high demand for cheap and free
services and at the same time rapidly growing surplus services in all parts of the globe—which are easy to
order and bring at the disposal of anyone who can pay—through globalization. It also thrives due to the lax
international and individual state laws in the investigation and apprehension, as well as the prosecution and
punishment, of traffickers. Another factor that allows it to flourish is that there is no protection for the
victims—rather they are treated as offenders for their role in complying with the traffickers' demands.
Victims' role in the crime many times turns them into offenders as well. Thus, global approach should be
four pronged: (1) outlaw trafficking in persons; (2) raise awareness and educate people; (3) enhance
punishments for the prosecuted offenders; and (4) provide protection for the victims. To this effect, a
number of international campaigns, treaties, conventions, and protocols have been launched and a variety
of laws have been passed.

International Campaigns
Several international organizations have launched several successful campaigns to end human
trafficking. These include the UN Office on Drugs and Crime (UNODC), the UN Children's Fund
(UNICEF), the International Labor Organization (ILO), Amnesty International UK, End Child Prostitution
and Trafficking (ECPAT), and Anti-Slavery International. Additionally, several campaigns, by different
names, exist in different nations of the globe.

International Treaties, Conventions, and Protocols

United Nations Conventions and Protocols
The Trafficking in Persons Protocol (2000) was passed as the first united international response to
trafficking crime. This protocol defines trafficking in persons and lists the activities that can be categorized
as trafficking, it defines the process through which trafficking in persons is carried out, and it provides
guidance as to how to respond to the crime of human trafficking in a comprehensive manner. It reflects the
reality of trafficking, provides an update on antiquated laws against slaves, and promotes a more accurate,
contemporary understanding of this crime. It has served as a “universal instrument that addresses all
aspects of trafficking in persons.” It mandates a holistic approach to human trafficking and provides an
opportunity for states to develop and implement new policies with a focus on promoting rights and human
dignity.7
Article 9 of the Trafficking in Persons (TIP) Protocol emphasizes the need for states to address
trafficking in persons. Following is an excerpt from the TIP Protocol, Article 9.
1. States Parties shall establish comprehensive policies, programs and other measures:
(a) To prevent and combat trafficking in persons; and
(b) To protect victims of trafficking in persons, especially women and children, from re-
victimization.
2. States Parties shall endeavor to undertake measures such as research, information and mass
media campaigns and social and economic initiatives to prevent and combat trafficking in
persons.
3. Policies, programs and other measures established in accordance with this article shall, as
appropriate, include cooperation with non-governmental organizations, other relevant
organizations and other elements of civil society.
4. States Parties shall take or strengthen measures, including through bilateral or multilateral
 cooperation, to alleviate the factors that make persons, especially women and children, vulnerable
to trafficking, such as poverty, underdevelopment and lack of equal opportunity.
5. States Parties shall adopt or strengthen legislative or other measures, such as educational,
social or cultural measures, including through bilateral and multilateral cooperation, to discourage
the demand that fosters all forms of exploitation of persons, especially women and children, that
leads to trafficking.
The Trafficking in Persons Protocol also provides guidance on how to address the multifaceted
problems of human trafficking. It:
• requires states to endeavor to undertake measures such as social and economic initiatives,
research, and media campaigns targeting potential victims. Policies, programs, and other
measures taken should include cooperation with non-governmental and other relevant
organizations.
• reaffirms that effective action to prevent and combat trafficking in persons requires a
comprehensive international approach, including measures to prevent such trafficking, protect
victims of such trafficking, and prosecute traffickers.
• indicates that states should take or strengthen these measures, including through bilateral and
multilateral cooperation, to alleviate the factors—lack of equal opportunity and poverty—that
make persons, especially women and children, vulnerable to trafficking.
The TIP Protocol requires states to allocate resources to develop and implement anti-trafficking
strategies flexible enough to adapt to changing trafficking patterns and to address the root causes of
trafficking in countries of origin and destination. It requires prevention efforts to confront the underlying
fundamental causes that allow trafficking in persons to perpetuate. It mandates addressing gender, poverty,
age, and other demographic and social variables that contribute to trafficking.
The TIP Protocol, in conjunction with Article 31 of the Organized Crime Convention, requires states
parties to adopt a comprehensive prevention strategy. It requires social prevention measures to address the
adverse underlying social and economic conditions that may be contributing factors and accelerating this
crime. People living in marginalized social and economic communities desire to migrate because they are
convinced that such a migration is a ticket out of wretched and miserable lives that they live at home and
an entry ticket to the rich and comfortable lives waiting for them on the other side. Hence, they are highly
vulnerable to the traffickers' fraudulent tactics. It requires states to adopt prevention strategies that educate
the vulnerable populations and raise awareness about the perils of migration. It requires states to inform
their citizens that illegal migration is a crime and criminals do not have rich and comfortable lives. It is
states' responsibility to educate citizens about legal and illegal migration and challenges encountered by the
migrants.
Article 31 of the Organized Crime Convention and Article 9 of the TIP Protocol require states to
incorporate campaign strategies to raise awareness of the problem, to mobilize support for measures against
it, and to focus on targeted and marginalized groups, believed to be at high risk of victimization. TIP
Protocol also requires that efforts should focus on recognizing that trafficking could be dealt with from
both the demand and supply sides. Article 9 includes measures intended to discourage the demand for
services that fosters the exploitive element of trafficking and its major source of illicit revenue.8 The
protocol also requires that states consider and address the aftermath of trafficking victimization. The states
need to provide for after care and protection of the victims against re-victimization, especially if the victims
are repatriated to places where trafficking is common. In addition to the basic requirements to protect
victims from intimidation or retaliation by offenders, Article 9 also calls for measures to protect victims
from being trafficked again and from other forms of re-victimization. The protocol also requires states to
make it more difficult for traffickers to use conventional means of transport and entry into states. It requires
states to ensure that border controls are effective and make efforts to prevent the misuse of passports and
other travel or identification documents.9
 International Labor Organization (ILO) Conventions. Trafficking in persons for purposes of labor
exploitation, in particular forced and compulsory labor and other slavery-like practices, is covered by a
number of International Labor Organization conventions: the Forced Labor Convention, 1930 (No. 29), the
Abolition of Forced Labor Convention, 1957 (No. 105), the Migration for Employment Convention
(Revised), 1949 (No. 97), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143),
the Private Employment Agencies Convention, 1997 (No. 181), the Discrimination (Employment and
Occupation) Convention, 1958 (No. 111), the Minimum Age Convention, 1973 (No. 138), and the Worst
Forms of Child Labor Convention, 1999 (No. 182), adopted in June 1999.
The Council of Europe (COE) Convention on Action against Trafficking in Human Beings, (CETS
no. 197, Warsaw, 2005) was adopted in 2005. It is a comprehensive treaty focusing on the protection of
victims of trafficking and the safeguarding of their rights. The convention applies to all forms of
trafficking, whether national or transnational, whether or not related to organized crime. It applies to all
victims: women, men, or children, and whatever the form of exploitation: sexual exploitation, forced labor
or services, etc. The convention provides for the setting up of an independent monitoring mechanism
guaranteeing parties' compliance with its provisions. It expands the scope of the UN definition of
trafficking (set out in the Palermo Protocol) to include internal trafficking within the borders of one state
and trafficking not necessarily involving organized criminal groups.10 It provides a framework for the
enhanced protection of the human rights of trafficked persons. It requires the parties to the convention to
prevent trafficking and prosecute traffickers and adopt procedures to identify trafficked persons. It also
requires that people who are reasonably believed to have been trafficked are not involuntarily removed
until the identification process has been completed and at a minimum they are provided safe and secure
housing; psychological and emergency medical assistance, interpretation and translation services; and
information about their rights—including compensation—and such assistance may not be on the condition
that they act as a witness in any proceedings against their traffickers. The COE also requires that the
trafficked people are allowed to stay at least thirty days in the state in which they are found to recover,
escape the influence of their trafficker(s), and to make informed decisions about their future, and in certain
situations and if needed grant them renewable residence permits. The repatriation of the trafficking victims
should be carried out with due regard to their rights, safety, and dignity. The COE requires parties ensure
that the trafficked persons have access to redress and receive compensation for the abuses of their human
rights.11

Global Initiatives
Based on the principles of Article 9 of the TIP Protocol, Article 31 of the Organized Crime Convention,
International Labor Organization (ILO) conventions, the Trafficking Victims Protection Act (TVPA), and
the Council of Europe (COE) Convention on Action against Trafficking in Human Beings, several efforts
have been launched in form of campaigns, initiatives, policies, and programs.
Global response to human trafficking is a multilateral response that addresses social weaknesses that
make victims of human trafficking vulnerable to exploitation, such as gender inequalities,
underemployment, and family conflicts. It is designed to take into account accelerators of crime, such as
the illicit economy, sex tourism, and gangs. The program and service providers work with governments, the
private sector, and civil society to advocate for victims and effectively respond to human trafficking.
All multilateral organizations, including the UN, the OECD, ASEAN, the AU, and the OAS, have been
working together and have developed global and regional strategies to degrade and disrupt transnational
trafficking networks. The most recent example of global response to human trafficking is GLO.ACT.12
With the collaboration and coordination of efforts by the European Union (EU) and the United Nations
Office on Drugs and Crime (UNODC), GLO.ACT developed a joint initiative—The Global Action to
Prevent and Address Trafficking in Persons and the Smuggling of Migrants in partnership with the
International Organization for Migration (IOM) and the United Nations Children's Fund (UNICEF). It is
part of a joint response to trafficking in persons and the smuggling of migrants. Its focus is on the
implementation and delivery in up to 15 strategically selected countries across Africa, Asia, Eastern
Europe, and Latin America with the main objective of assisting governmental authorities, civil society
organizations, victims of trafficking, and smuggled migrants. It implements comprehensive national
counter-trafficking and counter-smuggling responses and strengthens states' capacities to efficiently
address human trafficking crimes and the inter-linkages between them. Its multidisciplinary
implementation strategy places trafficking in persons and the smuggling of migrants under the scope of
different relevant sectors such as criminal law, migration, labor, and social policies, thus, enhancing the
prosecution of offenders.13
From 2012 to 2015, the United Nations Office on Drugs and Crime (UNODC) has trained more than
2,000 criminal justice practitioners and government officials from more than 70 countries to investigate and
prosecute the trafficking in persons and smuggling crimes. UNODC has also trained criminal justice
practitioners and government officials to determine and provide appropriate support to trafficking victims
and smuggled migrants. Such a strategy enhances prosecution and protection efforts.14
Another international effort is the involvement of INTERPOL in addressing the crime of trafficking in
persons. INTERPOL—the world's largest international police organization, with 190 member countries
today—was officially created in 1923 as the International Criminal Police Commission.15 The organization
became known as INTERPOL in 1956. Its main function is to facilitate international police cooperation
even where diplomatic relations do not exist between particular countries. Action is taken within the limits
of existing laws in different countries and in the spirit of the Universal Declaration of Human Rights. The
General Secretariat is located in Lyon, France, and operates 24 hours a day, 365 days a year. INTERPOL
also has seven regional offices across the world and a representative office at the United Nations in New
York and at the European Union in Brussels. Each of the 190 member countries maintains a National
Central Bureau staffed by its own highly trained law enforcement officials.
INTERPOL coordinates and collaborates with various agencies such as the Economic Community of
West African States, Eurojust, Europol, Frontex, the International Centre for Migration Policy
Development, the International Labor Organization, the International Organization for Migration, the
Organization of American States, the Organization for Security and Co-operation in Europe, the Southeast
European Law Enforcement Center, the UK Missing Persons Bureau, and the United Nations Office on
Drugs and Crime.
INTERPOL has several programs to support national police in tactical deployments in the field, aimed at
breaking up the criminal networks behind trafficking in human beings and people smuggling. These
operations are preceded by training workshops to ensure that officers on the ground are trained in a range
of skills, including specialist interview techniques and the use of specialized equipment. Deployments
effectively combine police action with input from a number of different sectors, such as customs and
environmental officers, non-governmental organizations, officials from the Ministries of Health and Social
Affairs, and prosecutors.
Its most recent success is rescuing of over 2,700 human trafficking victims in an INTERPOL-
coordinated operation on July 28, 2016.16
International efforts, the TIP Protocol, and regional instruments provide an invaluable structure for
governments' national legislative responses to human trafficking. The United States' efforts to address
human trafficking have been influenced by the United Nations (UN), the European Union (EU)17
conventions and directives, and the “Palermo Protocol.”18

United States' Response to Human Trafficking

For international conventions and protocols to be successfully and effectively implemented, it is
imperative that similar state-level efforts are also made. Addressing a complex and multifaceted crime such
as human trafficking mandates a comprehensive, coordinated, and multidisciplinary effort at an
international as well as state level.19 It requires participation and coordination of various agencies—
criminal enforcement, labor enforcement, victim outreach and services, public awareness, education, trade
policy, international development and programs, immigration, intelligence, and diplomacy. Coordinated
efforts are essential for an integrated, effective, and successful response to human trafficking. Such a
response should have the ability to leverage resources and amplify results.20 Although to coordinate such a
massive effort is challenging, it is a critical and worthwhile endeavor that can yield anticipated success and
progress. Given the enormity and complexity of this crime, the United States engages in robust interagency
coordination and advocates that other state governments undertake interagency coordination efforts as well
(United States Department of State, 2016). This sentiment is reflected in the recent presidential speech:
Founded on the principles of justice and fairness, the United States continues to be a leader in the
global movement to end modern-day slavery. We are working to combat human trafficking,
prosecute the perpetrators, and help victims recover and rebuild their lives ...21

Trafficking Victims Protection Act

Soon after the United Nations General Assembly adopted the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children, in 2000, the U.S. Congress passed a federal
statute, the Trafficking Victims Protection Act (TVPA) (Public Law 106–386—Oct. 28, 2000, 114 Stat.
1465) to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude.22
The TVPA reauthorized certain federal programs to prevent violence against women and for other
purposes. Under this public law, the Trafficking Victims Protection Act of 2000 was established to combat
trafficking in persons, to ensure just and effective punishment of traffickers, and to protect their victims.
The Trafficking Victims Protection Act (TVPA) of 2000 has been subsequently renewed in 2003,23 2006,24
and 2008. In 2008, it was renamed the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008.25 In 2011, the law lapsed, and in 2013, the Trafficking Victims Protection Act, in its entirety,
was attached as an amendment to the Violence Against Women Act and passed.26
According to the amended TVPA, human trafficking may include but does not require movement,
transportation, or crossing the borders. Under this amended TVPA, people may be considered trafficking
victims regardless of whether they were transported to the exploitative situation, previously consented to
work for a trafficker, or participated in a crime as a direct result of being trafficked. The main element of
the act that makes it a crime of trafficking is the traffickers' intent to exploit and enslave their victims using
a variety of coercive and deceptive practices. The United States' law, TVPA, recognizes that trafficking is
an opportunistic crime and traffickers non-discriminately target all types of people—adults and children,
women, men, and transgender individuals, citizens and noncitizens alike.27 No socioeconomic group is
immune; new immigrants, Native Americans, runaways, the homeless, and lesbian, gay, bisexual, and
transgender youth are particularly vulnerable (Department of State, 2016). The common variable that
facilitates victimization and makes entrapping humans in this web easy is the victims' vulnerability. Most
of the victims come from the poorest and most isolated communities, whether overseas or in the United
States. Others who do not fall in these categories get ensnared because of their aspirations for a better life
and the lack of options in their home communities to fulfill them.

The Tier System

As mandated by the TVPA, an evaluation system was created. This is called the Tier System and is
divided into three tiers. The department evaluates each country's efforts towards controlling and preventing
trafficking in persons and places each country onto one of the tiers, as mandated by the TVPA. This
placement is based more on the extent of government action to combat trafficking than on the size of the
country's problem. The analyses are based on the extent of governments' efforts to reach compliance with
the TVPA's minimum standards for the elimination of human trafficking—consistent with the Palermo
Protocol.
Tier 1 placements mean the countries' governments fully comply with the Trafficking Victims Protection
Act's (TVPA) minimum standards. Tier 2 placement means that countries' governments do not fully
comply with the TVPA's minimum standards, but are making significant efforts to bring themselves into
compliance with those standards.
The Tier 2 Watch List refers to countries whose governments do not fully comply with the TVPA's
minimum standards, but are making significant efforts to bring themselves into compliance with those
standards and (a) the absolute number of victims of severe forms of trafficking is very significant or is
significantly increasing; (b) there is a failure to provide evidence of increasing efforts to combat severe
forms of trafficking in persons from the previous year; or (c) the determination that a country is making
significant efforts to bring itself into compliance with minimum standards was based on commitments by
the country to take additional future steps over the next year. Tier 3 placement means that countries'
governments do not fully comply with the minimum standards and are not making significant efforts to do
so.
Tier 1 is the highest ranking and Tier 1 placement means that the countries' governments fully comply
with the Trafficking Victims Protection Act's (TVPA) minimum standards. However, it does not mean that
a country has no human trafficking problem or that it is doing enough to address the problem. Rather, a
Tier 1 ranking indicates that a government has acknowledged the existence of human trafficking, has made
efforts to address the problem, and meets the TVPA's minimum standards. Each year, governments need to
demonstrate appreciable progress in combating trafficking to maintain a Tier 1 ranking.28

Office to Monitor and Combat Trafficking in Persons

With the authority under the Trafficking Victims Protection Act (TVPA), the Office to Monitor and
Combat Trafficking in Persons (OMCTIP) was established in October 2001 by the U.S. Department of
State. The OMCTIP leads the United States' global engagement in combating human trafficking and
supporting the coordination of anti-trafficking efforts across the U.S. government. This office partners with
foreign governments, international organizations, civil societies, and the private sector to develop and
implement effective strategies for confronting human trafficking. The OMCTIP is responsible for bilateral
and multilateral diplomacy, targeted foreign assistance, and public engagement on trafficking in persons.29
In accordance with the United Nations Palermo Protocol to Prevent, Suppress and Punish Trafficking in
Persons,30 the OMCTIP pursues policies, partnerships, and practices that uphold the 3P paradigm of
prosecuting traffickers, protecting victims, and preventing trafficking and pursues that. The OMCTIP is
organized into four sections: Reports and Political Affairs, International Programs, Public Engagement, and
Resource Management and Planning. The primary role of the Reports and Political Affairs (RPA) section is
to engage foreign governments regarding human trafficking issues and to prepare the annual Trafficking in
Persons (TIP) Report—the U.S. government's principal diplomatic and diagnostic tool to guide relations
with foreign governments on human trafficking. The TIP Report is the world's most comprehensive
resource of governmental anti-trafficking efforts and reflects the U.S. government's commitment to global
leadership on this key human rights and law enforcement issue.
The OMCTIP's International Programs (IP) section develops annual regional programming strategies,
oversees a competitive grant process, monitors current projects, and provides technical assistance to
grantees, which include international organizations and non-governmental organizations. This section
collaborates with the Department of State and other interagency counterparts and builds partnerships with
other bilateral and private donors to enhance coordination. Since its inception, it has supported more than
880 anti-trafficking projects worldwide in accordance with the trends and recommendations identified in
the TIP Report and in alignment with the 3Ps. Since 2002, most governments around the world have
ratified and implemented elements of the Palermo Protocol using the 3P framework—protection,
prosecution, and prevention—to fight human trafficking and have passed laws that criminalize all forms of
human trafficking. Over the last two decades, promising practices have emerged in victim identification,
law enforcement, and victim care, such as incorporating survivor voices in all aspects of anti-trafficking
policy development and implementation.
The OMCTIP's Public Engagement (PE) section serves as a liaison to Capitol Hill, ensuring that
members of Congress and their staff are aware of the Department of State's actions to combat trafficking.
The section is entrusted with working and building partnerships with Congress, the media, NGOs, other
U.S. government agencies, multilateral organizations, corporations, academia, research institutes, and civil
society to raise awareness about human trafficking and the U.S. government's anti-trafficking efforts. The
other agencies or divisions within agencies that have duties regarding combatting trafficking are the
Department of Defense, Department of Education, Government Accountability Office, Department of
Health and Human Services, Department of Homeland Security, Department of Justice, Department of
Labor, and Department of State.31
This PE section provides support to the President's Interagency Task Force to Monitor and Combat
Trafficking in Persons (PITF), a cabinet-level entity created by the TVPA to coordinate U.S. government-
wide efforts to combat trafficking in persons. The PITF functions to strengthen federal efforts to combat
human trafficking by coordinating efforts from the government leaders, the private sector, advocates and
survivors, faith leaders, law enforcement, and academia.
The PE section also formulates and supports the U.S. Advisory Council on Human Trafficking. This
council is comprised of survivors of human trafficking and charged with making recommendations to the
PITF on federal anti-trafficking policies. The Multilateral Affairs team of the PE section serves as the
OMCTIP's focal point on all matters related to the United Nations, the International Labor Organization,
the Organization for Security and Cooperation in Europe, the Organization of American States, the
Regional Conference on Migration, and other multilateral bodies. The team works with other member
states to ensure that new resolutions and initiatives, including the Palermo Protocol, have been universally
ratified and fully implemented. It also endeavors to promote a victim-centered approach to preventing and
combating all forms of human trafficking in multilateral venues.
The 4th section of the OMCTIP—Resource Management and Planning (RMP)—is responsible for
providing management support, such as strategic planning, performance management, evaluation oversight,
budget formulation, and execution for foreign assistance. It provides management support to state
operations resources, human resource liaison services, general services, travel assistance, and contract
support.
Owing to such concentrated and exhaustive endeavors of the United States government through the
OMCTIP and other entities, most countries around the globe now have laws criminalizing all forms of
human trafficking. Since the inception of TVPA and the OMCTIP, several promising practices, including
incorporation of survivor voices in all aspects of anti-trafficking policy development and implementation,
have emerged in victim identification, law enforcement, and victim care. However, there are still millions
of victims trapped in human trafficking. The 2016 Trafficking in Persons Report encourages governments
to work with local communities, law enforcement, and civil society to help identify those who may be
especially vulnerable to human trafficking, and take preventive action. It identifies five critical areas and
proposes that the governments and local communities collaborate and coordinate to prevent human
trafficking.32
For prevention efforts to be effective, it is essential to overcome the difficulties and unreliability in data
collection at local, regional, and global level. To this effect, the federal and state agencies should endeavor
to increase data collection and research to get reasonably accurate estimates of the victims and perpetrators,
understand the anatomy of this crime, and develop strategies to control and prevent it. Given the complex
and subtle nature of this crime and in order to understand the causes, characteristics, trends, and
consequences of all forms of trafficking in persons, it is essential that governments and civil society
encourage and fund research that provides baseline data. Another focus of the human trafficking research
should be on understanding underlying vulnerabilities that facilitate human trafficking in communities,
regions, countries, and other places.
Secondly, all major entities, such as governments, civil society, and the private sector, should collaborate
to develop awareness and prevention campaigns. Next, governments, the private sector, and all other
stakeholders should collaborate to develop policies and programs to prevent trafficking and keep at-risk
individuals safe. They should monitor recruitment agencies and train labor inspectors to end fraudulent
recruitment practices. All workers should have the freedom to form and join trade unions. The recruiters
should have honest and regulated policies and the violators should be held civilly and criminally liable. The
governments and civil society should integrate anti-trafficking elements into other programs, including
those that focus on health or economic development. The governments should also make efforts and laws
to reduce the demand for forced labor and commercial sex.33
Fourthly, all stakeholders—governments, civil society, academia, the private sector, and survivors—
should enhance multilateral collaboration to exchange information on experiences, challenges, best
practices, and emerging issues related to human trafficking. Governments should engage at the multilateral
level and enforce international obligations related to human trafficking. Finally, governments should
endeavor to encourage all stakeholders to collaborate and create partnerships among trafficking survivors,
NGOs, faith groups, donors, academics, and businesses.

Overview of Campaigns, Initiatives, and Programs

Funded by the United States
Based on the principles of Palermo Protocol and the TVPA, several campaigns, initiatives, and programs
have been launched. A few of these are discussed here.
The National Human Trafficking Resource Center (NHTRC) is one of the important entities engaged
in combating human trafficking. It is a nonprofit, non-governmental organization working exclusively on
the issue of human trafficking. The NHTRC, a Department of Health and Human Services (HHS) funded
program is operated and implemented by Polaris Project for the purpose of providing a national, 24-hour,
toll-free hotline number for the human trafficking field in the U.S. The center also provides referrals,
resources, general information, and training and technical assistance. It takes tips about potential situations
of human trafficking and facilitates reporting to specialized human trafficking task forces, federal
authorities, local law enforcement, and service providers throughout the country.34
It is a national anti-trafficking hotline and resource center serving victims and survivors of human
trafficking and the anti-trafficking community in the United States. The toll-free hotline is available to
answer calls from anywhere in the country, 24 hours a day, 7 days a week, every day of the year in more
than 200 languages. Its mission is to provide human trafficking victims and survivors with access to critical
support and services to get help and stay safe, and to equip the anti-trafficking community with the tools to
effectively combat all forms of human trafficking. This service offers around-the-clock access to a safe
space to report tips, seek services, and ask for help. It provides innovative anti-trafficking training,
technical assistance, and capacity building support. The NHTRC has been operated since December 7,
2007, by Polaris. The center maintains one of the most extensive data sets on the issue of human trafficking
in the United States. So far, as of June 30, 2016, there have been 13,454 calls received and 3,646 human
trafficking cases reported to NHTRC.35
Polaris—a nonprofit, non-governmental organization—was founded in 2002. It has become a leader in
the global fight to eradicate modern slavery and is one of the largest anti-trafficking organizations in the
U.S., with programs operating at local and national levels through their offices in Washington, DC, and
Newark, New Jersey. It is not a government entity, law enforcement agency, or immigration bureau. The
United States' Department of Health and Human Services (HHS), private donors, and other supporters
provide funding. Its approach includes conducting direct outreach and victim identification and providing
social services and transitional housing to victims. Since 2007, it has also been operating the National
Human Trafficking Resource Center (NHTRC), serving as the central national hotline on human
trafficking. It also advocates for stronger state and federal anti-trafficking legislation, and engages
community members in local and national grassroots efforts.
Since 2013, it has been providing training and technical assistance locally and internationally. It also
provides technical assistance on new hotline projects, conducts hotline skills trainings, and provides
technical assistance on hotline operations and data management. The organization also works with non-
governmental organizations (NGOs), law enforcement, and government-run hotlines in various countries
around the globe. It is one of the organizations that addresses all forms of trafficking and all aspects of
trafficking, including supporting survivors who are male, female, transgender people, and children; U.S.
citizens and foreign nationals; and survivors of both labor and sex trafficking. In April 2013, Polaris
Project launched a Global Human Trafficking Hotline Network with Google's grant to connect with
international anti-trafficking organizations running hotlines and coordinating efforts. Polaris Project used
Salesforce to help improve tactics and increase their social impact. In early 2013, Polaris Project, along
with Thorn, Salesforce, and Twilio, launched a new hotline for texting. By simply texting “BeFree”
(233733), victims and captives could quickly and directly send out a message. This method of
communication gives Polaris Project the ability to gather information and use it to coordinate with law
enforcement to help victims of human trafficking.
Polaris follows a three-part model that systemically disrupts human trafficking. This model including
responding to the victims of human trafficking effectively and immediately, equipping key stakeholders
and communities to address and prevent human trafficking, and disrupting the business of human
trafficking through targeted campaigns. Its main programs are discussed here. It operates national hotlines,
such as the National Human Trafficking Resource Center hotline and BeFree Textline, to connect survivors
to critical support systems to get help and stay safe, and equip communities with tools to combat human
trafficking. Its global hotlines encourage multinational collaboration—with a focus on North America—
among hotlines, service providers, governments, and law enforcement entities to share data, strategies, and
resources to eradicate flows of trafficking that cross borders. It provides direct services in Washington, DC,
including crisis intervention, case management, and counseling, to ease the effects of trauma. It establishes
a relationship with the government to connect victims with the appropriate departments. As a premiere
source of human trafficking policy expertise, it builds government support to eradicate all forms of modern
slavery and protect victims of this crime.
Polaris also offers advisory services. It provides customized solutions and consultation to support
individuals and institutions in the public and private sectors working to combat human trafficking. Other
services provided by Polaris include data collection and data analysis. It uses data to find out where and
how traffickers operate in order to understand the scope, size, and systems of modern slavery. Another
program includes strategic interventions. These include disrupting human trafficking networks in illicit
massage businesses and residential brothels by strengthening the safety net for victims in these venues and
calling for strategic action that stops traffickers from harming more people.
Based on the 3P paradigm, the United States funds a number of initiatives, NGOs, and programs. Below
is a description of some of these initiatives. This list is not exhaustive. It does not list all the initiatives.
There are many more initiatives operating in North America as well as other regions of the globe.
The 8th Day Center for Justice is a Roman Catholic nonprofit organization based in Chicago, Illinois. It
was founded in 1974 by six congregations of religious men and women. Currently the center is advocacy-
centered (primarily around Catholic social teaching) and is associated with over 40 religious communities,
allowing the congregations to pool their resources for the work.36
The A21 Campaign is a 501(c)(3) nonprofit, non-governmental organization that focuses on fighting
human trafficking of all kinds—including sexual exploitation and forced slave labor. The campaign was
founded by Christine Caine, an international motivational speaker, in 2008. The A21 Campaign focuses on
combatting slavery around the world through educational awareness and prevention, the protection of
victims (by providing services such as medical and psychological treatment, as well as legal and vocational
assistance to the victims of human trafficking in their crisis centers, shelters, and transitional homes), the
prosecution of traffickers, and various partnerships (including with official bodies, community members,
other non-governmental organizations, and corporations). The A21 Campaign has teams on the ground in
Ukraine, Greece, Bulgaria, the United Kingdom, Norway, the United States, South Africa, Thailand, the
Netherlands, and Australia. The A21 Campaign is a nonprofit, non-governmental organization. The
organization is funded through donations from individuals, faith-based organizations, businesses, and other
partnerships. Its objective is to “abolish injustice in the 21st century.”37
The Arizona League to End Regional Trafficking (ALERT) is a coalition representing partnerships with
law enforcement, faith-based communities, nonprofit organizations, social service agencies, attorneys, and
concerned citizens. ALERT helps the victims of human trafficking by providing food and shelter, medical
care, mental health counseling, immigration assistance, legal assistance, language interpretation, case
management, and other culturally appropriate services throughout the state of Arizona. Its main objective is
to end the suffering and dehumanization of the victims of human trafficking through education, outreach,
and a variety of other innovative programs and services.38
Bishop Outreach is another nonprofit, non-governmental organization that offers services in rescuing
those enslaved in human trafficking. The organization promotes the awareness of and education about
different aspects associated with human trafficking along with working with local, state, and federal law
enforcement (FBI, DHS, and DOJ) to expose, arrest, and prosecute traffickers, while providing the
necessary support systems that aid in the healing of physical and mental damages that the victim has
endured.39
California Against Slavery (CAS), is a human rights organization that is engaged in strengthening
California state laws to protect victims of sex trafficking and to increase law enforcement efforts. Its most
recent efforts include a vote on a ballot question (Proposition 35) that would (1) make stiffer criminal
penalties, (2) aid district attorneys in prosecuting human trafficking offenses, (3) increase protection for
human trafficking victims, (4) mandate two-hour human trafficking training for law enforcement officers,
and (5) increase allocation of certain seized assets and fines to organizations that serve human trafficking
victims.40
The Centre to End All Sexual Exploitation is another nonprofit organization that helps human trafficking
victims, sex workers, and the homeless by providing them with resources.
The Coalition to Abolish Slavery and Trafficking (CAST) is a Los Angeles-based anti-human trafficking
organization. It is a nonprofit organization that helps human trafficking victims by providing social
services, legal services, and outreach and training. It helps rehabilitate survivors of human trafficking,
raises awareness, and affects legislation and public policy surrounding human trafficking.
CAST was founded in 1998 as a response to the landmark El Monte Thai Garment Slavery Case of 1995,
in which 72 Thai immigrants were forced to work in slave-like conditions for 18-hours a day, while locked
up in the Los Angeles suburb of El Monte. The victims were paid about 69 cents an hour, and charged
exorbitant amounts for basic necessities, ensuring they would never be able to pay off their original debt to
their traffickers and remain under their control. The case garnered national press coverage, and brought the
issue of modern slavery and human trafficking into the mainstream media.41
Free the Slaves is an international non-governmental organization and lobby group, established to
campaign against the modern practice of slavery around the world.
Global Alliance Against Trafficking Women (GAATW) is a network of more than 100 non-
governmental organizations from all regions of the world, who share a deep concern for the women,
children, and men whose human rights have been violated by the criminal practice of trafficking in persons.
GAATW is committed to work for changes in the political, economic, social, and legal systems and
structures which contribute to the persistence of trafficking in persons and other human rights violations in
the context of migratory movements for diverse purposes, including security of labor and livelihood. It was
founded in 1994 by several feminist activists.42
Love146 was founded in 2004. It is a U.S.-based 501(c)(3) nonprofit international human rights
organization that works toward the abolition of child trafficking and exploitation through survivor care,
prevention education, professional training, grassroots empowerment, and contribution to a growing body
of research.
Not for Sale was founded in 2001. It is an international 501(c)(3) nonprofit organization based out of
San Francisco, California, that works to protect people and communities around the world from human
trafficking and modern-day slavery. The organization equips and empowers survivors of human trafficking
and those at risk of exploitation by providing shelter, healthcare, and legal services and education, job
skills, and life-skills training and partners with leading companies and organizations to create long-term
employment opportunities for survivors and at-risk communities.43
Physicians for Human Rights (PHR) was established in 1986 to use the unique skills and credibility of
health professionals to advocate for persecuted health workers, prevent torture, document mass atrocities,
and hold those who violate human rights accountable. It is a U.S.-based not-for-profit human rights NGO
that uses medicine and science to document and advocate against mass atrocities and severe human rights
violations around the world. PHR headquarters are in New York City, with offices in Boston and
Washington, DC.44
The Redlight Children Campaign is a nonprofit organization created by New York lawyer and president
of Priority Films Guy Jacobson and Israeli actress Adi Ezroni in 2002, to combat worldwide child sexual
exploitation and human trafficking. Its mission is to decrease the demand side of the international sex trade
through legislation and enforcement while raising awareness utilizing mass media and grassroots outreach.
Through its partnership with Priority Films, Redlight Children has recently launched the K11 Project—
three films which attempt to expose real life experiences of the underage sex trade. K11 consists of two
documentaries and a feature-length narrative film, Holly, which were all filmed on location in Cambodia.45
Shared Hope International (SHI) is a nonprofit, non-governmental organization that exists to prevent sex
trafficking and restore and bring justice to women and children who have been victimized through sex
trafficking. Its focus is to prevent and eradicate sex trafficking and slavery. SHI operates programs in the
United States, India, Nepal, and Jamaica. It leads awareness and training, prevention strategies, restorative
care, research, and policy initiatives to mobilize a national network of protection for victims. SHI was
founded in 1998 by former Congresswoman Linda Smith. Shared Hope's early efforts were focused on
international sex trafficking. With a grant from the U.S. Department of State, Shared Hope spent three
years facilitating meetings between government, law enforcement, and the private sector in six countries to
encourage protection, prosecution, and prevention.46
Slavery Footprint is a survey that asks and responds to the question, “How Many Slaves Work for You?”
The survey allows users to input select data about their consumer spending habits, which then outputs a
graphical “footprint” of the user's participation in modern-day slavery (as quantified by their consumption
of items created by forced labor and child labor.) Made in a Free World, the creators of Slavery Footprint,
researched the supply chains of 400 consumer products to determine the likely number of slaves it takes to
make each of those products. They put the information into an online survey where you can determine the
number of slaves that are needed to maintain your personal lifestyle. After the survey, the user has the
option to share the results or take action. The purpose of this project is to increase awareness of forced
labor and child labor and engage the public in taking steps toward addressing the use of forced labor, by
encouraging users to advocate with strategic actions in the marketplace.
With the support of the U.S. Department of State, Justin Dillon, founder and CEO of Made in a Free
World, founded Slavery Footprint. The website launched on September 22, 2011, at the Clinton Global
Initiative. This date marks the 149th anniversary of the signing of the Emancipation Proclamation.47
Stop Child Trafficking Now (also called SCTNow), an international organization, was founded in 2011.
This nonprofit organization engages in advocacy work in an attempt to bring an end to the trafficking of
children. SCTNow targets the demand for human trafficking, focusing on pedophiles, child abductions, and
child pornography. The group seeks to have those who sexually abuse children prosecuted and convicted.
SCTNow organizes a walk each year to raise awareness on the issue.
SW Florida Regional Human Trafficking Coalition, a nonprofit organization covering Collier, Lee,
Charlotte, Hendry, and Glades Counties of southwest Florida, provides, in conjunction with its partners,
comprehensive services to rescue and restore victims of human trafficking.48
Truckers Against Trafficking (TAT) was established in Oklahoma in 2009. It is a nonprofit organization
that trains truck drivers to recognize and report instances of human trafficking. It teaches truck drivers
about the results of human trafficking. TAT produces anti-trafficking materials which are commonly seen
throughout the trucking industry. The organization teams up with law enforcement agencies and trucking
companies to provide training on identifying sex trafficking, and asking transportation companies to
require their drivers to go through it. Through their efforts, they have freed hundreds of human trafficking
victims. According to the National Human Trafficking Resource Center, the majority of truck drivers who
report tips learned about them through TAT. Since 2011, it has formed a partnership with Pilot Flying J in
2011 and in 2013 it also partnered with the Truckload Carriers Association. In 2012, the Ottawa, Ontario,
Canada-based Persons Against the Crime of Trafficking in Humans was inspired by TAT to initiate
TruckSTOP, a campaign that teaches truck drivers how to identify human trafficking victims. TAT was
promoted in “Killer Truckers,” a 2013 television special by Investigation Discovery.49 The most recent
success story involves a truck driver who, after suspecting human trafficking in a particular situation, called
911. His phone call precipitated the arrest and subsequent conviction of 31 traffickers, the release of 9
people from the sex industry, and the fall of an organized crime ring that had been active in 13 U.S.
states.50
Vital Voices Global Partnership was established in 1999 following the United Nations Fourth World
Conference on Women in Beijing to promote the advancement of women as a U.S. foreign policy goal. The
organization is headquartered in Washington, DC. It is an American international, nonprofit, non-
governmental organization that works with women leaders in the areas of economic empowerment,
women's political participation, and human rights.51
A list of additional organizations with a primary, or significant, commitment to ending human trafficking
is attached in Appendix 1.
Conclusion and Chapter Review
In this chapter, we have discussed the global and United States' response to the crime of human
trafficking. We learned about the global as well as the United States response to this crime. This chapter
provided a broader understanding of the United States' and global efforts to respond to human trafficking in
a coordinated and collaborated manner. In essence, we learned about the following:

The Global Response to Trafficking in Persons

International Treaties, Conventions, and Protocols
United Nations Conventions and Protocols
Article 9 of the Trafficking in Persons (TIP) Protocol
Article 31 of the Organized Crime Convention
International Labor Organization (ILO) Conventions
The Council of Europe (COE) Convention on Action against Trafficking in Human Beings
Global Initiatives
United States' Response to Human Trafficking
Trafficking Victims Protection Act
The Tier System
Office to Monitor and Combat Trafficking in Persons
Overview of Campaigns, Initiatives, and Programs Funded by the United States
Discussion Questions
1) What is the Tier System? What is the purpose of this Tier System?
2) Describe the role of the Office to Monitor and Combat Trafficking in Persons (OMCTIP).
3) Discuss the 3P framework and define what the 3 Ps mean in terms of protection,
prosecution, and prevention.
4) Discuss three-part model used by Polaris. What is the main purpose of this model?
5) Review your state's laws and discuss what resources your state has to address trafficking in
persons.
6) Discuss the Trafficking in Persons Protocol.
7) Discuss the Trafficking Victims Protection Act.
8) Identify the role of the National Human Trafficking Resource Center (NHTRC) in
combating trafficking in persons.
9) List at least three organizations in your state that help trafficking in persons' victims.
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United States Congress. Mann Act, 18 United States Code §§. 1581–1588.
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United States Congress. Trafficking Victims Protection Reauthorization Act (TVPRA). Pub. L. No. 108-
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United States Congress. Trafficking Victims Protection Reauthorization Act (TVPRA). Pub. L. No. 109-
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United States Department of Justice (U.S.DOJ). “Assessment of U.S. Government Efforts to Combat
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United States Department of Justice (U.S.DOJ). Report on Activities to Combat Human Trafficking:
Fiscal Years 2001–2005. 2006. http://www.usdoj.gov/crt/crim/trafficking_report_2006.pdf.
United States Department of State. Progress in Combating Trafficking in Persons: The U.S. Government
Response to Modern Slavery 150 Years After the Emancipation Proclamation. Office to Monitor and
 Combat Trafficking in Persons. April 9, 2013.
United States Department of State. Review of the 2016 Trafficking in Persons Report. State Department
Testimony of Ambassador Susan Coppedge for the Senate Foreign Relations Committee. July 12,
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United States Department of State. “Special State Department Briefing.” Federal News Service, June 3,
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United States Department of State. Trafficking in Persons Interim Assessment. Office to Monitor and
Combat Trafficking in Persons. March 6, 2015. http://www.state.gov/j/tip/.
United States Department of State. Trafficking in Persons Report. Office to Monitor and Combat
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United States Government Accounting Office (U.S.GAO). Human Trafficking: Better Data, Strategy,
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Weitzer, Ronald. “Moral Crusade against Prostitution.” Society 4 3, no. 3 (2006): 33–38.
Wilson, Deborah G., William F. Walsh, and Sherilyn Kleuber. “Trafficking in Human Beings: Training
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Women's Commission for Refugee Women and Children. Displaced Women and Girls. 2016.
Further Suggested Readings
Aradau, C. (2004). The perverse politics of four-letter words: risk and pity in the securitisation of human
trafficking. Millennium-Journal of International Studies, 33(2), 251–277.
Aronowitz, A. A. (2009). Human trafficking, human misery: The global trade in human beings.
Greenwood Publishing Group.
Bernat, F. P., & Zhilina, T. (2010). Human trafficking: The local becomes global. Women & Criminal
Justice, 20(1–2), 2–9.
Bruch, E. M. (2004). Models wanted: The search for an effective response to human trafficking. Stan. J.
Int'l L., 40, 1.
Brysk, A., & Choi-Fitzpatrick, A. (Eds.). (2012). From human trafficking to human rights: Reframing
contemporary slavery. University of Pennsylvania Press.
Capous Desyllas, M. (2007). Critique of the Global Trafficking Discourse and U.S. Policy, A. J. Soc. &
Soc. Welfare, 34, 57.
Chuang, J. (2006). Beyond a snapshot: Preventing human trafficking in the global economy. Indiana
journal of global legal studies, 13(1), 137–163.
Chuang, J. A. (2006). The United States as global sheriff: Using unilateral sanctions to combat human
trafficking. Michigan Journal of International Law, 27(2).
Clark, M. A. (2003). Trafficking in persons: An issue of human security. Journal of Human
Development, 4(2), 247–263.
Coontz, P., & Griebel, C. (2004). International approaches to human trafficking: The call for a gender-
sensitive perspective in international law. Women's Health Journal, 4(4), 47–59.
Dillon, S. A. (2008). What human rights law obscures: Global sex trafficking and the demand for
children. UCLA Women's Law Journal, 17, 121.
Farrell, A., McDevitt, J., & Fahy, S. (2008). Understanding and improving law enforcement responses
to human trafficking, final report, 2008, June. Human Trafficking Data Collection and Reporting
Center Research and Technical Reports, 1.
Farrell, A., & Fahy, S. (2009). The problem of human trafficking in the U.S.: Public frames and policy
responses. Journal of Criminal Justice, 37(6), 617–626.
Gallagher, A., & Holmes, P. (2008). Developing an effective criminal justice response to human
trafficking lessons from the front line. International criminal justice review, 18(3), 318–343.
Gallagher, A. T. (2011). Improving the effectiveness of the international law of human trafficking: A
vision for the future of the U.S. Trafficking in Persons reports. Human Rights Review, 12(3), 381–400.
Goodey, J. (2008). Human trafficking Sketchy data and policy responses. Criminology and Criminal
Justice, 8(4), 421–442.
Hathaway, J. C. (2008). Human Rights Quagmire of Human Trafficking, The. Va. J. Int'l L., 49, 1.
Kandathil, R. (2005). Global sex trafficking and the Trafficking Victims Protection Act of 2000:
Legislative responses to the problem of modern slavery. Mich. J. Gender & L., 12, 87.
Kyle, D., & Koslowski, R. (2011). Global human smuggling: Comparative perspectives. JHU Press.
Kneebone, S., & Debeljak, J. (2012). Transnational crime and human rights: Responses to human
trafficking in the Greater Mekong Subregion. Routledge.
Konrad, H. (2002). Trafficking in human beings—the ugly face of Europe. Helsinki Monitor, 13(3),
260–271.
Laczko, F. (2002). Human trafficking: the need for better data. Migration Information Source, 1.
Lee, M. (2011). Trafficking and global crime control. Sage publications.
Logan, T. K., Walker, R., & Hunt, G. (2009). Understanding human trafficking in the United States.
Trauma, Violence, & Abuse, 10(1), 3–30.
Nagle, L. E. (2008). Selling souls: the effect of globalization on human trafficking and forced servitude.
 Wisconsin International Law Journal, 26(1).
Okech, D., Morreau, W., & Benson, K. (2012). Human trafficking: Improving victim identification and
service provision. International Social Work, 55(4), 488–503.
Roby, J. L., Turley, J., & Cloward, J. G. (2008). U.S. response to human trafficking: Is it enough?.
Journal of Immigrant & Refugee Studies, 6(4), 508–525.
Sadruddin, H., Walter, N., & Hidalgo, J. (2005). Human trafficking in the United States: expanding
victim protection beyond prosecution witnesses. Stan. L. & Pol'y Rev., 16, 379.
Segrave, M. (2009, August). Order at the border: The repatriation of victims of trafficking. In Women's
studies international forum(Vol. 32, No. 4, pp. 251–260). Pergamon.
Smith, L., & Mattar, M. (2004). Creating International Consensus on Combating Trafficking in Persons:
U.S. Policy the Role of the UN, and Global Responses and Challenges. Fletcher F. World Aff., 28,
155.
Srikantiah, J. (2007). Perfect victims and real survivors: The iconic victim in domestic human
trafficking law. Immigr. & Nat'lity L. Rev., 28, 741.
Todres, J. (2011). Widening our lens: Incorporating essential perspectives in the fight against human
trafficking. Michigan Journal of International Law, 33, 53–76.
United Nations Office on Drugs and Crime (UNODC) 2011. Legal and Policy Review—Responses to
Human Trafficking in Bangladesh, India, Nepal and Sri Lanka.
https://www.unodc.org/unodc/en/human-trafficking/2011/legal-and-policy-review—responses-to-
human-trafficking-in-bangladesh-india-nepal-and-sri-lanka.html.
Wilson, D. G., Walsh, W. F., & Kleuber, S. (2006). Trafficking in human beings: Training and services
among U.S. law enforcement agencies. Police Practice and Research, 7(02), 149–160.
Vital Voices Global Partnership, Stateless and Vulnerable to Human Trafficking in Thailand,
(Washington, D.C., June 2007), p. 13 (see www.vitalvoices.org). 8th Day Center for Justice
Www.8thdaycenter.org.
Worst Forms of Child Labor Convention, 1999 (No. 182). Convention concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child Labor (Entry into force: 19 Nov
2000). Adoption: Geneva, 87th ILC session (17 Jun 1999)—Status: Up-to-date instrument
(Fundamental Convention).
Notes
1. U.S. Government Accountability Office. (2006). Human trafficking: Better data, strategy, and
reporting needed to enhance U.S. anti-trafficking efforts abroad. Trends in Organized Crime, 10(1).
2. International Labor Organization. (2014). Profits and poverty: The economics of forced labour.
http://www.ilo.org/wcmsp5/groups/public/—ed_norm/—
declaration/documents/publication/wcms_243391.pdf.
3. International Labor Organization. (2014). Profits and poverty: The economics of forced labour.
http:// http://www.ilo.org/wcmsp5/groups/public/—ed_norm/—
declaration/documents/publication/wcms_243391.pdf.
4. Skinner, E. B. (2008). A crime so monstrous: Face-to-face with modern-day slavery. Simon and
Schuster.
5. U.S. Department of State. (2007). Trafficking in persons report 2007.
6. United Nations Office on Drugs and Crime (UNODC). (2014). Global report on trafficking in
persons: Executive summary. http://www.unodc.org/documents/data-and-
analysis/glotip/GLOTIP14_ExSum_english.pdf.
7. UN General Assembly. (2000). Protocol to prevent, suppress and punish trafficking in persons,
especially women and children. Supplement to the United Nations convention against transnational
organized crime. Resolution 55, 25.
8. United Nations Secretariat. (2005). United Nations Convention Against Transnational Organized
Crime and the Protocols Thereto.
9. United Nations Office on Drugs and Crime (UNODC). (2010). World drug report 2010. United
Nations Publications.
10. Council of Europe. (2005, May 16). Council of Europe Convention on Action against Trafficking
in Human Beings. Treaty Series No. 197. Warsaw.
11. Sembacher, A. (2005). Council of Europe Convention on Action against Trafficking in Human
Beings. Tul. J. Int'l & Comp. L., 14, 435.
12. “The Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrants
is a four-year (2015–2019) joint initiative by the European Union (EU) and the United Nations Office on
Drugs and Crime (UNODC) being implemented in partnership with the International Organization for
Migration (IOM) and the United Nations Children's Fund (UNICEF).”
http://www.unodc.org/unodc/en/human-trafficking/glo-act/index.html.
13. “The Human Trafficking Knowledge Portal is an initiative to facilitate the dissemination of
information regarding the implementation of the UN Convention against Transnational Organized Crime
and specifically the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children. The Human Trafficking Knowledge Portal hosts a Case Law Database on officially
documented instances of trafficking in persons crime.”
https://www.unodc.org/cld/en/v3/htms/index.html.
14. “The UNODC Global Report 2014 is the second of its kind mandated by the General Assembly. It
covers 128 countries and provides an overview of patterns and flows of trafficking in persons at global,
regional and national levels, based on trafficking cases detected between 2010 and 2012 (or more recent).
The Global Report 2014 highlights the role of organized crime in trafficking in persons, and includes an
analytical chapter on how traffickers operate. The worldwide response to trafficking in persons is also a
focus of this edition of the Global Report.” https://un.org.au/2015/07/31/global-report-on-trafficking-in-
persons/.
15. “INTERPOL is the world's largest international police organization, with 190 member countries.
[Its] role is to enable police around the world to work together to make the world a safer place. [Its] high-
tech infrastructure of technical and operational support helps meet the growing challenges of fighting
crime in the 21st century. [Its] aim [is] to facilitate international police cooperation even where
diplomatic relations do not exist between particular countries. Action is taken within the limits of existing
laws in different countries and in the spirit of the Universal Declaration of Human Rights. [Its]
Constitution prohibits ‘any intervention or activities of a political, military, religious or racial character.’”
https://www.interpol.int/About-INTERPOL/Overview.
16. Interpol. (2016, July 28). More than 2,700 human trafficking victims rescued in INTERPOL-
coordinated operation: Results mark INTERPOL support for World Day against Trafficking in Persons.
http://www.interpol.int/News-and-media/News/2016/N2016-098.
17. “The EU is a unique political structure, currently composed of twenty-seven nations, a complex
supranational organization that has federal aspects analogous to the U.S. The countries that make up the
EU (“Member States”) remain independent sovereign nations, but they have ceded a part of their
sovereignty in order to achieve a common market and other goals, as well as a global influence that none
of them could have on their own (e.g., within the World Trade Organization).”
http://filj.lawreviewnetwork.com/files/2011/10/EU_Citation_Manual_2010-2011_for_Website.pdf.
18. UN General Assembly. (2000, November 15). Protocol to Prevent, Suppress and Punish
Trafficking in Persons Especially Women and Children. Supplement to the United Nations Convention
against Transnational Organized Crime. Resolution 55/25.
19. U.S. Department of State. (2016, July 12). Review of the 2016 Trafficking in Persons Report.
State Department Testimony of Ambassador Susan Coppedge for the Senate Foreign Relations
Committee.
20. President's Interagency Task Force to Monitor and Combat Trafficking in Persons. (2013, April 9).
Progress in Combating Trafficking in Persons: The U.S. Government Response to Modern Slavery.
Washington, DC: U.S. Department of State. Office to Monitor and Combat Trafficking in Persons.
21. Obama, B. (2015, December 31). Presidential Proclamation—National Slavery and Human
Trafficking Prevention Month. Washington, DC: The White House, Office of the Press Secretary.
22. U.S. Code. (2000). Victims of trafficking and violence protection act of 2000. Public Law 106,
386.
23. House Report 108-264. Trafficking Victims Protection Reauthorization Act of 2003 (Parts 1–2).
24. U.S. Congress. (2005). Trafficking Victims Protection Reauthorization Act of 2005. In the 109th
Congress. 1st Session, vol. 4.
25. U.S. Congress. (2008). William Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008. Public Law 110, 457.
26. U.S. Congress. (2013). Trafficking Victims Protection Reauthorization Act of 2013 (Title XII of
the Violence Against Women Reauthorization Act of 2013).
27. U.S. Department of State. (2016). Trafficking in persons report 2016.
28. U.S. Department of State. (2015, March 6). Trafficking in Persons Interim Assessment. U.S.
Department of State. Office to Monitor and Combat Trafficking in Persons.
http://www.state.gov/j/tip/rls/reports/2015/245641.htm.
29. U.S. Department of State. Office to Monitor and Combat Trafficking in Persons.
http://www.state.gov/j/tip/.
30. UN General Assembly. (2000). Protocol to prevent, suppress and punish trafficking in persons,
especially women and children. Supplement to the United Nations convention against transnational
organized crime. Resolution 55, 25.
31. Bureau of Democracy, Human Rights and Labor. (2014). Country reports on human rights
practices for 2014. U.S. Department of State.
32. U.S. Department of State. (2016). 2016 Trafficking in persons report.
33. U.S. Department of State. (2016, July 12). Review of the 2016 Trafficking in Persons Report.
State Department Testimony of Ambassador Susan Coppedge for the Senate Foreign Relations
Committee.
34. National Human Trafficking Resource Center. https://traffickingresourcecenter.org/.
35. National Human Trafficking Resource Center. https://traffickingresourcecenter.org/.
36. 8th Day Center for Justice. www.8thdaycenter.org/.
37. The A21 Campaign. www.a21.org/.
38. Arizona League to End Regional Trafficking (ALERT). traffickingaz.org
39. Bishop Outreach. bishopoutreach.org/.
40. California Against Slavery. californiaagainstslavery.org.
41. CAST: Coalition to Abolish Slavery & Trafficking. www.castla.org/.
42. The Global Alliance Against Traffic in Women (GAATW). www.gaatw.org/.
43. Not For Sale. https://www.notforsalecampaign.org/.
44. Physicians for Human Rights. physiciansforhumanrights.org/.
45. Red Light Campaign. www.redlightcampaign.org/.
46. Shared Hope International. sharedhope.org/.
47. Slavery Footprint. Made in a free world. slaveryfootprint.org/.
48. SW Florida Regional Human Trafficking Coalition. swfl-humantrafficking.org/.
49. Truckers Against Trafficking. www.truckersagainsttrafficking.org/.
50. Truck News. http://www.trucknews.com/.
51. Vital Voices Global Partnership. https://www.vitalvoices.org/.
 Chapter 7

Trafficking in Persons:
The Criminal Justice Response
to Trafficking
Chapter Objectives
This chapter provides a comprehensive understanding of the following:

The Criminal Justice Response to Trafficking in Persons

The United States and Human Trafficking Legislation
Challenges in Identification of Trafficking Victims
Trainings/Strategies for Identification of Victims and Offenders
Awareness and Educational Campaigns
Task Forces
Warning Signs of Trafficking and Plans
Arrest and Prosecution of the Traffickers
Introduction: The Criminal Justice Response to
Trafficking in Persons
Although history is replete with examples of physical and sexual exploitation of humans for labor and
pleasure, the discussion of human trafficking in the context of exploitation has begun fairly recently. It has
only recently gained the attention of law enforcement, human rights advocates, and policymakers. During
the last few decades, there has been a heightened interest in understanding the nature and extent of human
trafficking as well as its effects and consequences on victims and others. This heightened interest has
translated into an increased awareness of human trafficking locally, nationally, and internationally. It is
now widely understood that human trafficking exists and it exists everywhere. It affects virtually every
person and every country in every region of the world. It is a global crime that transcends all geographical
and demographic boundaries. It engenders conditions where economic gain becomes the guiding principle
and human beings are treated as commodities and units of production.
This increased awareness and interest has triggered the international community to take action and pass
legislation to address human trafficking. Consequently, Resolution 55/25—the Convention against
Transnational Organized Crime—and its supplemental protocol, the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and Children, was adopted by the United Nations
General Assembly in 2000. This protocol is also known as Palermo Protocol.1 Since the introduction and
passing of the Resolution 55/25 and adoption of Palermo Protocol, there have been a number of other
legislations passed, adopted, and implemented in many countries of the globe. This chapter focuses on
examination of legal issues related to human trafficking and the criminal justice response to trafficking. It
reviews trafficking in persons legislation and discusses the United States' legal response in confronting the
crime of trafficking in persons. Then, the chapter reviews the development of strategies including trainings
provided to law enforcement officers, educational and awareness trainings, and campaigns for the
identification of victims and offenders. The chapter discusses warning signs of trafficking and criminal
justice endeavors to control and prevent trafficking. It also presents information on the recommended
processes for the arrest, prosecution, and punishment of the traffickers.
Cases like from that of a family-run sex-trafficking organization based in South Florida in the 1990s,2
and the Golden Venture smuggling ship from China in 1993,3 to the most recent one in 2015 where nine
traffickers were charged in interstate human trafficking conspiracy4—have taken center stage in the news
and media. Numerous news stories like the ones mentioned above have made the general public aware of
the varied manifestations of the crime of human trafficking domestically and around the globe. These
stories present the process and consequences of trafficking in human terms and in all its painful details.5
Although trafficking cases involving sexual exploitation receive the most coverage and incite public
outrage, labor trafficking cases account for more than 75 percent of all human trafficking cases globally.6
Human trafficking has also been referred to as “modern-day slavery”7 and has also been described as the
second most profitable organized criminal activity in the world. Consequently, there is an increased
national and global interest in developing strategies and solutions to address this horrendous problem
affecting humanity. The increased general awareness of the issue and public response has resulted in many
new legislations being passed and old ones being modified. In preparation for an adequate and effective
response to this heinous crime, the law enforcement, courts, and other legal personnel are also offered
trainings.
In this chapter, we discuss the complex history and current status of criminal justice responses to
“trafficking in persons” and anti-trafficking legislation in United States as well as in other parts of the
world. This chapter builds on the discussions in Chapter 2, where we discussed historical and global
perspectives on trafficking in persons—a history of the events leading up to the creation of the Trafficking
Victims Protection Act of 2000, the federal law that first addressed the phenomenon of trafficking in
persons and the discussions in Chapter 6 that provided insight on the global response to human trafficking.

The United States and Human Trafficking Legislation

Soon after November 15, 2000, when the United Nations General Assembly passed Resolution 55/25
adopting the Convention against Transnational Organized Crime and its supplemental protocols, the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children—a
protocol against Transnational Organized Crime was adopted by the United Nations General Assembly.
This protocol—also known as Palermo Protocol—was entered into force on December 25, 2003.8 As of
2015, it has been ratified by 167 parties.
Since the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons by the United
Nations Assembly in 2000, the United States has been at the forefront of developing strategies to address
the origin, process, and aftermath of human trafficking. The United States has been one of the most
influential states in urging other states to develop an adequate response to human trafficking. It has been a
pioneer in passing national and international legislation to combat human trafficking. It has taken the lead
in efforts to prevent and control human trafficking. Owing to the United States' efforts, several new
international, federal, and state legislations have been passed and the existing ones revised.
The U.S. Congress passed a federal statute, the Trafficking Victims Protection Act (TVPA), into law,
offering protections for persons who may be in the country and victims of human trafficking, in 2000:
1) to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude,
2) to reauthorize certain Federal programs to prevent violence against women, and for other purposes.9
Since the passing of Trafficking Victims Protection Act (2000), many new bills have been introduced
and passed. Here is a list and description of major human trafficking legislation in the U.S. House and U.S.
Senate 114th Congress (the legislation passed or submitted to Congress from January 2015 to January
2016).
S 178: The Justice for Victims of Trafficking Act of 2015 was passed by the U.S. Senate with a vote of
99–0 on April 22, 2015. This section expands the definition of “child abuse” under the Victims of Child
Abuse Act of 1990 to include human trafficking and the production of child pornography and “provides a
process by which an individual who is a human trafficking survivor can move to vacate any arrest or
conviction records for prostitution or any other non-violent offense committed as a direct result of human
trafficking.” It “establishes a rebuttable presumption that any arrest or conviction of an individual for an
offense associated with human trafficking is a result of being trafficked, if the individual—(I) is a person
granted nonimmigrant status pursuant to section 101(a)(15)(T)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(T)(i)); (II) is the subject of a certification by the Secretary of Health and Human
Services under section 107(b)(1)(E) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)
(1)(E)); or (III) has other similar documentation of trafficking, which has been issued by a federal
agency.”10
This legislation also imposes a special assessment (to support the Domestic Trafficking Victims Fund) in
the amount of $5,000 on individuals convicted of peonage, slavery, trafficking, sexual abuse, sexual
exploitation, and other abuses of children, transportation for illegal sexual activity, and human smuggling.
The Attorney General is authorized to award block grants to an eligible entity to develop, improve, or
expand domestic child human trafficking deterrence programs. The Attorney General, in consultation with
the Secretary of Health and Human Services, is authorized to award not more than $7,000,000 of the funds
available in the Domestic Trafficking Victims' Fund, established under section 3014 of title 18, United
States Code, for each of fiscal years 2016 through 2020. In the first fiscal year, the Inspector General will
conduct audits of recipients of a covered grant to prevent waste, fraud, and abuse of funds by grantees.11
 HR 460: The Human Trafficking Detection Act of 2015 was submitted to the Committee on Homeland
Security and Governmental Affairs on March 4, 2015. This legislation directs the Secretary of Homeland
Security (DHS) to implement a program that includes methods for identifying suspected victims and
perpetrators of human trafficking, methods for approaching a suspected victim in a manner that is sensitive
to the victim, training that is most appropriate for a particular location or environment, and a post-training
evaluation of trainees. It authorizes the secretary, upon request, to provide training curricula to assist any
state, local, or tribal government or private organization in establishing its program.12
S 166: The Stop Exploitation Through Trafficking Act of 2015 was placed on the Senate Legislative
Calendar under General Orders on March 4, 2015. This legislation amends Part Q of Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) to allow hiring of additional career
law enforcement officers so as to delegate the new hires to the National Human Trafficking Hotline
beginning in FY 2017. The Attorney General is expected to implement and maintain a National Strategy
for Combating Human Trafficking.13
HR 500: The Survivors of Human Trafficking Empowerment Act was referred to the House
Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on February 19, 2015, to
establish the United States Advisory Council on Human Trafficking, which shall provide advice and
recommendations to the Senior Policy Operating Group and the President's Task Force to Monitor and
Combat Trafficking in Persons. This legislation directs the council to meet at least annually to review
federal government policy and programs intended to combat human trafficking, formulate assessments and
recommendations to ensure that U.S. policy and programming efforts conform to the best practices in the
field of human trafficking prevention, and meet with the group at least annually to present the council's
findings and recommendations.14
HR 345: This bill “to make persons who conspire to commit, commit, or benefit from an act of human
trafficking ineligible for admission to the United States of America” was referred to the Subcommittee on
Immigration and Border Security on February 5, 2015. This legislation amends the Immigration and
Nationality Act to make an alien who commits or conspires to commit a single human trafficking offense,
or assists a trafficker, ineligible for U.S. admission. This bill makes the spouse, son, or daughter of such an
inadmissible alien also permanently inadmissible if he or she has obtained a financial or other benefit from
that alien's illicit activity, regardless of when the benefit was obtained, and knew that the benefit was the
product of such illicit activity. This bill is intended to use the fear of ineligibility to enter the United States
as deterrence.15
HR 159: The Stop Exploitation Through Trafficking Act of 2015 was passed in the House and referred
to the Senate Committee on the Judiciary on February 4, 2015. HR 159 amends the Omnibus Crime
Control and Safe Streets Act of 1968 to authorize the Attorney General to give preferential consideration in
awarding Community Oriented Police Services grants. It amends the Victims of Trafficking and Violence
Protection Act of 2000 (VTVPA) to require the Attorney General's annual report on federal agencies. It
also amends the VTVPA to require the Secretary of Health and Human Services, annually beginning in
FY2017, to make grants for a national communication system. It amends the Workforce Investment Act of
1998 to include victims of a severe form of trafficking in persons among those eligible for the Job Corps.16
HR 181: The Justice for Victims of Trafficking Act of 2015 was referred to the Senate Committee on the
Judiciary on February 7, 2015. This amends the Trafficking Victims Protection Reauthorization Act of
2005 to authorize the Attorney General to make grants to eligible entities. It also amends the Victims of
Child Abuse Act of 1990 to include human trafficking and the production of child pornography. It restricts
the use of grant funds for conferences or lobbying. It amends the Trafficking Victims Protection Act of
2000 to provide that U.S. citizens or lawful permanent residents who are victims of severe forms of
trafficking shall not be required to obtain an official certification from the Secretary of Health and Human
Services in order to access any of the specialized services or any other federal benefits and protections.17
HR 515: The International Megan's Law to Prevent Demand for Child Sex Trafficking was referred to
the Senate Committee on Foreign Relations on February 5, 2015. This directs the Secretary of Homeland
Security to establish “the Angel Watch Center” within the Child Exploitation Investigations Unit of U.S.
Immigration and Customs Enforcement. It authorizes the center to notify a destination country (including
its visa-issuing agents in the United States) of impending or current international travel of a child-sex
offender. It also encourages the president to use authorities under the Foreign Assistance Act of 1961 to
assist foreign countries in identifying sex offenders and providing and receiving notification of child sex
offender international travel. It also amends the TVPA of 2000 to include a mandate for a country's
cooperation with other governments in the investigation and prosecution of such trafficking cases.18
HR 246: This bill “to improve the response to victims of child sex trafficking” was referred to the Senate
Committee on the Judiciary on January 28, 2015. This amends the Missing Children's Assistance Act to
include among the required uses of the Office of Juvenile Justice and Delinquency Prevention's annual
grant to the National Center for Missing and Exploited Children operation of a cyber tip line to provide
online users and electronic service providers an effective means of reporting Internet-related child sexual
exploitation in the area of child sex trafficking, including child prostitution.19
HR 350: The Human Trafficking Prevention, Intervention, and Recovery Act of 2015 has been passed in
the House and referred to the Senate Committee on the Judiciary on January 28, 2015. This legislation
requires the Interagency Task Force to Monitor and Combat Trafficking to conduct a review of all cases as
well as the grant recipient agencies' efforts in combating human trafficking. It also requires the
Government Accountability Office (GAO) to report to Congress regarding federal and state law
enforcement efforts to combat human trafficking in the United States and information on each relevant
federal grant program. It also amends the Trafficking Victims Protection Act of 2000 to authorize grants
for programs that provide housing assistance to the victims of trafficking.20
HR 398: The Trafficking Awareness Training for Health Care Act of 2015 was passed in the House and
referred to the Senate Committee on Health, Education, Labor, and Pensions on January 28, 2015, to
provide for the development and dissemination of evidence-based best practices for healthcare
professionals to recognize victims of a severe form of trafficking and respond to such individuals
appropriately. Under this legislation, The Secretary of Health and Human Services, acting through the
director for the Agency of Healthcare Research and Quality, will be in charge of identifying such practices
and keeping the appropriate congressional committees informed regarding all progress.21
HR 469: The Strengthening Child Welfare Response to Trafficking Act of 2015 was passed in the House
and referred to the Senate Committee on Health, Education, Labor, and Pensions on January 28, 2015. This
amends the Child Abuse Prevention and Treatment Act to condition eligibility to receive a state grant for
child abuse or neglect prevention and treatment programs. This legislation has provisions to identify and
assess reports of child human trafficking victims, train representatives of the state, and identify services and
procedures for appropriate referral to address the needs of such children. It directs the Secretary of Health
and Human Services to report to Congress on the specific type and prevalence of severe forms of
trafficking in persons, the practices and protocols utilized by states, and any barriers in federal laws or
regulations.22
HR 468: The Enhancing Services for Runaway and Homeless Victims of Youth Trafficking Act of 2015
was passed in the House. This act was read twice and referred to the Senate Committee on the Judiciary on
January 27, 2015. This legislation amends the Runaway and Homeless Youth Act with respect to grants to
states, localities, and private entities to carry out research, evaluation, demonstration, and service projects
regarding activities designed to increase knowledge concerning human trafficking and the perils of running
away from home and to improve services for runaway youth and homeless youth. It extends the secretary's
authority to make grants to nonprofit private agencies and street-based services for the purpose of
providing street-based services to runaway youth and homeless and street youth, who have been subjected
to, or are at risk of being subjected to, sexual abuse, prostitution, or sexual exploitation.23
HR 514: The Human Trafficking Prioritization Act was passed in the House and referred to the Senate
Committee on Foreign Relations on January 27, 2015. Under this legislation, the Office to Monitor and
Combat Trafficking of the Department of State will be more effective in carrying out duties mandated by
Congress in the Trafficking Victims Protection Act of 2000, and can do so without an increase in either
personnel or budget; in doing so, the status of the Office will be changed to that of a Bureau. Efficiency
will be delegated through an Assistant Secretary that will remain in direct contact with the Secretary of
State.24
HR 61: The Securing the Assistance of Victims of Exploitation Act of 2015 (SAVE Act) was referred to
the House Subcommittee on Nutrition on January 26, 2015. Under this legislation, human trafficking has
no place in a civil society; all found engaging in human trafficking will “be prosecuted to the fullest extent
of the law.” Under this act, state and local law enforcement should acquire the tools and resources
necessary to “identify, apprehend, and prosecute the criminals” who engage in human trafficking.
“Notwithstanding any other provision of law, none of the funds made available to carry out the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) may be used in contravention of section 107(b) of Division A
of the Victims of Trafficking and Violence Protection Act of 2000 (114 Stat. 1482; 22 U.S.C. 7105(b)).”25
S 205: The Trafficking Awareness Training for Health Care Act of 2015 was referred to the Senate
Committee on Health, Education, Labor, and Pensions on January 21, 2015. The purpose of this act is to
develop and provide awareness trainings in schools to facilitate identification of human trafficking cases
and prevent victimization.26
HR 63: The CATCH Traffickers Act of 2015 was referred to the House Subcommittee on Crime,
Terrorism, Homeland Security, and Investigations on January 12, 2015. This directs the Secretary of
Homeland Security to establish and maintain a database to serve as a central location for information from
law enforcement agency investigations relating to human trafficking. This act requires the head of a law
enforcement agency to ensure that information the secretary determines to be appropriate is entered into the
database. It authorizes the Attorney General to reduce by 20 percent the amount of a grant, under the
Edward Byrne Memorial Justice Assistance Grant Program, received by a state or local government the law
enforcement agency of which does not substantially comply with such requirement. It permits law
enforcement agencies to access the database only in connection with an investigation related to human
trafficking.27
S 140: The Combat Human Trafficking Act of 2015 was referred to the Senate Committee on the
Judiciary on January 8, 2015. Under this act, the Director of the Bureau of Justice Statistics is required to
prepare an annual report on rates of arrest, prosecution, and conviction. The report will be sent to the
Committee on the Judiciary of the House of Representatives; the Committee on the Judiciary of the Senate;
the Task Force; the Senior Policy Operating Group established under section 105(g) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103(g)); and the Attorney General. The right to be informed in
a timely manner has been added to Section 3771(a) of title 18, United States Code.28
S 44: A bill to provide for the expedited processing of unaccompanied alien children illegally entering
the United States, and for other purposes was referred to the Senate Committee on the Judiciary on January
7, 2015. This bill amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of
2008 to declare that any unaccompanied alien child who has not been a victim of a severe form of
trafficking in persons or does not have a credible fear of persecution on returning to his or her country of
nationality shall be placed in removal proceedings, eligible for voluntary departure, and provided with
access to counsel. This requires mandatory Department of Homeland Security detention of a UAC
apprehended by U.S. Border Patrol or U.S. Immigration and Customs Enforcement. It also requires judges
to make a decision within 72 hours.29
HR 4383: The DHS Human Trafficking Prevention Act of 2016 was introduced to the Senate on January
13, 2016. The act requires the Secretary of Homeland Security to enhance Department of Homeland
Security coordination on how to identify and record information on individuals suspected or convicted of
human trafficking, and for other purposes.30
In the section above, we have discussed some of the most recent legislation (January 2015–January
2016) passed or processed for passing. Although this list of legislation is not exhaustive, it demonstrates
the United States' commitment and dedication in responding to the crime of human trafficking. The
legislation presented above discusses the process for addressing trafficking in persons and provides
guidance on resources and legal recourse for law enforcement, society, and the victims. There were a total
of 111 bills introduced in 2015–2016 in the U.S. Congress related to the subject human trafficking. A list of
these bills is presented at the end of the book in Appendix 1.
The next section reviews the challenges in identification of trafficking victims given the nature and
definition of human trafficking as well as lack of awareness and general perceptions held by the public and
service providers. This section deliberates difficulties in distinguishing normal activity from trafficking
incidents and ascertaining the veracity of the incident so as to respond adequately.

Challenges in Identification of Trafficking Victims

Human trafficking is a complex crime, in the sense that victims are part of the general public and are
subjected to labor and sexual exploitation, servitude, debt bondage, and child-soldiering worldwide. They
are typically in plain sight while performing jobs in the assigned areas. Since victims become part of the
economic and environmental landscape of the location they are exploited in, detection and identification
become extremely difficult—if not impossible. It is diverse, complex, and so much a part of the routine
activities of the general public, that it becomes difficult to detect and ascertain whether the individual is an
employee or victim. Almost all of us, albeit inadvertently, participate in allowing it to perpetuate.
Sometimes the victims may be kept behind locked doors, but often they are right in front of us performing
their assigned jobs and providing services—however, they remain hidden, as we fail to recognize them
because of our ignorance. For example, construction sites, restaurants, elder care centers, nail salons,
agricultural fields, and hotels—just to name a few places—are full of such people, where we see and meet
these victims but do not recognize them as such.
Victims of trafficking rarely come forward to seek help on their own, because of the fear of being caught
and punished by the trafficker, or punished by the authorities, or deported, or sent home, and in some cases
because of a language barrier.31 Traffickers use force, fraud, or coercion to lure their victims and force
them into labor or commercial sexual exploitation. They look for people who are susceptible for a variety
of reasons, including psychological or emotional vulnerability, economic hardship, lack of a social safety
net, natural disasters, or political instability. Trauma caused by traffickers can be so great that many may
not identify themselves as victims or ask for help, even in highly public settings.32 Traffickers' use of
coercion—such as threats of deportation and harm to the victim or their family members—is so powerful
that even when service providers offer help to rescue the victims, they are often too fearful to accept any
help.33 Some research demonstrates that victims may wish to remain in the country to which they have
been trafficked and be exploited rather than return to their previous existence, in the absence of a viable
economic alternative.34 Illegal immigrants who are victims of trafficking may be reluctant to contact the
authorities because of their lack of legal status, and when offered help may not accept support or
accommodation when this requires involvement with any authorities. They may not trust police because of
previous experiences.35 Some studies report that the law enforcement and service providers who have
worked with trafficking victims relate that traffickers often tell victims that they are to blame for their
lifestyle and the choices they made. They are made to believe that they are criminals who violated state
laws and that they will be arrested and deported (in the case of immigrants) or sent home (in case of
domestic victims) if caught. They are also told that their safety and well-being is dependent on their
compliance with traffickers' demands and the traffickers are their only saviors. Many victims, due to their
past and current experiences, believe stories told by the traffickers and are convinced that the traffickers are
the only people who care for them and are able to help them—making it harder to approach and help them.
 In some cases, victims are isolated, however, even when they are not isolated, their movements, actions,
and interactions are monitored and controlled. They are denied any and all contact with the outside world.
Traffickers control and monitor who they can talk and associate with. Generally, in the case of labor
trafficking, their points of contact are the traffickers and other victims, and in the case of sex trafficking,
the johns. Victims become dependent on the trafficker and start accepting their life as the normal way of
life and survival. They may not even consider themselves to be victims—making it more difficult to
approach them, identify them, and offer help.36 They are made to believe that law enforcement officers are
out there looking for them to prosecute them and return them to their homes. They are also told that service
providers and law enforcement cannot be trusted as they are in cahoots and working together to identify
and prosecute them.37 The traffickers use victims' fear as a mechanism to control and manipulate them.
Coupled with this psychological control are the threats from traffickers to harm the victims and their
families if they try to divulge their situations to anyone.38 They are also made to feel ashamed of
themselves and the dishonor and shame they have brought to the family for their involvement is shameful
activities—such as running away or engaging in sex, prostitution, and other deviant activities.39
In addition to the subtle nature of the crime, the lack of awareness of the crime of human trafficking and
misperceptions about who the victims are and where it happens compound the problem. Consequently,
even when the victims are visible, the general public does not recognize them. The misperception that
human trafficking does not exist in the United States and definitely not in their communities further hinders
public understanding of the problem and recognizing its existence.40 The misperception that people are not
forced but rather they freely choose to work in certain professions and therefore are not victims but
employees creates further confusion in differentiating between an unhappy, discontented employee and a
trafficking victim.41
Not only the general public, but, in many instances, law enforcement and service providers are also
affected by similar misperceptions and stereotypes. Many still believe victims are young women and
children brought illegally into the United States to work as prostitutes. The idea that human trafficking can
occur domestically and to a United States citizens and not only in the sex industry, but in all types of
industries, still seems implausible to the general public as well as to many service providers or law
enforcement officers. The fact that the prostitution of U.S. minors likely constitutes human trafficking is a
difficult concept to understand for not only the general public but also for many service providers or even
law enforcement officers. When accosted, victims are often seen and treated as criminals, not victims.
Selective reporting of human trafficking crimes in the news media causes confusion and is responsible,
to some extent, for the confusion and lack of a comprehensive understanding of the crime of human
trafficking and its victims. Specifically, the lack of reporting on domestic victims (e.g., U.S. citizens or
legal permanent residents), male victims, and labor trafficking (especially single victim domestic servitude
cases) contributes significantly to the misconceptions surrounding this crime.
There are some other reasons why victims who come in contact with law enforcement, shelter providers,
and others who may be able to help them often go unidentified. The first and foremost reason for such a
state is that in many cases, victims do not see themselves as victims. Many victims—both international and
domestic—do not believe that they are being victimized, rather they see their treatment as a way of life.42
In some cases, lack of education and understanding of human trafficking and their lack of awareness of
their rights as a victim may create such an impression and in other cases, it may be the culture and
environment that makes them accept their lifestyle as a way of life and not exploitation—despite education
and understanding level.43
In some cases, victims do not report or believe that they are victims, or are unwilling to leave the
situation because they have come to depend on their traffickers and view traffickers as their protectors or in
some cases, boyfriends. Service providers equate this to Stockholm Syndrome experienced by prisoners of
war. Graham & Wish, (1994) reported that victims of human trafficking, specifically young girls, may
display symptoms of Stockholm Syndrome more often.44 Other researchers reported that the victim begins
to identify with the victimizer as a means of emotional and physical survival.45 In such cases, the victims
do not believe that they are victims. They actually start bonding with the traffickers and feel a connection
with their traffickers and any interactions with service providers, law enforcement, or others trying to
convince them that they are victims and need to be rescued are not only ineffective but can also backfire.
This is more so in the case of domestic minor victims of sex trafficking.46
Another challenge in identifying and rescuing victims is the fact that many a time victims are perceived
and treated as offenders. For example, often victims of sexual exploitation are arrested as prostitutes and
charged with solicitation and placed in jail or detention. Others, including domestic and undocumented, or
illegal, immigrants being exploited for labor, are treated as criminals and subjected to deportation. Such a
treatment by the authorities further deteriorates the victims' confidence in the authorities and service
providers—reinforcing the fear that traffickers instill in the minds of the victims—“that they will be treated
as criminals if they come to the attention of authorities.” Such perceptions and treatment also convince the
victims that they are responsible for their actions and the only well-wishers are the traffickers—boosting
the power and control of traffickers over their victims.47

Trainings/Strategies for Identification of

Victims and Offenders
Despite the covert nature of the crime and deceitful and cunning strategies used by the traffickers to keep
the crime hidden, it is inevitable that communities will encounter victims when they are working in
different industries. The fact that the victims are exploited to provide services for sex and labor, means that
they are generally visible in all routine places carrying out routine activities. For example, people being
exploited in the sex industry run a high risk of injuries similar to the victims of domestic violence and rape.
They frequently contract sexually transmitted infections or become pregnant. Victims of labor trafficking
experience injuries on the job, physical abuse by their traffickers, and experience health issues caused by
poor nutrition and hygiene (e.g., dental problems, diabetes, etc.). Thus, indisputably, law enforcement,
people working at domestic violence shelters, runaway home shelters and similar institutions, and health
service providers will encounter these victims, though may not realize it or recognize them. Thus, the
challenge is not discovering where these victims are hidden but having the ability and awareness to
recognize and identify them.
So, the first strategy should be to provide trainings to the people who may encounter them at the first
point of entry into the system. By virtue of their jobs and the services they provide, immigration and airport
personnel, bus and railway staff, law enforcement officers, health service providers—nurses and physicians
and other support staff, health/dental clinic workers and emergency room personnel—are more likely to
come in contact with the potential victims.
These personnel should be educated and provided training in picking up the cues and identifying the
victims. They can serve as sources of victim referrals. Individuals providing services at the domestic
violence and sexual assault shelters, crisis hotlines, social workers, community- and faith-based
organizations, religious/community leaders, Good Samaritans/citizens, school personnel (e.g., vice
principals, guidance counselors, teachers), business owners (e.g., of markets, beauty salons), postal
workers, and inspectors (e.g., wage and hourly, housing, liquor license)—all have the potential of coming
into contact with victims at some point during their routine work day. These service providers without
training interact with the victims without having any suspicion that the person they just served was a victim
of trafficking. Thus, a great opportunity of intervention is lost. The first step should be to educate and train
those service providers and individuals who have the potential of being the first point of contact with the
victim. The training should be customized to prepare the staff of each agency to identify and refer the
victims to the relevant service providers and authorities who can rescue the victims and apprehend the
traffickers.
Victims of trafficking in persons may simultaneously be victims of other crimes such as kidnapping,
prostitution, assault, domestic violence, and even murder. So, sometimes law enforcement officers may
come across victims of trafficking while they are processing another one of the crimes listed. Trainings
should educate and enable law enforcement officers to recognize the concomitant crimes. Trained officers
will be able to determine and distinguish one from the other. Currently task forces, such as Innocence Lost,
Internet Crimes Against Children, and Anti-Trafficking Task Forces, assist and facilitate officers to identify
cases. Special units should be trained so that they can focus on trafficking within police departments to
assist in the identification and referral of cases and victims.

Awareness and Educational Campaigns

The awareness and educational campaigns raise awareness and educate about the incidence and
prevalence of human trafficking in communities. Raising awareness and educating law enforcement and
service providers is not the same as training them to identify, rescue, and refer them to appropriate
agencies. Such campaigns are very different from trainings. Trainings are intense process related
workshops that prepare, guide, and provide the officers with sufficient tools to identify and rescue the
victims. Trainings should be customized to the level of skills needed by varied individuals in their
customized roles.48

Task Forces
In addition to educating and preparing the general public to be on the lookout, spot, and identify victims
and/or suspicious activity, multidisciplinary teams, task forces, and/or coalitions have been established. By
2006, the Federal Bureau of Investigation (FBI) had established 14 task forces in cities with the most
reports of prostituted youth. Currently there are task forces in many cities. These task forces play a
significant role in raising general awareness and preparing service providers to identify and train to
eradicate human trafficking from their communities.
Task forces can serve as central resources for those engaged in community organizations and can serve
as means of facilitating communication, coordination, and information sharing across agencies working on
a case. Task forces assist in putting policies, procedures, and protocols in place to overcome some of the
system barriers inherent in working across agencies and jurisdictions. These task forces are effective means
of couching human trafficking issues in community context and presenting them as a priority to be
addressed.49 The Bureau of Justice Assistance has funded 42 Human Trafficking Task Forces to
synchronize federal, state, and local law enforcement authorities, government agencies, and
nongovernmental victim-service providers in a multidisciplinary approach. The objective of these task
forces is to identify human trafficking crimes, assist human trafficking victims, and prosecute human
trafficking cases.50

Warning Signs of Trafficking and Plans

Traffickers employ sleek tactics to avoid raising suspicion about their crime and to keep victims
enslaved. Notwithstanding the sinister and surreptitious nature of trafficking, victims inevitably come in the
public view, although it may be difficult to recognize and identify them. The very nature of trafficking
forces victims to be part of the working people. Victims are found in a variety of sectors and industries,
including domestic servitude, agriculture, construction, elder care, hospitality, restaurant and food services,
janitorial and cleaning services, manufacturing, door-to-door sales, and beauty services. Victims of labor
trafficking include adults, minors, men, women, foreign nationals, and U.S. citizens. Lack of awareness
makes it difficult to recognize victims.
Traffickers rarely tell their victims where they are located, being taken, or even what job they will have.
Often victims don't have the means to get home or pay for things like food; they have to rely on traffickers
in order to get by, forcing them to comply with the traffickers' demands and stay in their situations. They
always seem in a hurry, nervous, and looking over their shoulders. They also seem afraid of losing their job
and being deported or being sent home, if they contact the authorities and cooperate with the authorities.51
In some cases, they may get injured at the workplace or may fall sick. In such cases, they may require
medical care at hospitals and domestic violence shelters. Since they seek relationships with people of the
same religious, ethnic, and cultural groups, they may attend places of worship and go to community
centers. Knowing the contexts and situations in which the victims are often trapped helps educate the
public and service providers about what clues to look for and identify. Understanding the warning signs
and cues can help prepare customized training for the law enforcement officers, airline staff, and other
service providers. Based on the existing literature, some of the cues that may indicate the presence of
suspicious activity and possible human trafficking are discussed here.
A trafficked person may seem disoriented, nervous, and confused. The victims may not speak or
understand English or may just be extraordinarily quiet and unresponsive. Often they are constantly
watched and their activities are monitored, so they may seem nervous and concerned. The victims may not
have any identification or may be unwilling to show it. They may appear malnourished and may have
visible injuries and signs of physical abuse. They may exhibit anxiety at the sight of any police officer or
security guard. They may not know or refuse to tell their address, who lives with them, or where they work.
Research also indicates that traffickers brand their victims using tattoos with different names, signs, or
barcodes.
To accommodate the demand for their services, victims are often transported from one place to another.
They may use public transportation for land and air travel. In such places, the cues to look for the
suspicious activity include their demeanor, dress, and activities during travel. They often are unaware or
refuse to provide details of their departure location, destination, or flight information. They may be
travelling either with too much luggage or too few personal items. Their movements are often monitored
and they are under a close watch during their travel to ensure that the victim does not escape, or reach out
to authorities for help, so they may be looking around all the time.
Health professionals may come across victims of trafficking when they seek medical care. The
physicians, nurses, and support staff should watch for cues that may indicate that the injuries are the result
of victimization and not accident. The clues, such as patients not wanting to identify themselves, not
presenting any identification documents or money, not knowing the name of the city and hospital they are
in, or not having any home address, should raise suspicion and should be paid attention to. The health
professionals are in a unique position to identify and alert the service providers to come and rescue the
victims.
Traffickers often use fear and intimidation to control their victims. Often traffickers coach their victims
not to speak with anyone and if they have to speak then they are allowed only certain responses to avoid
suspicion. So, even when the victims interact with anyone, their communication seems rehearsed and
scripted. The signs to look for are the scripted or inconsistent responses. In the case of trafficked children
for sexual exploitation, they seem to be under the influence of drugs or alcohol. They may also seem
sleepy, tired, malnourished, and actually exhibit some signs of physical or sexual abuse, such as bruises,
scars, or cigarette burns.
Some of the agencies offer programs to educate and train their staff and personnel. For example, Airline
Ambassadors International offers a human trafficking awareness program to educate airport staff about the
problem. Polaris runs programs to combat and prevent modern-day slavery and human trafficking. Free the
Slaves campaigns against modern slavery around the world. International Justice Mission offers services
and programs to protect the poor from violence in the developing world. More detailed and comprehensive
information locating the services and other useful information in identifying and combating trafficking in
persons can be found at www.traffickingresourcecenter.org. The National Human Trafficking Resource
Center (NHTRC) provides services for tracking victims too.52
Carefully observing children's behavior can also provide general indicators and signs of a child being
victimized. For example, if the child is being secretive about his/her activities and exhibits signs of
physical/sexual assault (including STD's), low self-esteem, signs of embarrassment and shame, and an
eating disorder, then it is important to pay more attention to the child and identify the causes of such
behavior. If the child is experimenting with drugs/alcohol and generally associates with older people and
has relationships with significantly older people, then that may be an indication that the child is being
exploited.
Many times, young children are recruited and forced/deceived into conducting some form of criminal
activity such as selling and delivering drugs, pick pocketing, begging, cannabis cultivation, and benefit
fraud. Another place where victims can be found are residential places and homes where they work as
nannies, au pairs, house servants, butlers, cooks, and perform other related work in the homes. They work
long hours in horrendous working conditions. The signs that may indicate exploitation include living and
working for a family in a private home, having no private space or even bedroom or proper sleeping place,
working long hours 7 days a week, being “on call” 24 hours a day, and high security measures entering the
home/place they work. They always look and seem fearful, anxious, depressed, submissive, tense, or
nervous. When asked about their residence, they often claim that they are just visiting and are unable to
clarify where they are staying or what is their permanent address.
Table 1 provides some cues/indicators to look for to determine that someone is the victim of trafficking.
It also provides some advice on what to do, if someone has suspected or identified a victim of human
trafficking.

Arrest and Prosecution of Traffickers

During the period of 2001–2007, after the TVPA came into effect, the government has successfully
prosecuted human trafficking crimes in agricultural fields, sweatshops, suburban mansions, brothels, escort
services, bars, and strip clubs. In 2007, the Human Trafficking Prosecution Unit (HTPU) within the
Criminal Section of the Department of Justice was created by the Civil Rights Division. The HTPU
consolidates the expertise of some of the nation's top human trafficking prosecutors. HTPU prosecutors
work closely with Assistant United States Attorneys (AU.S.As) and law enforcement agencies to
streamline fast-moving trafficking investigations to ensure consistent application of trafficking statutes and
identify multijurisdictional trafficking networks. Human trafficking crimes, like other civil rights crimes,
require notification to the Criminal Section pursuant to §§8-3.120 and 8-3.140 of the United States
Attorneys' Manual (Department of Justice, Human Trafficking Prosecution Unit, 2015). Early notification
of any case with potential human trafficking indicators allows the HTPU to provide timely victim
assistance resources, legal guidance, and coordination between districts prosecuting overlapping criminal
networks.53
Despite these federal and state laws there are only a few successful prosecutions. According to the
Attorney General's Report (2016), there have been 1,876 suspects prosecuted for federal human trafficking
offenses and roughly 450 suspects prosecuted for state-level human trafficking crimes since the passage of
the TVPA in 2000 (Bouche, et al., 2016). According to the HTPU (2015), the numbers of trafficking
investigations and prosecutions and sustained dedication to combating human trafficking have increased
dramatically due to the enhanced criminal statutes, victim-protection provisions, and public awareness
programs introduced by the Trafficking Victims Protection Act of 2000.54
Following the model of the TVPA, and creation of HTPU, as of 2015, all fifty states have also passed
laws criminalizing acts of human trafficking, resulting in the enhanced penalties for perpetrators and better
and more protections for victims.55 Many states have created task forces to assist the law enforcement and
service providers in locating and identifying human trafficking crimes at the community level. The TVPA
clearly establishes that some of its main purposes are to prosecute and punish human traffickers, protect the
identified human trafficking victims, and prevent human trafficking.

Table 1: Cues/Indicators That Someone Is the Victim of Trafficking

 Here is the actual excerpt from the TVPA (2000):

... to combat trafficking in persons, a contemporary manifestation of slavery whose victims are
predominantly women and children, to ensure just and effective punishment of traffickers, and to
protect their victims.

The inter-agency Anti-Trafficking Coordination Team Initiative has been formulated by coordinating
efforts of Immigration and Customs Enforcement (ICE), the Office of Homeland Security Investigations,
the Federal Bureau of Investigation (FBI), and the Department of Labor. These partnerships have proven
effective. For example, a domestic servitude conviction that resulted in payment of $80,000 in restitution to
two Filipina victims in Kansas City, Missouri, and in another case, ten defendants were indicted and
charged in a combined forced labor and sex trafficking scheme in El Paso, Texas. In 2015, labor traffickers
who exploited victims in restaurants, bars, and cantinas on Long Island, New York, and in massage parlors
in Chicago, Illinois, were identified, prosecuted, and convicted. In Seattle, a couple who held a young
Micronesian woman in domestic servitude was convicted. Another trafficker who held two young Nigerian
women in domestic servitude in Georgia was convicted and sentenced to 14 months in federal facility.56
Other cases include indictment of labor traffickers who exploited Vietnamese victims in bridal shops in
Arizona. The coordinated efforts of the inter-agency initiative have dismantled organized criminal
networks that held Dominican, Filipino, and Jamaican workers in forced labor on cleaning crews.
Conclusion
Despite the challenges encountered in the identification of victims and prosecution of offenders, the
criminal justice system's response to the crime of trafficking in persons is commendable and the efforts of
law enforcement and service providers across the country to “rescue and restore” victims have resulted in
several promising strategies and practices to address these challenges. With a legal and uniform definition
of the crime and its victims, identifying victims is a little easier, though not without challenges. The hidden
nature of the crime, the lack of awareness and understanding of human trafficking among the general
public and organizations coming in contact with victims, misperceptions of who is a victim, and limited
resources to devote to the investigation and identification of these cases are significant challenges that still
need to be overcome. Administration of well-designed and delivered training and education, targeted
outreach, and use of task forces, coalitions, and/or other multidisciplinary teams that are working together
to combat this crime are some of the successful measures adopted to combat the crime of trafficking in
persons. Despite enormous successes in prosecuting many of the traffickers and rescuing and restoring
many victims, a great deal still needs to be done as trafficking in humans perpetuates.
The Department of Justice and the Department of State suggest 15 ways a person can help fight human
trafficking. These are presented in Table 2 below.

Table 2: 15 Ways You Can Help Fight Human Trafficking

Chapter Review
In this chapter, we have discussed the complex history and current status of criminal justice responses to
trafficking in persons and anti-trafficking legislation in the U.S. as well in the other parts of the world. This
chapter examined some of the legal issues related to human trafficking and the criminal justice response to
trafficking. It reviewed trafficking in persons' legislation and discussed the United States' legal response in
confronting the crime of trafficking in persons. Then, the chapter reviewed the development of strategies,
including trainings provided to the law enforcement officers, educational and awareness trainings, and
campaigns for identification of victims and offenders. The chapter discussed warning signs of trafficking
and criminal justice endeavors to control and prevent trafficking. It also presented information on the
recommended processes for the arrest, prosecution, and punishment of the traffickers.
This chapter expanded the discussions on historical and global perspectives on human trafficking started
in Chapters 2 and 6. In essence, we discussed the following:
The Criminal Justice Response to Trafficking in Persons

The United States and Human Trafficking Legislation

Challenges in Identification of Trafficking Victims
Trainings/Strategies for Identification of Victims and Offenders
Awareness and Educational Campaigns
Task Forces
Warning Signs of Trafficking and Plans
Arrest and Prosecution of the Traffickers
Discussion Questions
1) List the name of the federal statute that was passed in 2000.
2) What is the purpose of the Trafficking Victims Protection Act?
3) Discuss at least three challenges in identifying victims of trafficking in persons. Give
examples.
4) What are the warning signs that indicate that a person may be a victim of trafficking?
5) How does law enforcement address the problem of trafficking in persons? Give two
examples.
6) Identify two of the most recent pieces of legislation that have been passed or processed for
passing by the United States Congress between January 2015 and January 2016.
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138–149.
Bruch, E. M. (2004). Models wanted: The search for an effective response to human trafficking. Stan. J.
Int'l L., 40, 1.
Capous Desyllas, M. (2007). Critique of the Global Trafficking Discourse and U.S. Policy, A. J. Soc. &
Soc. Welfare, 34, 57.
Chacón, J. M. (2010). Tensions and trade-offs: Protecting trafficking victims in the era of immigration
enforcement. University of Pennsylvania Law Review, 158(6), 1609–1653.
Chuang, J. A. (2010). Rescuing trafficking from ideological capture: prostitution reform and anti-
trafficking law and policy. University of Pennsylvania Law Review, 158(6), 1655–1728.
David, F. (2007). ASEAN and trafficking in persons: Using data as a tool to combat trafficking in
persons. International Organization for Migration.
David, F. M. (2007). Law enforcement responses to trafficking in persons: challenges and emerging
good practice. Trends and issues in crime and criminal justice, 347.
Demleitner, N. V. (2001). 10.... The Law at a Crossroads: The Construction of Migrant Women
Trafficked into Prostitution. Global human smuggling: Comparative perspectives, 257.
Feingold, D. A. (2010). Trafficking in numbers: The social construction of human trafficking data. Sex,
drugs and body counts: The politics of numbers in global crime and conflict, 46–74.
Friesendorf, C. (2007). Pathologies of security governance: Efforts against human trafficking in Europe.
Security Dialogue, 38(3), 379–402.
Gallagher, A., & Holmes, P. (2008). Developing an effective criminal justice response to human
trafficking lessons from the front line. International criminal justice review, 18(3), 318–343.
Gallagher, A. T. (2011). Improving the effectiveness of the international law of human trafficking: A
vision for the future of the U.S. Trafficking in Persons reports. Human Rights Review, 12(3), 381–400.
Halley, J., Kotiswaran, P., Shamir, H., & Thomas, C. (2006). From the international to the local in
feminist legal responses to rape, prostitution/sex work, and sex trafficking: Four studies in
contemporary governance feminism. Harv. JL & Gender, 29, 335.
Haynes, D. F. (2004). Used, abused, arrested and deported: Extending immigration benefits to protect
the victims of trafficking and to secure the prosecution of traffickers. Human Rights Quarterly, 26(2),
221–272.
Heiges, M. (2009). From the Inside Out: Reforming State and Local Prostitution Enforcement to
Combat Sex Trafficking in the United States and Abroad. Minn. L. Rev., 94, 428.
Herzog, S. (2008). The lenient social and legal response to trafficking in women: An empirical analysis
of public perceptions in Israel. Journal of Contemporary Criminal Justice.
Hodge, D. R., & Lietz, C. A. (2007). The international sexual trafficking of women and children a
review of the literature. Affilia, 22(2), 163–174.
Hoyle, C., Bosworth, M., & Dempsey, M. (2011). Labelling the victims of sex trafficking: Exploring the
borderland between rhetoric and reality. Social & Legal Studies, 20(3), 313–329.
Jahic, G., & Finckenauer, J. O. (2005). Representations and misrepresentations of human trafficking.
Trends in Organized Crime, 8(3), 24–40.
Jordan, A. D. (2002). Human rights or wrongs? The struggle for a rights-based response to trafficking in
human beings. Gender & Development, 10(1), 28–37.
Kapur, R. (2005). Cross Border Movements and the Law. Trafficking and Prostitution Reconsidered–
new perspectives on migration, sex work and human rights, 25–41.
Kelly, L. (2005). “You can find anything you want”: A critical reflection on research on trafficking in
persons within and into Europe. International Migration, 43(1 2), 235–265.
Mattar, M. Y. (2002). Trafficking in persons, especially women and children, in countries of the Middle
East: the scope of the problem and the appropriate legislative responses. Fordham Int'l LJ, 26, 721.
McClain, N. M., & Garrity, S. E. (2011). Sex trafficking and the exploitation of adolescents. Journal of
Obstetric, Gynecologic, & Neonatal Nursing, 40(2), 243–252.
Munro, V. E. (2006). Stopping traffic? A comparative study of responses to the trafficking in women for
prostitution. British Journal of Criminology, 46(2), 318–333.
Munro, V. E. (2008). Of rights and rhetoric: Discourses of degradation and exploitation in the context of
sex trafficking. Journal of Law and Society, 35(2), 240–264.
Reid, J. A. (2010). Doors wide shut: Barriers to the successful delivery of victim services for
domestically trafficked minors in a southern U.S. metropolitan area. Women & Criminal Justice,
20(1–2), 147–166.
Schauer, E. J., & Wheaton, E. M. (2006). Sex trafficking into the United States: A literature review.
Criminal Justice Review, 31(2), 146–169.
Siskin, A., & Wyler, L. S. (2012). Trafficking in persons: U.S. policy and issues for congress.
Congressional Research Service.
Stolz, B. (2005). Educating policymakers and setting the criminal justice policymaking agenda Interest
groups and the ‘Victims of Trafficking and Violence Act of 2000’. Criminal Justice, 5(4), 407–430.
Stolz, Barbara Ann (2007). Interpreting the U.S. human trafficking debate through the lens of symbolic
politics. Law & Policy, 29(3), 311–338.
Surtees, R. (2008). Traffickers and trafficking in Southern and Eastern Europe considering the other side
of human trafficking. European Journal of Criminology, 5(1), 39–68.
Wilson, J. M., & Dalton, E. (2008). Human Trafficking in the Heartland Variation in Law Enforcement
Awareness and Response. Journal of Contemporary Criminal Justice, 24(3), 296–313.
Winterdyk, J., & Reichel, P. (2010). Introduction to Special Issue: Human Trafficking Issues and
Perspectives. European Journal of Criminology, 7(1), 5–10.
Zhang, S. X. (2009). Beyond the ‘Natasha's story’—a review and critique of current research on sex
trafficking. Global crime, 10(3), 178–195.

Table 3: Selected Cases Investigated by Department of

Justice (FBI) between 2013—2015
Notes
1. UN General Assembly. (2000). Protocol to prevent, suppress and punish trafficking in persons,
especially women and children. Supplement to the United Nations convention against transnational
organized crime. Resolution 55, 25.
2. Miller, E. (2015, January 27). Man sentenced to 15 years for role in 1990s sex-trafficking ring.
Miami Sun Sentinel. http://www.sun-sentinel.com/local/palm-beach/fl-palm-beach-sex-trafficking-
20150126-story.html.
3. Fried, J. P. (1998, December 2). Mastermind of Golden Venture smuggling ship gets 20 years. The
New York Times. http://www.nytimes.com/1998/12/02/nyregion/mastermind-of-golden-venture-
smuggling-ship-gets-20-years.html?_r=0.
4. U.S. Department of Justice, U.S. Attorney's Office, Northern District of Florida. (2015, October
30). Nine charged in interstate human trafficking conspiracy. https://www.fbi.gov/contact-us/field-
offices/jacksonville/news/press-releases/nine-charged-in-interstate-human-trafficking-conspiracy.
5. United Nations Global Initiative to Fight Human Trafficking. www.ungift.org/.
6. International Labor Organization. (2014). Profits and Poverty: The economics of forced labour.
http:// http://www.ilo.org/wcmsp5/groups/public/—ed_norm/—
declaration/documents/publication/wcms_243391.pdf.
7. Kara, S. (2009). Sex trafficking: Inside the business of modern slavery. Columbia University Press.
8. United Nations Secretariat. (2005). United Nations Convention Against Transnational Organized
Crime and the Protocols Thereto.
9. Trafficking Victims Protection Act (TVPA). (2000). Pub. L. No. 106-386, 114 Stat. 1473.
10. S.178—Justice for Victims of Trafficking Act of 2015. 114th Congress (2015–2016).
11. H.R.296—Justice for Victims of Trafficking Act of 2015. 114th Congress (2015–2016).
12. H.R.460—Human Trafficking Detection Act of 2015. 14th Congress (2015–2016).
13. S.166—Stop Exploitation Through Trafficking Act of 2015. 114th Congress (2015–2016).
14. H.R.500—Survivors of Human Trafficking Empowerment Act. 114th Congress (2015–2016).
15. H. Rept. 109-345—Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005.
109th Congress (2005–2006).
16. H.R.159—Stop Exploitation Through Trafficking Act of 2015. 114th Congress (2015–2016).
17. H.R.181—Justice for Victims of Trafficking Act of 2015. 114th Congress (2015–2016).
18. H.R.515—International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes
Through Advanced Notification of Traveling Sex Offenders. 114th Congress (2015–2016).
19. H.R.246—To improve the response to victims of child sex trafficking. 114th Congress (2015–
2016).
20. H.R.350—Human Trafficking Prevention, Intervention, and Recovery Act of 2015. 114th
Congress (2015–2016).
21. H.R.398—Trafficking Awareness Training for Health Care Act of 2015. 114th Congress (2015–
2016).
22. H.R.469—Strengthening Child Welfare Response to Trafficking Act of 2015. 114th Congress
(2015–2016).
23. H.R.468—Enhancing Services for Runaway and Homeless Victims of Youth Trafficking Act of
2015. 114th Congress (2015–2016).
24. H.R.514—Human Trafficking Prioritization Act. 114th Congress (2015–2016).
25. H.R.61—Securing the Assistance of Victims of Exploitation Act of 2015 (SAVE Act). 114th
Congress (2015–2016).
26. S.205—Trafficking Awareness Training for Health Care Act of 2015. 114th Congress (2015–
2016).
27. H.R.63—CATCH Traffickers Act of 2015. 114th Congress (2015–2016).
28. S.140—Combat Human Trafficking Act of 2015. 114th Congress (2015–2016).
29. S.44—A bill to provide for the expedited processing of unaccompanied alien children illegally
entering the United States, and for other purposes. 114th Congress (2015–2016).
30. H.R.4383—DHS Human Trafficking Prevention Act of 2016. 114th Congress (2015–2016).
31. Lebov, K. (2010). Human trafficking in Scotland. European Journal of Criminology, 7(1), 77–93.
32. This endnote has two references:
1) U.S. Department of Homeland Security. (2015). Identify and Assist a Trafficking Victim.
https://www.state.gov/j/tip/id/.
2) Lebov, K. (2010). Human trafficking in Scotland. European Journal of Criminology, 7(1),
77–93.
33. U.S. Department of State. (2015). Identify and Assist a Trafficking Victim.
https://www.state.gov/j/tip/id/.
34. Surtees, R. (2008). Traffickers and trafficking in Southern and Eastern Europe: Considering the
other side of human trafficking. European Journal of Criminology, 5(1), 39–68.
35. Stephen-Smith, S. (2008). Routes in, routes out: Quantifying the gendered experience of
trafficking to the UK. London: POPPY Project, Eaves Housing.
36. Jackson, K., J. Jeffery, & G. Adamson. (2010, August). Setting the record: The trafficking of
migrant women in the England and Wales off-street prostitution sector. ACPO.
37. Clawson, H. J., N. Dutch, A. Solomon, & L. Goldblatt Grace. (2009). Human trafficking into and
within the United States: A review of the literature. Washington, DC: Office of the Assistant Secretary
for Planning and Evaluation, U.S. Department of Human and Health Services.
38. Lazăr, I. (2002). Different forms of compensation available for damages caused to the victims of
human trafficking. Official Journal L, 203, 1–4.
39. The U.S. Department of Health and Human Services. (2015). Identify and Assist a Trafficking
Victim. https://www.state.gov/j/tip/id/.
40. Leman, J., & S. Janssens. (2008). The Albanian and post-Soviet business of trafficking women for
prostitution: Structural developments and financial modus operandi. European Journal of Criminology,
5(4), 433–451.
41. This endnote has two references:
1) Coghlan, D., & G. Wylie. Defining trafficking/denying justice? Forced labour in Ireland and
the consequences of trafficking discourse. Journal of Ethnic and Migration Studies, 37(9),
1513–1526.
2) International Labor Office (ILO). (2014). Profits and poverty: The economics of forced labor.
42. Lebov, K. (2010). Human trafficking in Scotland. European Journal of Criminology, 7(1), 77–93.
43. Surtees, R. (2008). Traffickers and trafficking in Southern and Eastern Europe: Considering the
other side of human trafficking. European Journal of Criminology, 5(1), 39–68.
44. Graham, N., & E. D. Wish. (1994). Drug use among female arrestees: Onset, patterns, and
relationships to prostitution. Journal of Drug Issues, 24(2), 315–329.
45. Raphael, J. (2015). Listening to Olivia: Violence, poverty, and prostitution. Northeastern
University Press.
46. Friedman, S. A. (2005). Who is there to help Us?: How the system fails sexually exploited girls in
the United States: Examples from four American cities. ECPAT-U.S.A, Incorporated.
47. U.S. Department of Health and Human Services. (2015). Identify and Assist a Trafficking Victim.
https://www.state.gov/j/tip/id/.
48. Clawson, H. J., N. Dutch, A. Solomon, & L. Goldblatt Grace. (2009). Human trafficking into and
within the United States: A review of the literature. Washington, DC: Office of the Assistant Secretary
for Planning and Evaluation, U.S. Department of Human and Health Services.
49. Clawson, H. J., N. Dutch, A. Solomon, & L. Goldblatt Grace. (2009). Human trafficking into and
within the United States: A review of the literature. Washington, DC: Office of the Assistant Secretary
for Planning and Evaluation, U.S. Department of Human and Health Services.
50. U.S. Department of Justice. (2015). Identify and Assist a Trafficking Victim.
https://www.state.gov/j/tip/id/.
51. Faraday, F. (2012). Made in Canada: How the law constructs migrant workers' insecurity. Metcalf
Foundation.
52. www.traffickingresourcecenter.org.
53. “In 2007, the Civil Rights Division created the Human Trafficking Prosecution Unit (HTPU)
within the Criminal Section to consolidate the expertise of some of the nation's top human trafficking
prosecutors. HTPU prosecutors work closely with Assistant United States Attorneys (AU.S.As) and law
enforcement agencies to streamline fast-moving trafficking investigations, ensure consistent application
of trafficking statutes, and identify multijurisdictional trafficking networks. Human trafficking crimes,
like other civil rights crimes, require notification to the Criminal Section pursuant to §§8-3.120 and 8-
3.140 of the United States Attorneys' Manual. Early notification of any case with potential human
trafficking angles allows the HTPU to provide victim assistance resources, legal guidance, and
coordination between districts prosecuting overlapping criminal networks on a timely basis.”
https://www.justice.gov/crt/human-trafficking-prosecution-unit-htpu.
54. Bouche, V., A. Farrell, & D. Wittmer. (2016). Identifying effective counter-trafficking programs
and practices in the U.S.: Legislative, legal, and public opinion strategies that work. U.S. Department of
Justice: NCJRS.
55. Farrell, A., M. J. DeLateur, C. Owens, & S. Fahy. (2016). The prosecution of state-level human
trafficking cases in the United States. Anti-Trafficking Review, 6.
56. These cases are in Table 3 at the end of the chapter.
 Chapter 8

Human Trafficking and

Technology
Chapter Objectives
This chapter provides a comprehensive understanding of the following:

Human Trafficking and Technology

Use of Technology by the Traffickers for the Proliferation of Trafficking Business
Use of Technology for Combating Trafficking
Use of Technology for Providing Information and Support to Trafficking Victims
Introduction:
Human Trafficking and Technology
Human trafficking—also known as trafficking in persons, modern slavery, and by many other names—is
a grim reality of the contemporary global landscape in developed as well as emergent developing countries.
It reflects the dark side of civilization, modern economics, and globalization, where illegal enterprises trade
people through a rapidly growing network of electronic communication and transport.1 While traditional
channels of trafficking remain in place, online technologies give traffickers an unprecedented ability to
exploit a greater number of victims and advertise their services across geographic boundaries.2 As Malika
Saada Saar, stated, technology “has created an easy and accessible venue for the commercial sexual
exploitation of children..., young girls are the new commodities that traffickers and gangs are selling. And,
there isn't a culture of crime and punishment for selling girls as there is for selling illegal drugs. It is less
risky, and more profitable (the girls are ‘reusable’) to traffic girls, instead of meth or crack.”3
Technological advances in general and online technologies in particular have opened up new vistas for
traffickers—allowing them to recruit and exploit a greater number of victims across geographic boundaries.
It has expanded their recruitment and supply market. More and more traffickers use Internet technology
and social media to recruit and advertise victims on online classified and social networking sites. Access to
mobile devices has become easy and cheap. Use of mobile technologies in the form of devices and
networks has expanded from a few privileged persons having access to easy and inexpensive access by the
masses. It has risen in prominence and is now at the epicenter of sex and labor trafficking enterprises in the
United States. Online platforms offer profitable venues for exploitation of trusting and unsuspecting
individuals all over the world, including within the United States.4
In the contemporary “network society,” technology and the flow of information are strategic forces of
global social change. Mobile technology has shattered traditional boundaries created by borders and
geographical locations. In contrast to the traditional channels of trafficking, online technologies give
traffickers an unprecedented ability to recruit and exploit a greater number of victims from a vaster market,
and advertise their services to a larger number of potential consumers and buyers with immunity.5
Online technology eliminates all boundaries, making instant, real-time communication and coordination
a reality. Advances in technology have made it easy and cheap to connect people globally in a matter of
seconds. According to the World Bank (2012), 75 percent of the global population has access to mobile
phones and other modes of instant mobile communications. Traffickers exploit this mobile technology to
recruit, advertise, organize, and communicate. They use mobile phones exclusively, “effectively
streamlining their activities and expanding their criminal networks.”6
The technology that has connected the world and trade and made progress possible, is also used by the
traffickers to exploit human beings for sex and labor. Advances in information and communication
technologies play an integral part in the proliferation of supply and demand market in the trafficking
business of all types—including sex and labor. The advent of mobile communication technology in the
form of mobile phones, the Internet, and social media networks has facilitated recruitment of unsuspecting
job seekers and exploitation of their trust through isolation, fraud, force, and/or coercion. It has impacted
social, economic, and political life at an exceptional scale. Networked technologies alter the method of
receiving and disseminating information as well as communication. Technology has become fundamental
instrument in the practices and processes surrounding human trafficking—the illegal trade of people for
commercial sexual exploitation, forced labor, and other forms of modern-day slavery.
Mobile technology is used by the traffickers and victims to connect and disconnect with recruiters,
employers, family, friends, social services, and other positive as well negative entities.7 In this chapter, we
examine the relationship between technology and human trafficking in three basic spheres of business: (1)
use of technology by traffickers for the proliferation of trafficking business; (2) use of technology by the
authorities for prosecution of traffickers and to prevent, expose, and monitor trafficking; and (3) use of
technology as an informational tool to provide information and support for trafficking victims and at-risk
groups.

Use of Technology by the Traffickers for the

Proliferation of Trafficking Business
The use of Internet technologies in people's daily lives has dramatically increased in recent years. In
2010, the number of Internet users worldwide exceeded an estimated 2 billion.8 Hundreds of millions of
individuals use social networking sites,9 and approximately half of all online adults in America have used
online classified advertising sites10 and this number increases by every second. Although technology,
especially the Internet and online technologies, have provided many social benefits, the flip side of it is
pretty dark. While facilitating economic and global growth, technology has also brought in a number of
social ills. Traffickers make use of social networks and online classified sites to market, recruit, sell, and
exploit for criminal purposes. Many of these sites are explicit in nature and some are underground. Yet,
evidence from legal cases demonstrates that mainstream sites such as Craigslist, Backpage, and Myspace
have already been used for trafficking.11 Facebook, Twitter, and other social networking sites are
susceptible to similar uses.12
The extant reports and literature are replete with examples where traffickers have used network
technology to expand trafficking business beyond global boundaries and human imagination. Traffickers
have exploited online technologies for both sex and labor trafficking business. Owens, Dank & Farrell
(2014) report that the most common industries using trafficked labor in the United States include
construction, agricultural, hospitality, domestic, and service industries. Results of their study suggest that
fraud and coercion are often used as means by the domestic and overseas recruitment agencies to facilitate
trafficking of individuals. Once in the destination country, the traffickers restrict victims' ability to
communicate with friends and family through monitoring, surveillance, debt bondage, and physical,
psychological, and sexual abuse.13
The Internet has dramatically changed human trafficking business landscape globally. Over the last ten
years, trafficking business has migrated to an online marketplace and operates without walls. Online
classified advertising for jobs serves as a vehicle for recruiting and soliciting potential victims. Traffickers
use online classified websites for recruitment as well as for the sale of services. Average advertisements for
service providing jobs are used by unscrupulous traffickers as a façade for recruiting trafficking victims.
The unsuspecting job seekers apply and fall prey to the fraudulent tactics of traffickers who reap enormous
profits at the expense of the victims. Traffickers use various forms of technology to advertise, recruit, and
connect with potential victims.14 Some of these means are newsgroups, web messaging, bulletin boards,
websites, search engines, chatrooms, file transfer protocol (FTP), peer to peer networks, and file swapping
programs. Traffickers use encryption to disguise the content of files, emails, web TV, and mobile Internet
systems. Table 1 presents a list of online technologies most commonly used by traffickers.
Traffickers, unlike perpetrators of garden-variety crimes, are conversant with technology. Majority of
them are educated, carry cell phones, video cameras, and have manners that make them appear respectable,
cultured, and trustworthy. In many cases, they are respected members of the community as well as
clandestine members of highly sophisticated crime syndicates.15 They have the means and resources to
remain on the “crest of technological advances.”16 Their demeanor and wealth give an appearance of being
trustworthy and sophisticated—allowing them to prey upon unsuspecting job seekers.

Technology: Recruitment and Job Offers

With the advent of high-speed online and mobile technology, recruiting and offering employment in both
formal and informal settings seems to be the main modus operandi. “The Internet offers a wide variety of
possible approaches to recruitment; from offers aimed at a broad audience, such as employment
opportunities (essentially abroad), through the use of search engines or pop-ups to publicize tempting
offers, all the way to more targeted spaces, e.g., chatrooms, spam mail and Internet dating, where victims
can be recruited.”17 Online and mobile technology provides traffickers with an unbridled means of
recruiting their victims. Online employment agencies (particularly those ostensibly seeking fashion or
artists' models) and marriage agencies can all be facades to lure victims. Internet chatrooms are also used to
“befriend” and ensnare potential victims.

Table 1: Some of the Online Technologies Most

Commonly Used by Traffickers

Most trafficking cases begin with the trafficker advertising jobs for nannies, waitresses, models,
technology experts, dancers, and the like on social media. Chatrooms and online advertisements are the two
principal methods used by traffickers to recruit. Other types of sites used by traffickers for the recruitment
may include: matrimonial sites of marriage agencies (that could act as mail-order bride agencies or dating
clubs), escort services' sites, dating clubs, and various job offering sites including those for nannies, home
assistance, waitressing, bartending, au pair, child care, modeling, the entertainment industry
(dancers/hostesses), construction, hotels and restaurants, factories, agriculture, admission to universities,
tourism, and the sex industry, among other commercial sites. The contact is usually required to be via
mobile phone or email addresses.
The trafficking incident is often initiated by unsuspecting job seekers who are surfing the Internet,
looking for jobs. Once they come upon genuine looking and sounding advertisements, they inquire and
establish contact with the traffickers to apply for the advertised jobs. Traffickers use various techniques to
gain trust, including offering a high salary with generous package of health, retirement, accommodation,
transportation, and other benefits, expressing love and admiration for the victim, promising to make the
victim a star, and providing a ticket to a new location away from the victim's home. The unsuspecting job
seeker who initiated an online employment search could easily be enticed by the promise of a job with a
high salary and attractive benefits. After the victim has joined the offender, various techniques are used to
restrict the victim's access to communication with family and friends, including threats of physical
punishment and threats of harm and even death to the victim and her family unless the victim complies
with the trafficker's demands.18
Traffickers consider online technology an ideal instrument to use for deception and exploitation in labor
and sex trafficking. It is universally accessible, cheap, and fast. More importantly, it leaves little traceable
evidence and thus is virtually anonymous. Traffickers do not need any offices—they can work from homes,
coffee shops, or other undisclosed locations and can have access to their clients from anywhere in the
world. Owing to the use of disposable mobile technology, their location and identity is difficult to trace.
The business is highly profitable and does not require a large investment. Typically, a small investment in a
phone and a computer can rake in millions of dollars. Very low probability of being detected or
apprehended also plays a significant role in encouraging traffickers to be bold and expand their criminal
enterprise.19
“Technology can create or dissolve gaps in information that leave individuals vulnerable. Traffickers can
exploit such vulnerabilities when one party has more knowledge or access to information than another. In
this respect, network technology is an integral component of a socio-technical system that shapes such
issues as exploitation, recruitment, employment, supply chains, and migration.”20 Trafficking is an
enterprise that requires a high order of coordination throughout the process. It requires planning,
advertising, recruiting, transporting, meeting, and transferring/transporting victims at various times and
locations. Traffickers use a combination of new technologies in complex ways to avoid detection and
interception of their communications. Thriving online business has enabled eager clients seeking to “shop”
and “buy” services online with ease, anonymity, and immunity. Traffickers are able to send their
communications through a series of carriers. Advances in communication technologies have enabled
criminals to leave no traces for detection and apprehension. The technologies provide them an enhanced
degree of anonymity, giving them a free pass to engage in human trade without any fear of detection and/or
apprehension. The rapid development in the use of information technologies, in particular the Internet, has
opened new possibilities for the traffickers.
Mobile technologies in particular play an important role in contemporary mobility and migration.21
“Electronic and digital information and communication technology (ICT) play a central role in the network
society by altering individual users' sense of time and space. Communication can be instantaneous over
telecommunication systems, and information can be easily shared across vast distances.”22 For example, a
migrant from Southeast Asia might take up employment in North America by coordinating in real time
with a network of recruiters, agents, government officials, and employers both locally and internationally,
using email, mobile phones, and/or social media. Easy and cheap access to mobile communication
technology has revolutionized the trafficking business. Traffickers buy, use, and dispose of their phones
and other devices after a short period of use or after a particular act has been committed to avoid being
traced. Mobile phones can be programmed to transmit false identification and traffickers can get as many
mobile phone service lines as desired. Pre-paid and disposable phones have provided a booming
environment for trafficking business without any fear of apprehension.
 Advanced mobile technology is also used for money laundering. The mobile technology allows
traffickers to transfer capital and assets swiftly from place to place in such a way that they ultimately
appear to be legitimate assets. These assets are then available to traffickers and criminal organizations
anywhere in the world to finance further criminal operations. Electronic forms of business are exploited by
traffickers to reap enormous profits. E-business offers the possibility of having “virtual identities” on the
Internet. It facilitates and disguises financial activities and allows the exchange of money and services with
a high level of anonymity.
Advances in computer and printer technology have facilitated production of counterfeit documents of all
kinds. This has made it easy for traffickers, and criminal organizations they work with, to conduct their
illegal business disguised as something legal—making apprehension and detection even harder. The
advances in online technology have created new forms of crime, such as “spoofing,” “phishing,”
“hacking,” “page-jacking,” “mouse-trapping,” etc.
Another common and legal sounding method to ensnare females is the mail-order bride offer:
International matchmaking organizations, sometimes also known as “marriage agencies,” operating online
can be used as a cover for the recruitment of potential victims of trafficking. Some research suggests that
mail-order bride sites may involve the sale and purchase of trafficked victims online by credit card, while
marriage agency sites may be offering sexual services.23 The “mail-order bride” industry is not regulated.
Businesses can advertise for marriage and require the women and young girls they attract to disclose
sometimes highly personal details. The clients buying services are not screened and there are no
background checks and no formal means of ascertaining whether clients are already married. During a
United States Senate hearing (2004), it was disclosed that the “mail-order bride” industry (or international
matchmaking organizations) have been linked to trafficking in persons.24 “Mail-order bride” agencies
online can be fronts for trafficking organizations in which adults and girls are offered as “brides” but sold
privately into sexual exploitation, forced into marriage with men (some of whom will then prostitute them),
or held in domestic slavery. A study conducted by Caldwell (1997) reported that the Global Survival
Network (GSN) found that most mail-order bride agencies in Russia expanded their activities to include
trafficking for prostitution. European embassies reported that a number of international matchmaking
agencies conceal organized prostitution rings victimizing newly arrived Filipina women.25 Asian organized
crime groups used fiancée visa and marriage to bring women across the U.S. border for purposes of sexual
exploitation, often with the help of U.S. nationals.26
The following is a case of technology and transnational trafficking. It is an illustration of how traffickers
manipulate technology to circumvent both borders and national laws. In 2000, Japanese women were
trafficked to Hawaii in the United States for the purposes of sexual exploitation. The traffickers intended to
use their victims to do live performances, which would be shown to Japanese audiences via the Internet.
Since Japanese laws concerning pornography are strict, the traffickers decided to conduct their operation in
Hawaii. The traffickers advertised in Japan for “nude models”; the women were used to make pornography
and perform live Internet sex shows upon their arrival in Hawaii. The operation was entirely aimed at a
Japanese market with all website material written in Japanese. The women performed strip shows by web
cam and responded to requests from men watching in Japan. They used wireless keyboards for live sex chat
with the men at a rate of $1 per minute. The Japanese men, operating as Aloha Data, used digital cameras
to capture the live video chat, then transmitted it to a server in California run by a “not respectable, but not
illegal” Internet service provider called Lucy's Tiger Den. Japanese viewers accessed the performance
through the California server. In this case, women were trafficked from Japan into the United States and
exploited for viewers in Japan—a classic case where traffickers used technology to circumvent both
borders and national laws and succeeded in conducting illegal business legally.27
The Internet and online technologies have facilitated buying, selling, and distributing child pornography
anonymously at lightning speed. The buyers do not need to go and look for such materials in dingy and
hidden places far away from their residence and watch in secret. Technology has facilitated instant access
to such images and materials through anonymous online payment system offers. Information sharing
platforms enable the rapid exchange of materials. Basic technology can be used to create numerous still
images from footage, and small files (both images and short movie clips) can be traded on the Internet.
Technology has facilitated anonymous trade in humans with immunity.

Use of Technology for Combating Trafficking

International and United States' Efforts to Combat
Human Trafficking Using Technology
Online trafficking is an emerging and a complex form of crime. This section provides an overview of the
international and United States efforts to combat human trafficking using technology. This multifaceted
crime problem requires a coordinated and collaborative global effort at the international level as well as an
individual effort at the individual state's level. It is a technological problem that invites collaborative anti-
trafficking solutions.28 Here we discuss some such efforts being made using technology as a means of
global cooperation to combat human trafficking.
Article 27(3) of the Transnational Organized Crime Convention provides that member states:

endeavor to conduct law enforcement cooperation in order to respond to transnational organized

crime committed through the use of modern technology.

This provision calls upon states to make collaborative efforts to work towards law enforcement
cooperation in order to respond to transnational organized crimes committed through the use of modern
technology.29
The Convention on Cybercrime is the first international treaty seeking to address Internet and
computer crime by harmonizing national laws, improving investigative techniques, and increasing
cooperation among nations was drawn up during 109th Session on 8th November 2001 by the Council of
Europe in Strasbourg, France. The Council of Europe's observer states—Canada, Japan, South Africa, and
the United States—participated in it and was signed in Budapest on the 23rd of November 2001. This
treaty came into force on the 1st of July 2004. As of March 2016, 49 states have ratified the convention.
This treaty provides procedural and investigative tools to enable law enforcers around the world to
cooperate to prevent and combat all types of crimes committed on or through the Internet, including
trafficking.30
Another international entity intended to address international crime is known as INTERPOL. This was
conceived in 1914 at the first International Criminal Police Congress, held in Monaco. It was officially
created in 1923 as the International Criminal Police Commission as an organization and became known as
INTERPOL in 1956. INTERPOL enables police in 190 member countries to work together to fight
international crime and provides a range of policing expertise and capabilities, supporting three main crime
programs: counter-terrorism, cybercrime, and emerging organized crime. In 1926, the General Assembly,
held in Berlin, proposed that each country should establish a central point of contact within its police
structure: the forerunner of the National Central Bureau (NCB). The NCB was established in 1927. In
2002, the I-24/7 web-based communication system was launched. This significantly improved NCBs'
access to INTERPOL's databases and services. Since its establishment, INTERPOL has been working to
combat human trafficking. The most recent news release on its success is appended here.
More than 2,700 human trafficking victims rescued in INTERPOL-coordinated operation
Results mark INTERPOL support for World Day against Trafficking in Persons—July 28, 2016.
An operation targeting human trafficking in South and Central America has resulted in the
rescue of more than 2,700 victims, 134 arrests and the dismantling of at least seven organized
crime networks. Coordinated by INTERPOL's Regional Bureau for South America, Operation
 Intercops—Spartacus III was conducted in two parts, initially concentrating on three of South
America's busiest international airports thought to be hubs for human trafficking networks:
Ministro Pistarini (Buenos Aires, Argentina), Guarulhos (São Paulo, Brazil) and El Dorado
(Bogotá, Colombia). Through access to INTERPOL's global databases, frontline police at these
key locations were able to check travelers' names and documents to help identify potential
traffickers and their victims. Based on the arrests made and intelligence gathered during this first
phase (1–10 June), police across the 25 involved countries conducted follow-up investigations to
identify and dismantle the networks involved. The results, published ahead of the World Day
against Trafficking in Persons on 30 July, underline INTERPOL's ongoing commitment in
supporting national law enforcement address this modern-day form of human slavery.
Among the victims rescued were 27 teenage girls trafficked into different countries for sexual
exploitation and as cheap labor. Several girls in Ecuador who had been contacted through social
media were snatched from outside their schools, before being drugged and transported out of the
country. In Peru, some 900 police officers took part in an operation targeting sexual exploitation
and forced labor in the gold-mining town of La Rinconada, arresting five suspects and rescuing
190 women and 250 men.31
The G8 Sub-group on High-Tech Crime is another global effort to use technology in combating human
trafficking. The Group of 8 countries (Canada, France, Germany, Italy, Japan, Russia, the United States,
and the United Kingdom) was established in 1997. It adopted Ten Principles to combat computer crime to
ensure that there were no “safe havens” for criminals anywhere in the world and established various
subgroups to achieve forty recommendations adopted by G8 heads of state. One of those recommendations
is the Subgroup on High-Tech Crime, originally mandated to strengthen the ability of G8 countries to
prevent, investigate, and prosecute crimes involving computers, networked communications, and other new
technologies. Countries are represented in the subgroup by multi-disciplinary delegations that include
cybercrime investigators and prosecutors and experts on legal systems, forensic analysis, and international
cooperation agreements.32
The Virtual Global Taskforce (VGT)33 was established in 2003. The main objective of the VGT is to
build an effective, international partnership of law enforcement agencies that help to protect children from
online child abuse. It is currently comprised of law enforcement agencies from around the world, including
the Australian High Tech Crime Centre, the Child Exploitation and Online Protection Centre in the UK, the
Royal Canadian Mounted Police, the U.S. Department of Homeland Security, Colombian National Police,
Europol, Indonesian National Police, Interpol, Italian Postal and Communication Police Service, Korean
National Police Agency, New Zealand Police, and the Ministry of Interior for the United Arab Emirates.
The three main objectives of this cooperative group are: (1) to make the Internet a safer place; (2) to
identify, locate, and help children at risk; and (3) to apprehend perpetrators and hold them accountable.
Since its establishment in 2003, the VGT has rescued hundreds of children around the world from sexual
abuse and conducted numerous targeted law enforcement operations into online and offline offending. It
has investigated over 1,000 suspects and identified and held hundreds of child sex offenders worldwide
accountable. One recent success story is included here:

Operation Endeavour (Jan 2014)—an organized crime group that facilitated the live streaming of
on-demand child sexual abuse in the Philippines was dismantled after a joint investigation by the
U.K.'s National Crime Agency (NCA), the Australian Federal Police (AFP) and U.S. Immigration
and Customs Enforcement (ICE). Operation Endeavor which began in 2012, has to date resulted in:
29 international arrests, of which 11 were part of the facilitation group in the Philippines; 15
children in the Philippines aged between 6–15 identified and safeguarded from sexual abuse; and
over £37,500 ($60,000) identified as having been paid for the live abuse of children by the
customer network.34
 The United Kingdom's Internet Watch Foundation (IWF) is an Internet “hotline” for Internet users to
report their exposure to potentially illegal content online. The IWF was established in 1996 to fulfill an
independent role in receiving, assessing, and tracing public complaints about child sexual abuse content on
the Internet and to support the development of website rating systems. Since its formation, the IWF has
been actively engaged in operating this hotline service for the public to report potentially criminal content
and providing a “notice and takedown” service to advise ISPs in partnership with the police services in the
UK to effect its removal.35 The most recent success includes:
In 2015, the IWF processed 112,975 reports and a total of 68,092 reports were confirmed as
containing child sexual abuse images or videos. That's a 118% increase on 2014.
A new “game changing” service, to help in the fight against child sexual abuse imagery: the IWF
Image Hash List was created. The IWF's work has expanded globally and it has begun developing
new international Reporting Portals for countries without a reporting hotline.36
The Interpol Child Image Database (ICAID) is a system maintained and housed at the Interpol
General Secretariat. The image banks of law enforcement agencies around the world contribute images to
facilitate global investigations of child sexual exploitation. In 2006, police were able to identify and rescue
131 victims of child sexual abuse using ICAID; in five years, more than 500 victims have been rescued in
29 countries. The International Child Sexual Exploitation Database is available to member countries
directly through I-24/7. The Image Analysis Resource Centre (funded by the U.S. National Center for
Missing & Exploited Children from a U.S. Department of State grant) was initiated in 2006. The Image
Analysis Resource Center also created an “Expertise Reference Database.”37
In 2003, Microsoft established the Child Exploitation Tracking System (CETS)—a collaborative
global law enforcement program for child pornography investigations. This system enables law
enforcement officers from different departments in different countries to collaborate in the pursuit of
pedophiles and in the rescue and repatriation of abused children. CETS helps law enforcement agencies
follow hundreds of suspects at a time and eliminate duplication, making it more efficient for the agencies to
follow up on leads, collect evidence, and build cases against suspected child pornographers.38 CETS is
currently used by agencies in Australia, Brazil, Belgium, Canada, Italy, the United Kingdom, and the
United States. PhotoDNA was integrated into CETS in 2012.
PhotoDNA is another example of technology used to fight trafficking. This Microsoft program creates
something similar to a fingerprint of an image, which can be compared with the signatures of other images
to find copies. The National Center for Missing & Exploited Children (NCMEC) and online service
providers such as Microsoft and Facebook currently use PhotoDNA to help find, report, and eliminate
some of the worst known images of child pornography online.39
Computer-Based Training (CBT) for law enforcement delivers high-quality instructional material to
the law enforcement work force by using multimedia computer technology. It enhances the quality of a
training program while reducing some of the associated administrative hassles. Current technology
provides realistic simulations. It is a form of e-learning that harnesses technology to strengthen law
enforcement response against trafficking. Programs are tailored for domestic legal circumstances,
emphasizing the regional and global impact of transnational organized crime. A training module on human
trafficking provides basic understanding of human trafficking to enable law enforcement to better detect
and respond to the crime.40
Another international effort includes NATO Advanced Distributed Learning (ADL) through the
NATO School. The NATO School and ISN in Zurich have produced two courses covering different
dimensions of human trafficking. The courses are available free of charge via the Learning Management
System hosting the Advanced Distributed Learning (ADL) program. The self-paced courses are undertaken
independently without the support or involvement of any tutor or professor. Advanced Distributed
Learning (ADL) offers two courses for Trafficking in Persons: (1) Human Trafficking: Causes,
Consequences, Counter-strategies and (2) Combating Trafficking in Human Beings.41
Forgery and falsification of all kinds of legal and travel documents are some of the other significant
contributors that facilitate trafficking enterprises with ease and immunity. Advances in technologies make
production of genuine-looking, false documents easy. Traffickers and criminal networks are able to provide
trafficking victims with false passports and other travel documents such as visas.
Article 12 of the Trafficking in Persons Protocol addresses security and control of documents.
Trafficking in Persons Protocol, Article 12 states that

Each State Party shall take such measures as may be necessary, within available means: (a) To
ensure that travel or identity documents issued by it are of such quality that they cannot easily be
misused and cannot readily be falsified or unlawfully altered, replicated or issued; and (b) To
ensure the integrity and security of travel or identity documents issued by or on behalf of the State
Party and to prevent their unlawful creation, issuance and use.42

During the negotiation of Article 12 of the Trafficking in Persons Protocol, all countries agreed to the
development of systems and technologies that minimize the amount of sophisticated maintenance and high-
technology infrastructure needed to support and maintain such systems. This was critical to the success of
deployment in developing countries who may not have enough resources to implement highly
technological systems.
In order to make it difficult for the traffickers to falsify, forge, or alter documents, advanced technical
measures are required. Advanced technology and advanced administrative and security elements are crucial
to protect the production and issuance process against corruption, theft, or other means of diverting
documents. New technological advances offer considerable potential for the creation of new types of
documents that identify individuals in a unique manner. These advanced technologies can authenticate and
separate the fake from the authentic with speed and accuracy. These advanced technologies have the ability
to verify and identify forgeries with precision.
False and Authentic Documents Online (FADO)—a European image-archiving system was enacted in
1998. It was established by a Joint Action of the Council of the European Union to help combat illegal
immigration and organized crime. It is a computerized system with restricted access providing fast and
secure information exchange between the General Secretariat of the Council of the European Union and
between document experts in the European Union member states, Iceland, Norway, and Switzerland.
FADO stores data on images of genuine documents, security techniques (security features), typical false
and forged documents, forgery techniques, and statistics on detected false and falsified documents and
identity fraud. It is a useful database in apprehending traffickers.43
High Tech Passports is another measure that can be used to apprehend traffickers and other criminals.
Falsified or forged documents are often used in the commission of transnational crime. This technology
ensures that passports, visas, and other travel documents are not easy to forge or falsify. Use of this
technology can be instrumental in combating trafficking as many a time, traffickers provide fake/forged
passports and travel documents to bring in victims.44 The International Civil Aviation Organization
(ICAO) sets standards for travel documents and passports. The old passports contained hand-written
information that facilitated forgery and falsification. The modern technology—including special dye, a
particular seal, and data imprinting—have made forgery or falsification of passports and other travel
documents substantially more difficult. Passports contain identifying numbers repeated on each page by
laser, a machine-readable code, and a digital image of the passport holder. Special paper is used to make
the passports, containing fibers only visible by ultraviolent light. All passports are issued from a centralized
center where information is stored in a database which can be checked at borders.45
Currently, biometric technology is used to ensure that documents are unforgeable. These measures use
physical characteristics of a person to verify their identity. The most common biometrics include
fingerprints, iris scans, hand geometry, voice recognition, and face recognition. Face recognition
technology uses a formula to determine whether a live image of a face matches the electronically stored
image of that person.46
Frontex is another agency of the European Union established in 2004 to manage the cooperation
between national border guards securing its external borders. It has undertaken many collaborative
initiatives with Interpol to ensure border integrity. On December 15, 2015, the European Commission
presented its proposal for a new European Border and Coast Guard Agency that would replace and succeed
Frontex.47
The Virtual Global Taskforce (VGT) is an effective, international partnership of law enforcement
agencies, non-government organizations (NGOs), and industry. Its purpose is to help protect children from
online child abuse and other forms of transnational child sexual exploitation. “The VGT focuses on making
the Internet a safer place, identifying, locating and helping children at risk and holding perpetrators
appropriately to accountable and apprehending them. The VGT logo reaffirms the VGT's purpose that the
child is the key focus of the VGT and the eye is always roaming the Internet, across international borders,
watching over our children to keep them safe online.”48
Some of the operations carried out by VGT are presented below.
Operation Endeavour (Jan 2014): An organized crime group that facilitated the live streaming
of on-demand child sexual abuse in the Philippines was dismantled after a joint investigation by
the U.K.'s National Crime Agency (NCA), the Australian Federal Police (AFP) and U.S.
Immigration and Customs Enforcement (ICE). Operation Endeavor which began in 2012, has to
date resulted in: 29 international arrests, of which 11 were part of the facilitation group in the
Philippines; 15 children in the Philippines aged between 6–15 identified and safeguarded from
sexual abuse; and over £37,500 ($60,000) identified as having been paid for the live abuse of
children by the customer network.
Operation Rescue (March 2011): A global pedophile network consisting of thousands of
online members was shattered, resulting in more than 200 children being safe-guarded and 184
offenders arrested across the globe. This operation started in 2007 and involved cooperation
between seven of the VGT member agencies, including the Australian Federal Police, the Child
Exploitation and Online Protection (CEOP) Centre in the United Kingdom, the New Zealand
Police, U.S. Immigration and Customs Enforcement, The National Child Exploitation
Coordination Centre, as part of the Royal Canadian Mounted Police, the Italian Postal and
Communications Police Service and Europol.
Operation Basket (December 2010): This operation resulted in approximately 230 commercial
child sexual exploitation websites being taken down and five key members of the criminal
organization behind these web sites being arrested in the Ukraine.
Operation Elm (August 2008): Through this “operation” over 360 suspects were identified
worldwide, over 50 UK arrests [were made] and at least 15 children safeguarded.
Operation Chandler (June 2007): Through this operation more than 700 suspects were
identified worldwide and more than 40 children safeguarded worldwide.49
Operation Pin is an initiative of the Virtual Global Taskforce launched in 2003. It consists of the UK's
National Crime Squad, the FBI, Interpol, the Royal Canadian Mounted Police, and the Australian High
Tech Crime Centre/Australian Federal Police (AFP). Under this initiative, Operation PIN created a website
that purports to contain images of child abuse but is in fact a law enforcement site. Individuals accessing
the site are confronted with an online law enforcement message, informing them they have entered a law
enforcement website and committed an offense. They are also informed that their identifying details have
been captured and provided to relevant national authorities. It is designed to capture the details of
individuals who actively seek images of child abuse and deter individuals from seeking images of child
abuse, by reducing their confidence in the Internet as an anonymous, risk-free arena.
In 2014, Thorn: Digital Defenders developed and introduced the Spotlight tool. This is designed to
aggregate data from online commercial sex advertisements. Spotlight takes this massive amount of data and
turns it into an asset for law enforcement. The objective of Spotlight is to improve the effectiveness and
efficiency of domestic sex trafficking investigations and increase the number of women and children who
are identified and connected with help resources. Spotlight is a web-based tool that provides law
enforcement with intelligence and leads about suspected human trafficking networks and individuals in
order to identify and assist victims. “The tool helps prioritize leads by leveraging machine learning
algorithms and insight from officers in the field, and connects disparate data sources to provide deep
investigative tools to help officers understand the historical and full geographical reach of a victim's
trafficking situation.” The Spotlight Tool is available to law enforcement across the nation and law
enforcement agencies using Spotlight have seen a 43 percent reduction in their investigation time.50
In 2014, another technological advance—the Memex program—was launched by the Defense Advanced
Research Projects Agency (DARPA) to combat human trafficking through an advanced search engine.
Although this tool is not widely available, DARPA has fostered research that focuses on revolutionizing
technology in the anti-trafficking space. DARPA comprises approximately 220 government employees in
six technical offices, including nearly 100 program managers, who together oversee about 250 research and
development programs.
The Defense Advanced Research Projects Agency was created with a national sense of urgency in
February 1958 amidst one of the most dramatic moments in the history of the Cold War and the
already-accelerating pace of technology. In the months preceding the official authorization for the
agency's creation, Department of Defense Directive Number 5105.15, the Soviet Union had
launched an Intercontinental Ballistic Missile (ICBM), the world's first satellite, Sputnik 1, and
the world's second satellite, two months after Sputnik 1, resulted in a spectacular fiery failure.
Finally, at the end of January 1958, a stunned United States became the second nation to place an
object in orbit when it successfully launched the Explorer 1 satellite.
Out of this traumatic experience of technological surprise in the first moments of the Space
Age, U.S. leadership created DARPA, initially with the shorter name Advanced Research Projects
Agency (ARPA). In the nearly 60 years since it was established, DARPA has owned the critical
mission of keeping the United States out front when it comes to cultivating breakthrough
technologies for national security rather than in a position of catching up to strategically
important innovations and achievements of others.
With no research and development facilities of its own, DARPA has become known as a
laboratory and incubator of innovation by providing thought leadership, community-building
frameworks, technology challenges, research management, funding, and other cultural and
infrastructural support elements that it takes to usher transformative ideas toward consequential
new realities.51
Polaris operates the National Human Trafficking Resource Center (NHTRC). This toll-free hotline
operates 24 hours a day, 7 days a week in over 200 languages to assist victims and community members.
The hotline services can also be accessed via email and an online tip reporting form. Polaris's Global
Hotline Program also supports other countries looking to set up.
“The Global Missing Children's Network is a multilingual database featuring photos of and information
about missing children from around the world. It was launched in 1998 as a joint program of the National
Center for Missing & Exploited Children and International Centre for Missing & Exploited Children.
Photos are one of the most effective tools in the search for missing children. Rapidly distributing a child's
photo can make the difference between a fast recovery and prolonged search.”52
The National Center for Missing & Exploited Children (NCMEC) began operating CyberTipline in
1998. Using this CyberTipline, anyone who suspects exploitation of children can call and provide
information and call for help anonymously. Since 1998, the CyberTipline has received over 4.3 million
tips.
In 2013, Polaris and Thorn partnered with Twilio and Salesforce Foundation to develop the NHTRC
SMS-based text-line. Using this testing mechanism, victims can text the short code “BeFree” for a discreet
and time-efficient way to access the hotline.
The following section provides an overview of the United States laws to determine their relevance to this
multifaceted crime problem. Most states have recognized and criminalized sex and labor trafficking and
there are individual states that have passed laws to address trafficking at the state level. However, state
laws vary in terms of definitions, penalties, and enforcement priorities. Federal laws that address human
trafficking can be applied across the country.
There are some federal laws that could be applied to prosecute human trafficking cases. The 18 U.S.C.
§1591 criminalizes sex trafficking, making it illegal to recruit, entice, provide, harbor, maintain, or
transport a person or to benefit from involvement in causing the person to engage in a commercial sex act,
knowing that force, fraud, or coercion was used or that the person was under the age of 18.53 Under this
law, traffickers exploiting humans for sex may face charges under other federal statutes applicable to sex
trafficking, such as 18 U.S.C. §2423(a), which prohibits transportation of a minor with intent that the
individual engages in criminal sexual activity.54
The 18 U.S.C. §§1589–1590 can be used to prosecute traffickers who exploit humans for labor. This law
makes it illegal for anyone to knowingly provide or obtain the labor of a person by force or threats of force,
or to traffic a person for labor or services by means of force, coercion, or fraud for the purpose of
subjecting the person to slavery, involuntary servitude, debt bondage, or peonage.55
Both 18 U.S.C. §1591 and 18 U.S.C. §§1589–1590 address the criminalization of a trafficker's conduct
but neither addresses the victim protection. Thus, potentially a trafficked victim can face criminal charges.
For example, under federal law, a 16-year-old who is found engaging in commercial sex acts is a
trafficking victim, regardless of whether the minor appears to have participated willingly in said acts,
because the law presumes that an underage victim cannot provide legal consent. However, the protections
available to trafficking victims vary between states. In some state courts, minor victims of sex trafficking
can face prostitution charges. Minor victims of human trafficking are forced, induced, or coerced into
providing labor, services, or commercial sex. A trafficked child may be compelled to engage in illegal
activities such as prostitution or the selling of drugs, and instead of being treated as victims, many are
treated as criminals and are prosecuted accordingly.56
The state of New York became the first state to pass legislation addressing this issue, with the passing of
the Safe Harbor for Exploited Children Act in 2010. The act prohibits prosecution of minors for
prostitution. Several states have subsequently passed similar legislation. Prior to the act's passage, sexually
exploited youth involved in illegal activities did not receive the protection of the Family Court and were
instead prosecuted criminally, which did little more than to re-traumatize these victims. Furthermore, once
incarcerated, sexually exploited youth had no access to services that could address their specific social and
emotional needs, and thus they often would return to a life on the streets once released. The passage of the
act guaranteed that sexually exploited youth would be treated as child victims and be offered services that
could pave the way for better outcomes. As of December 2015, thirty-four states have passed safe harbor
laws. However, these state legislations vary significantly from state to state. Most states that have passed
safe harbor legislation have limited the scope of the protections provided to children that have been
commercially sexually exploited (CSEC). In some states, safe harbor provisions are applicable only to
children that have engaged in commercial sex, thus the legal protections offered apply to prostitution and
prostitution-related crimes. More recently, a growing number of states is including non-commercial sex and
non-violent crimes in their version of safe harbor for minor trafficking victims. Most states provide
services to CSEC victims through the state child welfare system. Typically, children identified as victims
of commercial sexual exploitation are designated as children in need of supervision or dependent children,
allowing the state child welfare system to intervene and provide assistance to the children. In other states
the agency that oversees juvenile justice is designated to provide assistance to victims of CSEC (Polaris,
2015).
In 2013, the Uniform Law Commission (ULC) released the Uniform Act on Prevention of and Remedies
for Human Trafficking (Uniform Act). This act offers guidance to state legislators and provides language
drafted and adopted by lawyers from across the country that can serve as a basis for state legislation.57 The
Uniform Act clearly and unequivocally recommends the immunity model for child victims of trafficking.
Shortly after it was adopted, the American Bar Association (ABA) House of Delegates endorsed the
Uniform Act. The Uniform Act on Prevention of and Remedies for Human Trafficking (Act): Section 15
provides immunity to a minor. It states that “(a) An individual is not criminally liable or subject to [juvenile
delinquency proceeding] for [prostitution] and [insert non-violent offenses] if the individual was a minor at
the time of the offense and committed the offense as a direct result of being a victim.” The Uniform Act
also broadens the scope of safe harbor to protect not only children who have been commercially sexually
exploited, but also recognizes that child victims of labor trafficking are forced to commit crimes during the
course of their exploitation and should be provided with the same protections as victims of CSEC.58
Additionally, some states have enacted laws that address the role of technology in facilitating and
disrupting human trafficking. For example, in Maryland, Md. Code Ann. §15-207 (S.B. 542), and in
Vermont, 13 V.S.A. §2661 (H.B. 153), require their state Departments of Labor to post the NHTRC hotline
information on their websites. Other states' laws, such as Texas's Tex. Civ. Prac. & Rem. Code §125.045
(S.B. 1288), Vermont's 13 V.S.A. §2661 (S.B. 153), and Washington's Wash. Rev. Code §47.38.080 (S.B.
6330) require businesses to post signs with a trafficking hotline number, and Oklahoma's 21A O.S. §748.2
(S.B. 2258) requires the state departments to establish a trafficking hotline. Other states such as Hawaii's
Haw. Rev. Stat. §803-44 (H.B. 141), Maryland's, Md. Code Ann., Cts. & Jud. Proc. §10.402 (H.B. 345),
and Ohio's Or. Rev. Stat. Ann. §2933.51 et seq. (S.B. 235) have authorized electronic surveillance of
suspected traffickers.
A majority of the state laws criminalize the use of technology in sexual exploitation of a minor and
generally the focus is on the use of computers to “either provide or solicit a minor for sex, the definitions of
technology-assisted exploitation vary. Use of other devices capable of electronic data storage are also
criminalized. Virginia explicitly includes ‘any common carrier or communication common carrier... or any
telecommunications, wire, computer network, or radio communication systems’ in its statutes.”59
Additional resources and universal legal additional amendments is presented in Appendix 2.

Use of Technology for Providing Information and

Support to Trafficking Victims
Just as online technologies, mainly the Internet, provide an easy and efficient vehicle to the traffickers
for conducting their business, the same can be used to address the multifaceted aspects of human
trafficking. Technology can be used to disseminate and share information as well as raise awareness by
collaborative and individual actions of a variety of actors—individuals, communities, groups,
organizations, government, the private sector, NGOs, service providers, and academia. This section
reviews the potential for such action. The Trafficking Victims Protection Reauthorization Act of 2011
includes a new section titled “Creating, building, and strengthening partnerships against significant
trafficking in persons.” The intent of such an inclusion is to promote cooperation between the federal
government and the private sector to ensure that: “(1) United States citizens do not use any item, product,
or material produced or extracted with the use and labor from victims of severe forms of trafficking; and
(2) such entities do not contribute to trafficking in persons involving sexual exploitation.”60
Websites can be created and used to describe the issue and provide information on the list of resources
and services available for survivors. The global scope of the Internet allows anyone with access to view
these websites. Here is one example:
https://www.acf.hhs.gov/sites/default/files/orr/traffickingservices_0.pdf. This website is maintained by the
Department of Health and Human Services. It provides information on services available to the victims of
human trafficking.
The Internet can also be used to publicize and disseminate public education and awareness campaigns.
It can be used to set up online training initiatives on human trafficking. Not for Sale61 is one of such
initiatives. It raises global awareness on the issue of trafficking and educates the general public. The
objective of this campaign is to increase awareness and knowledge about human trafficking through a
variety of materials available for download from the website, including a map which allows website
visitors to document cases of known human trafficking around the world.
A very common form of social activism is the use of petitions. The Internet can be used to connect with
a larger audience to identify social activists, people who have similar beliefs and ideals, and people willing
to engage in tactics used to voice their opinion and endeavor to bring change. One popular social activist
site is Change.org. With millions of users, this website provides a platform for people to gather together
behind a cause to demand accountability and inspire change. Many of the online petitions on Change.org
relate to human trafficking and it ranks among the 12 “top causes” featured. In 2010, Craigslist shut down
its “adult services” section in response to pressures from several anti-trafficking organizations, including a
petition signed by more than 10,000 Change.org members.
Mobile phones can also be used in creating social awareness about human trafficking and engage
communities in preventing human trafficking. A most recent example of such an effort is the Rapid
Report & Response (R3) mobile system created by Prevent Human Trafficking.62 Anyone suspecting
human trafficking incident can text a message. The message is received and securely routed to the nearest
first responder who will go to the site of the report and look for evidence of the incident. If the first
responder confirms that the trafficking incident occurred, she/he will send a text that will create a red dot
on a digital map and alert the nearest enforcement agents. The agents will then attempt to intervene in the
potential human trafficking incident. The intervention will be digitally mapped by a blue dot. This map will
appear on the Prevent Human Trafficking website to allow for people to track human trafficking cases. If
the enforcement agents are not successful in their attempt to intervene, they can text a message and the blue
dot will be replaced with a black dot. However, if the enforcement agents are able to successfully resolve
the incident, the black dot will be replaced with a green dot. The R3 has the potential to generate useful
tracking data that will help NGOs and government agencies intervene and prevent human trafficking more
effectively. The R3 is being tested in Thailand with the intention of expanding it to other countries in
Southeast Asia, South Asia, India, and eventually other parts of the world.63
Campaigns using mobile phones are another way mobile phones can be used to raise awareness,
educate people, and engage communities to speak out against human trafficking. An example of such a
campaign is Free2Work, developed by the Not for Sale Campaign (www.free2work.org). Free2Work is a
mobile phone application that provides information on forced and child labor related to particular
companies and brands. Specifically, Free2Work rates companies on how labor trafficking relates to their
supply chain practices in terms of company policies, transparency and traceability, monitoring and training,
or worker rights. Free2Work assigns each company a grade based on the found rating. The Free2Work app
allows consumers to look up the overall grade of specific companies and support those that have zero
tolerance for forced labor.
To fully understand the role of technology and create an effective intervention plan to address
trafficking, concerted and collaborative efforts by the policy makers, governments, NGOs, researchers, and
the private sector are needed. Technology-minded interventions could provide significant help to the
individuals who are at the highest risk of being trafficked. The private sector is developing technologies to
gather business intelligence on the web of contractors and suppliers that make up modern supply chains.
NGOs are examining how global supply chains can also be the source of data that reveals labor trafficking
risks to corporations and governments. NGOs and Internet companies are providing required training to
migrant workers in the use of social media to connect with family, friends, and support networks.64
Conclusion
This chapter has presented an overview of the role of online technologies in addressing human
trafficking. The discussions and data included in this chapter have demonstrated that the online
technologies have contributed substantially in enhancing the global landscape. Society has reaped many
social, economic, informational, educational, and cultural benefits due to the advancement in technology.
Our imagination is no longer bound by traditional boundaries created by borders and geographical
locations. Technology has brought the world closer and allowed people from different parts of the world to
work together. However, the research and discussions presented in this chapter have also exhibited that the
progress, the togetherness, and the change in social and global landscape came with a price.
The chapter also discussed the negative consequences of advances in technology and the societal
reliance on technology. The same advances that brought progress and made our lives interesting, easy, and
colorful also brought the ugly consequences with them—human trafficking being one of these. Technology
has allowed people to be as creative and imaginative as possible. In some cases, greed and hunger for
power have taken over the conscience. Technology has been used to earn exponential profits through force,
fraud, and coercion. It has facilitated exploitation of human beings by other human beings for sex and
cheap labor with immunity. Technology has provided mechanisms to trade humans as commodities.
Online technologies—including Internet and other mobile communication technologies—have played a
significant role in both enabling and combating human trafficking. Technological advancements hold
consequences and applications for both traffickers and those working to counter trafficking alike.
Technology—such as use of social media, websites, and anonymizing apps—has been used by traffickers
and networks to contact and recruit their victims. As discussed throughout the chapter, traffickers have
used technology to entice potential victims and entrap them in this web of crime through deception,
coercion, and force. However, as discussed in the chapter, the same technological advancements also have
the potential to assist law enforcement and service providers to monitor illicit activity, locate and rescue
victims, collect and analyze data leading to the prosecution of traffickers, and streamline communication
between anti-trafficking actors and agencies.65
Chapter Review
This chapter has examined the relationship between technology and human trafficking in three basic
spheres of business: (1) use of technology by the traffickers for proliferation of trafficking business; (2) use
of technology for prosecution of traffickers to prevent, expose, and monitor trafficking; and (3) use of
technology to provide information and support for trafficking victims and at-risk groups.
Discussion Questions
1) Identify three uses of mobile technology that have facilitated traffickers in carrying out their
business easily.
2) Discuss three ways technology can help law enforcement officers to identify and apprehend
traffickers.
3) List three international laws that provide guidance on how to address the crime of
trafficking in persons.
4) Discuss the contributions of the Convention on Cybercrime—the first international treaty
for addressing Internet and computer crime.
5) What is “ICAID”? Discuss its role in apprehending traffickers.
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Notes
1. Bang, N. J. (2012). Justice for victims of human trafficking and forced labor: Why current theories
of corporate liability do not work. U. Mem. L. Rev., 43, 1047.
2. Latonero, M. (2011). Human trafficking online: The role of social networking sites and online
classifieds. SSRN 2045851.
3. Saada Saar, M. (2010, April 20). Girl slavery in America. Huffington Post.
4. Latonero, M. (2011). Human trafficking online: The role of social networking sites and online
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society: General overview, emerging innovations, and Philippines case study. Los Angeles: U.S.C
Annenberg, Center on Communication Leadership & Policy.
8. This endnote has two references:
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2) Heeks, R. (2010). Do information and communication technologies (ICTs) contribute to
development? Journal of International Development, 22 (5) 625–640.
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32. “2011 The G-8 Group had the meeting in Deauville, France. The Deauville Declaration included
had [sic] a section on Internet. 2010 The G-8 Group had the meeting in Muskoka, Canada. The Muskoka
Declaration included statements on terrorism and organized crime. 2009 The Ministers of Justice and
Home Affairs met in Rome on May 28–30 in conjunction with the G8 Summit 2009 in Italy. A statement
was made including Cybercrime and Cybersecurity. It referred to the report from the Roma/Lyon Group
provided to the UN Commission on Crime Prevention and Criminal Justice.
The statement made remarks on the technological progress, including as follows:
‘Criminal misuse of social networks, encryption services, VoIP services, the Domain Name
System, and other new and evolving criminal attacks on information systems, pose increased
challenges to law enforcement and are spreading.’”
http://www.cybercrimelaw.net/G8.html.
33. “Virtual Global Taskforce (VGT) is a group of law enforcement agencies from around the world
who operate together to stop child pornography online.”
https://en.wikipedia.org/wiki/Virtual_Global_Taskforce.
34. U.S. Immigration and Customs Enforcement. (2014, January 15). 29 arrested in international case
involving live online webcam child abuse. https://www.ice.gov/news/releases/29-arrested-international-
case-involving-live-online-webcam-child-abuse.
35. Internet Watch Foundation. https://www.iwf.org.uk/.
36. Internet Watch Foundation. https://www.iwf.org.uk/
37. Child Exploitation Prevention. (2010). The national strategy for child exploitation prevention and
interdiction.
38. Child Exploitation Tracking System (CETS): “Developed by Microsoft, CETS is a repository that
can be filled with records pertaining to child pornography and child exploitation cases. It is designed to
streamline investigations and integrate with other CETS operations so that law enforcement agencies can
enhance their cooperation and efficiently move their cases forward.”
http://www.iacpcybercenter.org/labs/child-exploitation-tracking-system-cets-2/.
39. “Microsoft began sharing the first release of PhotoDNA as an on-premise technology in 2009.
Since then, this technology has helped curb the exploitation of children around the world by detecting
millions of illegal images for reporting to the National Center for Missing & Exploited Children
(NCMEC) and other appropriate authorities.” https://www.microsoft.com/en-us/PhotoDNA/Default.
40. “Computer-Based Training (CBT) involves the use of a personal or networked computer for the
delivery and access of training programs. CBT can be synchronous and asynchronous, as well as online,
web-based, mobile, and distance learning. CBT is particularly useful when training learners on a specific
computer application, but can also be built to train learners on general knowledge or skills. The greatest
disadvantage of CBT is that it is expensive to develop and deliver, especially for smaller groups of
students. CBT can be more cost efficient when designed to train a larger number of students.”
https://www.trainingindustry.com/taxonomy/c/computer-based-training-(cbt).aspx.
41. “One of the capabilities under the e-Learning umbrella and the most common form of e-Learning
at NATO is Advanced Distributed Learning (ADL), which features educational or training courses
delivered over a network using a standard web browser. NATO offers ADL courses on its two major
networks, one with access to the Internet. ADL follows a collection of standards and specifications for e-
Learning known as the Sharable Content Object Reference Model (SCORM). The term ADL is used
synonymously with the term web-based training. SACT ADL courses are located at:
https://jadl.act.nato.int.” http://www.act.nato.int/advanced-distributed-learning.
42. United Nations. (2000, November 15). Protocol to Prevent, Suppress and Punish Trafficking in
Persons Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime. Resolution 55/25.
43. “FADO (False and Authentic Documents Online) is the acronym used to refer to the European
System of online exchange of information on false and authentic documents.
Under the terms of Council Joint Action 98/700/JHA was decided to create a central computerized
system, within the General Secretariat of the Council, which was intended to allow rapid exchange of
information between Member States on genuine and false documents, to Given the growing frequency
and increasing sophistication of the techniques used to produce genuine documents or their counterfeits.
The system database contains not only false and forged documents to images, as well as authentic
document images and summary information about techniques of forgery and security. Thus, the system
will provide documents controllers of the Member States information on newly discovered forgery
methods and on genuine documents that are in circulation.” (Originally written in Spanish and translated
by Google). http://euroogle.com/dicionario.asp?definition=539.
44. “HighTech Passport, Ltd. (known in the industry as HTP) was created in April 1992 in San Jose,
California, by two localization experts from Silicon Valley.
Today, a high-quality full-service language provider and a major player in the localization field, HTP
is still privately owned and proud to be. It offers 22 years of technical and linguistic experience through
an exhaustive range of language-related services available in over 80 languages and counting.”
http://www.htpassport.com/about-us.
45. “The International Civil Aviation Organization (ICAO) is a UN specialized agency, established by
States in 1944 to manage the administration and governance of the Convention on International Civil
Aviation (Chicago Convention).
ICAO works with the Convention's 191 Member States and industry groups to reach consensus on
international civil aviation Standards and Recommended Practices (SARPs) and policies in support of a
safe, efficient, secure, economically sustainable and environmentally responsible civil aviation sector.
These SARPs and policies are used by ICAO Member States to ensure that their local civil aviation
operations and regulations conform to global norms, which in turn permits more than 100,000 daily
flights in aviation's global network to operate safely and reliably in every region of the world.”
http://www.icao.int/about-icao/Pages/default.aspx.
46. “The mission of the Biometrics Institute is to promote the responsible use of biometrics as an
independent and impartial international forum for biometric users and other interested parties.” “It was
founded in July 2001 responding to an industry need for an independent and impartial forum for sharing
knowledge and information about biometrics.” It has offices in London and Sydney and has created a
global biometrics network. You can listen to an introduction to the Biometrics Institute in the podcast
from October 2012. http://www.biometricsinstitute.org/pages/mission.html;
http://www.biometricsinstitute.org/pages/about-us.html.
47. “Fostering the free movement of people has been an important objective of European integration
since the 1950s. Free movement of goods, persons, services and capital were identified as foundations of
the Community in the Treaty of Rome (1957). During the 1980s five Member States (Belgium, France,
Germany, Luxembourg and the Netherlands) decided to create a territory without internal borders. They
signed the first agreements in a small town in Luxembourg called Schengen, hence the ‘Schengen
area’—a territory in which the free movement of persons is guaranteed. The original agreement was
complemented in 1990 by a convention. When this convention entered into force in 1995 it abolished
checks at the internal borders and created a single external border. Whatever their location, officers
working at the external border perform border checks in accordance with identical procedures. The rules
governing visas and the right to asylum are also common for all Schengen countries.”
http://frontex.europa.eu/about-frontex/origin/.
48. The Virtual Global Taskforce (VGT). http://virtualglobaltaskforce.com/.
49. http://virtualglobaltaskforce.com/what-we-do/.
50. Go to www.htspotlight.com or [email protected].
51. http://www.darpa.mil/about-us/timeline/where-the-future-becomes-now.
52. http://www.missingkids.org/GMCN.
53. 18 U.S. Code §1591—Sex trafficking of children or by force, fraud, or coercion.
54. 18 U.S. Code §2423—Transportation of minors.
55. 18 U.S. Code §1590—Trafficking with respect to peonage, slavery, involuntary servitude, or
forced labor.
56. 18 U.S. Code §1592—Unlawful conduct with respect to documents in furtherance of trafficking,
peonage, slavery, involuntary servitude, or forced labor.
57. “The Uniform Law Commission (ULC, also known as the National Conference of Commissioners
on Uniform State Laws), established in 1892, provides states with non-partisan, well-conceived and well-
drafted legislation that brings clarity and stability to critical areas of state statutory law.”
http://www.uniformlaws.org/Narrative.aspx?title=About%20the%20ULC.
58. “The Uniform Act on Prevention of and Remedies for Human Trafficking (UAPRHT) will help
ensure effective action by the fifty states, District of Columbia, Puerto Rico, and the U.S. Virgin Islands,
against those who force human beings into labor or sexual servitude against their will. States have an
increasingly important role to play in what is now a worldwide movement to end this modern-day slavery
and will benefit in that effort from harmonized legislation that encourages coordination both within a
state and across state lines.”
http://www.uniformlaws.org/shared/docs/Prevention%20of%20and%20Remedies%20for%20Human%20Trafficking/2013_
59. Latonero, M. (2011). Human trafficking online: The role of social networking sites and online
classifieds. SSRN 2045851.
60. 22 U.S. Code §7103(b)(1)–(2).
61. www.notforsalecampaign.org.
62. “Prevent Human Trafficking (PHT) is a Washington, DC, based nonprofit organization working to
build a bridge between South East Asia and the United States to prevent human trafficking. PHT
empowers individuals, organizations and governments to tackle the root causes of human trafficking
through direct support and technical assistance. PHT uses its expertise and networks to promote best
practice and inspire sustainable solutions in the movement to prevent human trafficking.”
www.preventhumantrafficking.org.
63. http://preventhumantrafficking.org/mobileapp.
64. Latonero, M., B. Wex, & M. Dank. (2015, March 6). Technology and labor trafficking in a
network society: General overview, emerging innovations, and Philippines case study. Los Angeles:
U.S.C Annenberg, Center on Communication Leadership & Policy.
65. Sadwick, R. (2016, January 11). 7 ways technology is fighting human trafficking. Forbes.
http://www.forbes.com/sites/rebeccasadwick/2016/01/11/tech-fighting-human-
trafficking/#3f98873f49b1.
 Chapter 9

Protections for the Victims of

Trafficking in Persons
Chapter Objectives
This chapter provides a comprehensive understanding of the following:

Who Are the Victims?

Needs of the Victims of Human Trafficking
Protection, Support, and After Care of the Victims of Trafficking
Trafficking in Persons Protocol: The Requirement for Victims' Protection and Support
Trafficking in Persons Protocol: The Requirement for the Provision of Physical,
Psychological, and Social Recovery of Victims
Comprehensive, Coordinated, and Integrated Response: Support and Protection to the Victims
International and the United States' Response to the Victims and Survivors
Federal Programs to Provide Support and Protection for the Victims
Community Programs and Resources for the Victims of Trafficking
After Care of the Victims of Trafficking in Humans
Introduction: Who Are the Victims?
Needs of the Victims of Human Trafficking
Virtually every corner of the world is touched by the crime of human trafficking. Almost all countries
participate in perpetuation of this crime in one form or another. Some countries serve as destinations for the
trafficked persons and goods, others as originators, yet others serve as transit points, while others serve in a
combination of all three capacities. Eventually all countries consume goods and services shaped, produced,
or manufactured as a result of trafficking in persons crime. Perpetrators and victims of this crime can be
located in almost all countries of the world.1 Often the crime of “trafficking in persons” has been
associated with transnational criminal organizations, small criminal networks and local gangs, violations of
labor and immigration codes, and government corruption.2
Trafficking in persons, besides being a crime, also entails a range of human rights violations. Its
classification as a crime and a human right violation renders it a multifaceted problem requiring a
multidimensional response. This complex issue requires a multilinear and well-coordinated international
and national response. Otherwise, the crime is likely to regenerate and transmute itself into a more complex
problem. The identified victims need an adequate and appropriate response in the form of protection and
services. Trafficked persons who escape their situations often find themselves victimized again as a result
of the treatment they receive at the hands of the authorities.3 Its pervasiveness and prevalence in all parts of
the world as well as its multidimensional nature denote that its aftermath is also massive. In order to
address the aftermath of human trafficking, it is incumbent upon the states (both origin and destination) to
address the needs of victims and survivors. Victims of human trafficking (adults and children) require
emergency, short-term, and long-term services.4
The extant literature suggests that basic needs such as food, shelter, and clothing may be the most
primary needs for virtually all victims of trafficking—international and domestic. In addition to these basic
needs, the victims may require language interpretation, legal assistance, or legal representation in the case
of the victims being from a different country and brought into the destination country illegally. Victims of
human trafficking suffer similar problems as torture victims, victims of domestic violence/sexual assault,
battered immigrant women, migrant workers, refugees, and asylum seekers. So, their needs may be very
similar to those victims.5 They may experience post-traumatic stress disorder (PTSD), depression, other
anxiety disorders, and substance abuse.6 They may also experience nightmares, cognitive difficulties,
anger, sadness, impulsiveness, and other physical maladies such as headaches, chest pain, shaking,
sweating, and dizziness. Survivors of trafficking may also need housing, legal assistance, job training, job
placement, education, family reunification (for domestic victims), and repatriation (for international
victims). Labor trafficking victims may suffer physical maladies and disabilities as a result of exploitation
and harsh working environment. They may require long-term medical care (Bales, 2004; Caliber
Associates, 2007).7 Unaccompanied and accompanied minor international trafficking victims may need
intensive case management and medical, mental health, and social services. They may experience
depression and feelings of isolation, psychosomatic symptoms, “experience high levels of anxiety, survivor
guilt (victims feel they do not deserve to be alive and in a safe place when friends, siblings, or other family
members are suffering); exhibit behavioral problems, including aggression; and question their ethnic
identity.”8
Victims of human trafficking are often viewed as criminals (e.g., undocumented immigrants, prostitutes)
and subject to arrest, detention, and/or deportation—making it more challenging to address the aftermath of
human trafficking in the context of it being a human rights violation. However, several laws, treaties,
conventions, protocols, acts, taskforces, and other legal documents have been created and implemented—
both at international as well as at individual state level in all parts of the world—that offer advice on
addressing the needs of victims and providing them protection. Victims receive some sort of protection and
help, if they are identified. Here, we discuss some of these significant treaties, conventions, protocols, acts,
taskforces, and other legal documents that make provisions for allocating resources to identify and provide
services to the victims of human trafficking.

Protections, Support, and after Care for the

Victims of Human Trafficking
Trafficking in Persons Protocol:
The Requirement for Victims' Protection and Support
The first internationally recognized protocol that defined trafficking in persons and documented the
process to identify, address, and deal with the perpetrators and victims is known as the Trafficking in
Persons Protocol that came into effect in 2000. Since then several laws, treaties, conventions, protocols,
acts, taskforces, and other legal documents have been in effect both at an international as well as an
individual state level in all parts of the world. Below is the discussion of the pertinent articles and sections
of this protocol that address providing protection and services to the victims.
Article 6, paragraph 2, of the Trafficking in Persons Protocol creates an obligation for states (both origin
and destination) to provide victims with information and an opportunity for their views and concerns to be
presented at criminal proceedings against offenders. (The basic obligation to ensure that victims are
permitted an opportunity to participate is set out in Article 25 of the Transnational Organized Crime
Convention). Such presentation could be in the form of either written submissions or oral statements and is
to be done in a manner that is not prejudicial to the rights of the defense. The Trafficking in Persons
Protocol also requires states to provide trafficking victims with information on relevant court and
administrative proceedings and with counselling and information. Victims need to be advised about their
legal rights in a language they can understand.
Article 6, paragraph 2 states that:
Each State Party shall ensure that its domestic legal or administrative system contains measures
that provide the victims of trafficking in persons, in appropriate cases, with:
(a) Information on relevant court and administrative proceedings; and
(b) Assistance to enable their views and concerns to be presented and considered at appropriate
stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of
the defense.9

The Declaration of Basic Principles of Justice for

Victims of Crime and Abuse of Power
(General Assembly resolution 40/34, annex)
This declaration states that victims of crime should be informed of their rights to seek redress; of the role
of judicial and administrative processes; of “the scope, timing, and progress of the proceedings; and of the
disposition of their cases, especially where serious crimes are involved and when they have requested such
information,” and of the availability of health and social services and other relevant assistance.10 It
discusses the process through which victims should be provided access to justice and fair treatment.
Pertinent clauses of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
(Adopted by General Assembly resolution 40/34) are listed below. The following sections provide
information on providing victims access to justice and fair treatment.
This section clearly states:
4) Victims should be treated with compassion and respect for their dignity. They are entitled
 access to the mechanisms of justice and to prompt redress, as provided for by national legislation,
for the harm that they have suffered.
5) Judicial and administrative mechanisms should be established and strengthened where
necessary to enable victims to obtain redress through formal or informal procedures that are
expeditious, fair, inexpensive and accessible. Victims should be informed of their rights in
seeking redress through such mechanisms.
6) The responsiveness of judicial and administrative processes to the needs of victims should be
facilitated by:
(a) Informing victims of their role and the scope, timing and progress of the proceedings and of
the disposition of their cases, especially where serious crimes are involved and where they have
requested such information;
(b) Allowing the views and concerns of victims to be presented and considered at appropriate
stages of the proceedings where their personal interests are affected, without prejudice to the
accused and consistent with the relevant national criminal justice system;
(c) Providing proper assistance to victims throughout the legal process;
(d) Taking measures to minimize inconvenience to victims, protect their privacy,
when necessary, and ensure their safety, as well as that of their families and witnesses
on their behalf, from intimidation and retaliation;
(e) Avoiding unnecessary delay in the disposition of cases and the execution of orders or
decrees granting awards to victims.
It is suggested that informal mechanisms for the resolution of disputes, including mediation, arbitration,
and customary justice or indigenous practices, should be utilized where appropriate to facilitate conciliation
and redress for victims.11

Trafficking in Persons Protocol:

The Requirement for the Provision of Physical,
Psychological, and Social Recovery of Victims
The Trafficking in Persons Protocol requires states parties of origin and of destination to consider
implementing measures to provide for the physical, psychological, and social recovery of trafficked
victims. Governments should, in collaboration with non-governmental organizations, provide the following
types of support: (a) medical; (b) psychological; (c) language and translation; (d) rehabilitation, skill
training, and education; and (e) shelter.
Trafficking in Persons Protocol specifically addresses the need for comprehensive and coordinated
intervention to protect victims of human trafficking and offer them practical assistance. Article 6,
paragraph 1, of the Trafficking in Persons Protocol supplements the provisions of the Organized Crime
Convention and requires that measures are taken to protect the privacy and identity of victims, including by
making legal proceedings confidential, to the extent that this is possible under domestic law. The article
states that where a state's procedural laws may require amendment to ensure that courts have the authority
to shield the identities or otherwise protect the privacy of victims in appropriate cases, states should do so.
This may include keeping the proceedings confidential, for example by excluding members of the public or
media representatives, or by imposing limits on the publication of specific information, such as details that
would permit identification of the victim.
Trafficking in Persons Protocol creates an obligation for states to provide victims with information and
an opportunity to present their views and concerns during all proceedings. According to the TIP Protocol,
states have an obligation to allow concerns to be presented, which could include either written submissions
or oral statements. The Protocol requires this to be done in a manner non-prejudicial to the rights of the
defense.
The basic obligation to ensure that victims are permitted an opportunity to participate is set out in Article
25, paragraph 3, of the Organized Crime Convention. That requirement applies to all offenses covered by
the convention, which includes the trafficking offense under the protocol.
Article 6 stipulates the process and obligation for providing assistance to and protection of victims of
trafficking in persons. It states that:
1) in appropriate cases and to the extent possible under its domestic law, each State Party shall
protect the privacy and identity of victims of trafficking in persons, including, inter alia, by
making legal proceedings relating to such trafficking confidential.
2) Each State Party shall ensure that its domestic legal or administrative system contains
measures that provide to victims of trafficking in persons, in appropriate cases: (a) Information on
relevant court and administrative proceedings; (b) Assistance to enable their views and concerns
to be presented and considered at appropriate stages of criminal proceedings against offenders, in
a manner not prejudicial to the rights of the defense.
3) Each State Party shall consider implementing measures to provide for the physical,
psychological and social recovery of victims of trafficking in persons, including, in appropriate
cases, in cooperation with non-governmental organizations, other relevant organizations and other
elements of civil society, and, in particular, the provision of: (a) Appropriate housing; (b)
Counselling and information, in particular as regards their legal rights, in a language that the
victims of trafficking in persons can understand; (c) Medical, psychological and material
assistance; and (d) Employment, educational and training opportunities.
4) Each State Party shall take into account, in applying the provisions of this article, the age,
gender and special needs of victims of trafficking in persons, in particular the special needs of
children, including appropriate housing, education and care.
5) Each State Party shall endeavor to provide for the physical safety of victims of trafficking in
persons while they are within its territory.
6) Each State Party shall ensure that its domestic legal system contains measures that offer
victims of trafficking in persons the possibility of obtaining compensation for damage suffered.
Article 6 of the Trafficking in Persons Protocol supplements the provisions of the Organized Crime
Convention concerning the provision of assistance and protection to victims to ensure the physical safety of
victims. Article 24 of the convention refers to the dangers represented by “retaliation or intimidation” for
those who cooperate with authorities, whereas Protocol Article 9, subparagraph (1)(b), also refers to
protection from the risk of “re-victimization.”12
Existing studies and reports have demonstrated that victims may refuse or be reluctant in cooperating
with the authorities and testifying against the offenders for the fear of retaliation against them and/or their
families if they assist the authorities. The current data suggests that re-victimization and retaliation of
victims are real possibilities and the victims' fears are often fully justified. Thus, it is imperative that the
states make provisions for affording protection and support to the victims during and after their cooperation
and testimony. Support and protection should include: (a) physical protection, such as relocation and
permitting limitations on the disclosure of information concerning identity and whereabouts; and (b)
providing evidentiary rules to permit witness testimony to be given in a manner that ensures the safety of
the witness. Under the convention and the Trafficking in Persons Protocol, the basic obligation to protect
victims applies to any state party in which the victims are found, including origin, transit, destination, and
repatriation states. Contacts with state authorities are usually very problematic for the victims, especially
when traffickers have used fear of such authorities to intimidate victims. In such cases, non-governmental
organizations may play an important role as intermediaries.13
 Article 25 also discusses the process and states' obligation for providing assistance to and protection of
victims of trafficking in persons. It states that:
1) Each State Party shall take appropriate measures within its means to provide assistance and
protection to victims of offenses covered by this Convention, in particular in cases of threat of
retaliation or intimidation.
2) Each State Party shall establish appropriate procedures to provide access to compensation and
restitution for victims of offenses covered by this Convention.
3) Each State Party shall, subject to its domestic law, enable views and concerns of victims to be
presented and considered at appropriate stages of criminal proceedings against offenders in a manner
not prejudicial to the rights of the defense.
Article 6, paragraph 6, of the protocol refers to the need to provide the possibility for victims to seek and
obtain compensation. When the possibility of obtaining compensation does not exist under national law,
legislation may be required to establish appropriate schemes. The protocol does not specify any potential
source of compensation. Consequently, any or all of the following general options would probably meet the
requirements of the protocol:

Provisions allowing victims to sue offenders or others under statutory or common-law torts for civil
damages.
Provisions allowing criminal courts to award criminal damages (i.e., to order for that compensation to
be paid by offenders to victims) or to impose orders for compensation or restitution against persons
convicted of offenses.
Provisions establishing dedicated funds or schemes whereby victims can claim compensation from the
state for injuries or damages suffered as the result of a criminal offense.

Article 6, paragraph 3, of the protocol contains an extensive list of support measures intended to reduce
the suffering and harm caused to victims and to assist in their recovery and rehabilitation.14
In addition to complying with the international guidelines and meeting the humanitarian goals of
reducing the effects on victims, there are other reasons for providing support and protection to the victims.
For example, providing support, shelter, and protection for victims may increase the probability of victims'
willingness to cooperate and assist investigators in successful apprehension and prosecution of the
offenders. Often traffickers intimidate victims by inciting fear of authorities in victims' minds. The
literature suggests that traffickers advise human trafficking victims to stay out of sight of law enforcement
and other service providers and avoid speaking to them under all circumstances. They are told that if they
are found by law enforcement or service providers, they will be incarcerated, punished, and deported, in the
case of international victims, and sent home in case of domestic victims–which many victims do not want.
If the victims are under age, they are coached by traffickers, pimps, and brothel keepers to lie about their
age. Regardless of age, they are taught to state that they are participating willingly. If the law enforcement
and service providers can win victims' trust by providing support and protection and are able to convince
victims that the authorities are genuinely concerned about their welfare, the probability that the traffickers
will be successfully apprehended and punished increases.

Comprehensive, Coordinated, and Integrated Response:

Support and Protection to the Victims
To address the aftermath of human trafficking victimization, it is essential that the response is
comprehensive, coordinated, and integrated. Service providers and service providing agencies should
collaborate and formulate partnerships with law enforcement, medical and mental health providers,
immigration attorneys, and local ethnic community leaders to work together in coordinated and
participative manners to provide support and protection services for the victims of trafficking in persons.
The ultimate goal of providing support and protection to the victims should be driven by the best interests
of the victims.15 Victims of trafficking in persons have unique needs and may require an enormous range
of services. The United Nations High Commissioner for Human Rights suggests some guidelines and
principles for the physical, psychological, and emotional recovery of trafficking victims.16

International and the United States' Responses to the Victims and Survivors
Trafficking in Persons Protocol proposes that states of origin and of destination should consider
implementing measures to provide for the physical, psychological and social recovery of trafficked victims.
The protocol suggests that state governments should collaborate with non-governmental organizations and
provide support in the areas of medical care; counseling and psychological care; interpretation, language,
and translation; rehabilitation; skill training; education; and shelter. Pursuant to the protocol's proposal, the
international community endeavors to provide support and assistance to the victims. Efforts made and
services provided by the state vary by the state laws and political and social ideologies as well as resources
available to the states. Here we discuss the United States' response to the victims. This section provides an
overview of services and protections provided to the victims and survivors in various sectors.
The Trafficking Victims Protection Act of 2000 (TVPA) authorizes the United States Department of
Health and Human Services to certify foreign victims of a severe form of trafficking in persons, making
these individuals eligible for federally funded benefits and services to the same extent as refugees. Victims
of human trafficking are subjected to force, fraud, or coercion for the purpose of commercial sex or labor.
Victims can be young children, teenagers, men, and women.17 Pursuant to the Trafficking Victims
Protection Act of 2000, the United States provides support and protection to the international trafficking
victims in a variety of spheres—including through financial, medical, housing, and legal assistance. In
addition to the protection and support provided by the federal programs, there are also state programs that
provide and supplement the federal programs. There are also various community organizations and non-
governmental organizations that offer services and protections to the victims.

Federal Programs to Provide Support and

Protection for the Victims
Following the provisions set forth in the Trafficking Victims Protection Act (TVPA), the United States
federal government and all fifty states passed new laws that criminalize human trafficking and support the
identification and prosecution of human trafficking perpetrators.18 In order to facilitate recovery of the
victims of trafficking in persons, the U.S. federal government has passed many laws, developed several
federal programs, made federal funds available, and created several agencies.

Department of Health and Human Services

The U.S. federal government offers several Health and Human Services Grants. The U.S. Committee for
Refugees and Immigrants (U.S.CRI) and other federal agencies provide grants to facilitate provision of
comprehensive case management services to current and potential victims of trafficking seeking HHS
certification in any location in the United States. Through a network of nongovernmental service
organizations, sub-awardees assist victims of trafficking to become certified and be eligible for other
necessary services after “certification.” The agencies receiving grants ensure the provision of efficient,
high-quality services to victims of human trafficking. They help victims of human trafficking apply for and
receive housing, legal assistance, medical and other necessary services, and job training. They also provide
assistance and services to ensure a life free of violence and exploitation.
The National Human Trafficking Resource Center (NHTRC) is a national, toll-free hotline for the
human trafficking field in the United States. The center is operational 24 hours a day, seven days a week,
every day of the year. This center provides comprehensive services to the victims. Some examples of these
services include crisis intervention, urgent and non-urgent referrals, tip reporting, and comprehensive anti-
trafficking resources and technical assistance. The center also works to improve the national response to
protect victims of human trafficking in the United States from further exploitation and violence. The center
works to raise awareness and connect community members with service providers and law enforcement
personnel to identify and create a coordinated response to human trafficking in their local areas. The
NHTRC functions as a national database of organizations and individuals working in the anti-trafficking
field, as well as a library of available anti-trafficking resources and materials. It serves as a clearinghouse
to maintain and disseminate educational and awareness materials, and online trainings.19
The United States Department of Justice's (U.S.DOJ) Office for Victims of Crime (OVC) provides
services such as housing or shelter; food; medical, mental health, and dental services; interpreter/translator
services; criminal justice victim advocacy; legal services; social services advocacy; literacy education;
and/or employment assistance to the trafficking victims. OVC also maintains an online directory of crime
victim services that identifies local organizations providing services for crime victims.20
In addition to the federal agencies providing services to the victims, there are also state and other
community agencies that respond to the needs of the victims of human trafficking. Below is the discussion
of community programs and resources available for the victims of trafficking in persons.

Community Programs and Resources for the

Victims of Trafficking
Community Resources: Every state maintains service programs that are made available to the victims
of human trafficking. Some of these programs are state funded and others are funded privately. The state
service providing agencies as well as non-governmental organizations (NGOs) have access to these
resources to assist the victims of trafficking in persons. Following are the types of community resources
available to the victims of trafficking in persons.
Food: Victims of trafficking can receive food through food pantries; soup kitchens; faith-based food
programs; and supermarkets/restaurants/bakeries providing day-old, slightly damaged, or leftover food
items to charitable organizations.
Shelter: Victims of trafficking are eligible for a place to stay. They can seek temporary shelter in
domestic violence/women's shelters; runaway and homeless youth shelters; transitional housing programs;
shelters for undocumented immigrants (usually for men); and faith-based housing programs, such as the
Catholic Worker Movement that provides housing opportunities in many U.S. communities. Some faith-
based organizations also provide rent money or identify church members who can offer temporary housing
or offer temporary shelter in seminaries, convents, or school dorms. Children who are victims of trafficking
can be housed in state foster homes. Other state or local housing and community development agencies
also maintain lists of affordable housing projects and nonprofit organizations. These resources can be
accessed and utilized to provide shelter and housing to the victims of trafficking.
Clothing and Goods: Most often, victims of trafficking also need clothing and other necessary items to
live normally. Local chapters of national organizations—such as Goodwill, Salvation Army, St. Vincent de
Paul, and AMVETS Thrift Stores—can provide clothing and goods to the victims. Additionally, many
nonprofit organizations such as operating thrift stores offer free clothing giveaways and professional
clothing donation services, such as local Dress for Success affiliates, and are often available. Locally
operated, privately funded, and charity programs can be found through Internet search engines. Some
churches, schools, universities, and hospitals operate clothing drives/clothing banks. Refugee resettlement
agencies provide donated goods and yard sales are excellent sources for inexpensive used clothing and
household goods. Many department stores also give away damaged and out-of-season clothing to charitable
organizations. Community dry cleaners may operate as clothing donation drop-off sites and some hotels
also donate old furniture when renovating or they may be willing to provide shampoo and other toiletries.
Sexual assault crisis center clothing collections are another resource. Churches, businesses, and civic
organizations may be willing to donate gift cards for grocery stores or discount department stores.
Medical: Victims of trafficking go through a tumultuous time during victimization, and they may suffer
from physical and mental health problems. They generally need medical and mental health services.
Community health centers, migrant health clinics, city clinics, homeless clinics, free clinics at universities
or in communities, health fairs at community hospitals (for preventive services), county mental health
clinics, health programs operated out of NGOs, substance abuse services, and maternal and child health
programs can be accessed and victims can receive needed medical, mental health, and drug rehabilitative
services.
Legal: Victims of trafficking often need legal services to understand their status and rights in the
destination country. They need legal advice in understanding their plight, filling forms to receive services,
obtaining their identification and travel documents, etc. Local legal aid clinics/agencies/foundations, law
school clinics, pro bono services offered by law firms, and employment law centers can be accessed by the
victims. The community organizations and NGOs can connect victims with other community-based legal
service providers including those serving particular ethnic communities, immigration rights clinics,
nonprofit organizations providing legal assistance to immigrants, and faith-based immigration relief
organizations, such as the Catholic Legal Immigrant Network, Inc. (CLINIC). These organizations can be
accessed to receive legal support services.
Job Training Programs: Community organizations also offer job training programs for the victims.
Local affiliates of Goodwill Industries offer job training programs and Career-One-Stop lists local contacts
for apprenticeships and employment assistance. Community organizations and some community colleges
and immigrant or refugee assistance organizations also offer vocational training and job placement
assistance to the victims.
Education Services: Victims are also provided educational services. Many local adult education centers,
immigrant community organizations, and neighborhood community centers offer GED assistance and
general educational assistance programs. Local churches, schools, libraries, and community colleges offer
ESL (English as a second language) classes to the victims. Local community resource centers also offer
translation/interpreting services (both as written/live language assistance and native tongue literacy).
Transportation: Some local programs offer lower fares for public transportation to clients enrolled in
education programs. Some churches and other charitable organizations also offer voluntary driver programs
offering free transportation to the victims.
Crime Victim Compensation: Some city or county level community programs offer victims
compensation for relocation and other expenses.

After Care for the Victims of Trafficking in Humans

Under the provisions provided by the TVPA, victims of severe forms of trafficking who are also
potential witnesses are granted Continued Presence (CP) by the Department of Homeland Security's
Immigration and Customs Enforcement (ICE). Continued Presence (CP), is a one-year form of immigration
relief that federal law enforcement officials request on behalf of the victim. Continued Presence allows the
victim to remain in the United States during the course of an investigation or prosecution as well as obtain
an Employment Authorization Document (EAD), which provides the victim with the documentation
required to work legally in the United States.
Victims of severe forms of trafficking who are also potential witnesses, can also apply for a non-
immigrant visa (T visa), also called the U.S. Citizen and Immigration Services Form I-914. Under this visa,
a foreign victim of human trafficking is granted up to four years of stay in the United States. The victim
must apply directly to DHS for non-immigrant status by filing an application for a T visa.
Victims of trafficking needing Continued Presence (CP) and T visa may not understand the forms and
application process. To assist them with the process of completing the application, they are provided
assistance from an immigration attorney or other legal service provider. National Human Trafficking
Resource Center and/or local service providers listed in the OVC online directory with experience in
working with trafficking victims can assist victims in completing the application, obtaining the visa, and
acquiring other legal assistance as needed.21
As described in the U.S. Department of Homeland Security's Instructions for Completing Form I-914, a
federal law enforcement officer endorsement is strongly advised. If a victim does not submit a federal law
enforcement endorsement as a part of his or her T visa application, then the victim must submit an
explanation describing attempts to obtain the endorsement and accounting for the lack of or unavailability
of the endorsement. Alternately, the victim must submit an explanation describing why he or she did not
attempt to obtain the federal law enforcement endorsement. There are several benefits to a T visa,
including: legal non-immigrant status in the United States for a period of four years; employment
authorization; the possibility of adjusting status to Lawful Permanent Resident; and immediate family
members may obtain non-immigrant status as T visa derivatives.
Another type of visa available to the victims is U visa. The U visa is valid for up to four years. It is not
specific to trafficking cases, but is available to victims of a number of crimes, including trafficking. It is
available to immigrants who: (a) are victims of a violation of federal, state, or local criminal laws against
rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution,
sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave
trade, kidnapping, obstruction of justice, abduction, unlawful criminal restraint, false imprisonment,
blackmail, murder, extortion, manslaughter, felonious assault, witness tampering, perjury or attempt,
conspiracy, or solicitation to commit any of the above crimes; (b) have suffered severe physical or mental
abuse as a result; and (c) have been helpful, are being helpful, or are likely to be helpful in the investigation
or prosecution of the criminal activity.
Victims with a U visa can receive a work permit but they are not eligible for publicly funded programs
for which T visa recipients are eligible. Both T and U visa recipients may eventually adjust to lawful
permanent resident status and citizenship if they qualify.22
However, when the victims are from across the border and do not have any legal status in the destination
country, they may need immediate legal assistance/representation to handle issues related to immigration
status, documents to return back to their homes, legal representation that may be required in an ongoing
investigation and prosecution of the trafficking case, or counsel in a civil lawsuit against the trafficker or in
a potential custody case.23
To control and prevent the perpetuation of trafficking in persons, the traffickers need to be apprehended,
prosecuted, and sentenced. To successfully prosecute and punish the traffickers, states need the victims to
testify—in most cases, victims are the only witnesses of the crime and they may not be willing to cooperate
due to the intimidating threats by traffickers. In order to succeed in prosecution, the states should not only
encourage but also facilitate trafficking victims' participation in the criminal proceedings against the
trafficker. The states should make provisions for providing support and protection to the victims and
encourage them to participate in the judicial process through direct and indirect means.
Conclusion
Despite the Trafficking Protocol, the Transnational Crime Convention, and the adoption of several
international and national laws, protocols, conventions, and policies to punish the perpetrators and to
protect the rights of trafficked persons, there is still a tremendous need to address the aftermath of the crime
of trafficking in persons. Victims suffer in various spheres—including physical, mental, psychological,
social, and moral. Several entities (national and international) must cooperate to facilitate victims'
recuperation and restoration to the mainstream society. The national and international entities need to
ensure uniform implementation of the law and provide clear guidelines. In addition to the awareness and
educational campaigns, providing services and protections to the victims, restore their full identity should
be the priority.
Chapter Review
In this chapter, we have discussed the needs of the victims of human trafficking. We have discussed
some of the laws and available services and protections provided to the victims. In essence, we discussed
the following:
Protections for the Victims

Protection, Support, and After Care of the Victims of Trafficking

Trafficking in Person Protocol: The Requirement for Victims' Protection and Support
Trafficking in Persons Protocol: The Requirement for the Provision of Physical, Psychological,
and Social Recovery of Victims
Comprehensive, Coordinated, and Integrated Response: Support and Protection to the Victims
International and the United States' Response to the Victims and Survivors
Federal Programs to Provide Support and Protection for the Victims
Community Programs and Resources for the Victims of Trafficking
After Care of the Victims of Trafficking in Humans
Discussion Questions
1) List at least three aspects in which aftermath of trafficking is manifested in victims. Give
examples.
2) Identify reasons why the victims of trafficking may not report the crime or accept any
services.
3) Find out what community resources exist in your community. List at least three
organizations that cater to the needs of the trafficking victims in your neighborhood.
4) What legal remedies are available to the trafficking victims? List at least three.
5) Identify the type of services needed to address the aftermath of trafficking in persons. Give
reasons why these services are essential.
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Chapkis, W. (2003). Trafficking, migration, and the law protecting innocents, punishing immigrants.
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of Trafficking and Violence Protection Act of 2000, The. Utah L. Rev., 107.
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Trafficking Protection Act of 2000: Does law deter crime. Case W. Res. J. Int'l L., 38, 249.
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Notes
1. This endnote has two references:
1) Europol. (2005). Legislation on trafficking in human beings and illegal immigrant smuggling.
Europol Public Information.
2) Miko, F. T., & G. Park. (2001). Trafficking in women and children: The U.S. and
international response—Updated August 1, 2001. Federal Publications, 55.
2. Richard, A. (1999). International trafficking in women to the United States: A contemporary
manifestation of slavery and organized crime. The Center for the Study of Intelligence.
3. Pearson, E. (2002). Human traffic, human rights: Redefining victim protection. Anti-Slavery
International.
4. This endnote has two references:
1) Caliber Associates. (2007). Evaluation of comprehensive service for victims of trafficking:
Key findings and lessons learned. Final report submitted to the National Institute of Justice. U.S.
Department of Justice.
2) Clawson, H., Layne, M., & Small, K. (2006). Estimating human trafficking into the United
States: Development of a methodology. Washington, DC: National Institute of Justice.
5. Clawson, H., Small, K., Go, E., & Myles, B. (2004). Needs assessment for service providers and
trafficking victims. National Institute of Justice, Washington, DC: Government Printing Office. Clawson,
H., Layne, M., & Small, K. (2006). Estimating human trafficking into the United States: Development of
a methodology. Washington, DC: National Institute of Justice.
6. For more detailed discussion of these symptoms, see: De Jong, J. T. V. M., Komproe, I. H., Van
Ommeren, M., Masri, M.E., Araya, M., Khaled, N., van de Put, W., & Somasundaram, D. (2001).
Lifetime events and posttraumatic stress disorder in four post conflict settings. Journal of the American
Medical Association, 286, 555–562; and Shrestha, N. M., Sharma, B., Van Ommeren, M., Regmi, S.,
Makaju, R., Kompro, et al. (1998). Impact of torture on refugees displaced within the developing world:
Symptomatology among Bhutanese refugees in Nepal. Journal of the American Medical Association, 280
(5), 443–448.
7. This endnote has two references:
1) Bales, K. (2004). Slavery and the human right to evil. Journal of Human Rights, 3 (1), 53–63.
2) Caliber Associates. (2007). Evaluation of comprehensive service for victims of trafficking:
Key findings and lessons learned. Final report submitted to the National Institute of Justice, U.S.
Department of Justice.
8. Shen Ryan, A. (1997). Lessons learned from programs for unaccompanied refugee minors. Journal
of Multicultural Social Work, 5 (3–4), 195–205.
9. Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime. (2000, November
15). Adopted and opened for signature, ratification and accession by General Assembly Resolution
55/25.
10. UN General Assembly. (1985). Declaration of basic principles of justice for victims of crime and
abuse of power. UNGA Resolution 40, 34.
11. Report of the United Nations the High Commissioner for Human Rights. (2010). General
Assembly, Sixty-Fifth Session, Supplement No. 36. New York: United Nations.
12. Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime (2000, November
15). Adopted and opened for signature, ratification and accession by General Assembly Resolution
55/25.
 13. United Nations Office on Drugs and Crime (UNODC) and Global Programme Against Trafficking
in Human Beings. (2008). Toolkit to Combat Trafficking in persons. United Nations Publications.
14. United Nations Office on Drugs and Crime (UNODC) and Global Programme Against Trafficking
in Human Beings. (2008). Toolkit to Combat Trafficking in persons. United Nations Publications.
15. Florida Coalition Against Domestic Violence. (2002). https://www.fcadv.org/.
16. Report of the United Nations the High Commissioner for Human Rights (2010). General
Assembly, Sixty-Fifth Session, Supplement No. 36. New York: United Nations.
17. U.S. Code. (2000). Victims of trafficking and violence protection act of 2000. Public Law 106,
386.
18. Farrell, A., M. J. DeLateur, C. Owens, & S. Fahy. (2016). The prosecution of state-level human
trafficking cases in the United States. Anti-Trafficking Review, 6.
19. The National Human Trafficking Resource Center (NHTRC) “is a national anti-trafficking hotline
[and resource center] serving victims and survivors of human trafficking and the anti-trafficking
community in the United States. The toll-free hotline is available to answer calls from anywhere in the
country, 24 hours a day, 7 days a week, every day of the year in more than 200 languages. The [NHTRC]
can also be accessed by emailing [email protected], submitting a tip through the online tip
reporting form, and visiting the web portal at www.traffickingresourcecenter.org. [The NHTRC provides]
human trafficking victims and survivors with access to critical support and services to get help and stay
safe, and to equip the anti-trafficking community with the tools to effectively combat all forms of human
trafficking. [The NHTRC offers] round-the-clock access to a safe space to report tips, seek services, and
ask for help.” “The NHTRC provides innovative anti-trafficking trainings, technical assistance, and
capacity building support.” “The [NHTRC] has been in operation since December 7th, 2007, by Polaris,
a nonprofit, non-governmental organization that is a leader in the global fight to eradicate modern slavery
and restore freedom to survivors of human trafficking. [It is] not a government entity, law enforcement,
or immigration. Funding is provided by the Department of Health and Human Services (HHS) and other
private donors and supporters.” https://traffickingresourcecenter.org/mission;
https://humantraffickinghotline.org/sites/default/files/NHTRC%20AAG%202015.pdf.
20. “The Office for Victims of Crime Resource Center (OVCRC) is part of the National Criminal
Justice Reference Service (NCJRS), a federally sponsored information clearinghouse that provides
information on crime, victim assistance, substance abuse, and public safety to support research, policy,
and program development worldwide.” http://www.ovc.gov/.
21. http://ovc.ncjrs.gov/findvictimservices/.
22. “U.S.CIS helps protect victims of human trafficking and other crimes by providing immigration
relief. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which
traffickers lure individuals with false promises of employment and a better life. Individuals and their
families may also fall victim to many other types of crime in the United States. These crimes include:
rape, murder, manslaughter, domestic violence, sexual assault, and many others. There are two types of
immigration relief we provide to victims of human trafficking and other crimes: T Nonimmigrant Status
(T visa)—T nonimmigrant status provides immigration protection to victims of trafficking. The T visa
allows victims to remain in the United States and assist law enforcement authorities in the investigation
or prosecution of human trafficking cases. U Nonimmigrant Status (U visa)—U nonimmigrant status
provides immigration protection to crime victims who have suffered substantial mental or physical abuse
as a result of the crime. The U visa allows victims to remain in the United States and assist law
enforcement authorities in the investigation or prosecution of the criminal activity.”
https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes.
23. This endnote has two references:
1) Caliber Associates. (2007). Evaluation of comprehensive service for victims of trafficking:
Key findings and lessons learned. Final report submitted to the National Institute of Justice. U.S.
Department of Justice.
2) Florida University Center for the Advancement of Human Rights. (2003). Florida responds to
trafficking. http://www.cahr.fsu.edu/the%20report.pdf.
 Chapter 10

Future Directions:
Current State and Future of
Trafficking in Persons
Chapter Objectives
This chapter discusses:

The Current State and Future of Trafficking in Persons

Definitional Controversy
Where Does It Happen? International as well as Domestic
Who Are the Victims of Trafficking in Persons?
The Trafficking Process: How It Happens
Estimates of Trafficking in Persons: Prevalence and Incidence
Who Are the Traffickers?
Effects of Human Trafficking and Needs of Victims
Anti-Trafficking Efforts
Future of Human Trafficking
The Current State and Future of
Trafficking in Persons
Preceding chapters examined various aspects of trafficking in persons as a crime such as its nature and
extent; historical, local, and global perspectives; differences and similarities between human trafficking and
similar crimes; various forms of trafficking; and human trafficking as a form of human trade and
exploitation for the purpose of commercializing humans for labor, sex, organs, and other profit-producing
practices. The preceding chapters also discussed conceptual frameworks, international and United States'
efforts, international and domestic laws, effectiveness of laws, and use of technology in human trafficking,
as well as criminal justice approaches to human trafficking, legal protections for victims, and penalties for
the perpetrators.
The nucleus of this chapter is to depict the current state of our understanding of trafficking at a domestic
and international level, trends, and its aftermath. The discussion focuses on the state of general
understanding of trafficking and its precursors and emergent environments and conditions that allow its
conception, manifestation, and perpetuation despite international and domestic endeavors to curb its
proliferation.
Current State of Trafficking
Based on the extant literature, laws, reports, and discussions presented in the preceding chapters, certain
assumptions can be made regarding the current state of developments in the area of trafficking in persons.
This chapter summarizes these improvements as well as areas that need further examination and future
challenges to address this crime.
Since the Palermo Protocol and the Trafficking Victims Protection Act became effective, a tremendous
amount of attention has been directed towards understanding this crime. Subsequently, several efforts have
been made to curb its progression. These efforts have been in the form of raising public awareness,
providing education and training to the first line responders—such as law enforcement officers at all levels,
attorneys, and court personnel—new laws and policies or revising existing ones to address this crime,
prosecuting the offenders, and providing support to the victims. Efforts have also been made in making
public and private funds available for public awareness campaigns, research, training, and education. Some
of these efforts include anti-trafficking campaigns through government and non-governmental
organizations. All these efforts have one goal: to address this multifaceted problem of trafficking in persons
that keeps morphing itself and re-emerging in one form or another. These endeavors have concentrated on
creating a general understanding of what is “trafficking” and how it is different from other similar acts.
Often it is confused with other acts that are closely associated with trafficking such as smuggling, illegal
immigration, prostitution, and sex crimes. Such awareness campaigns have led to a great deal of media
campaigns, anti-trafficking activism, and involvement of governments at a national as well as international
level. In addition to the Palermo Protocol from the United Nations and the United States Trafficking
Victims Protection Act in 2000, most countries have created new policies, laws, and enforcement
mechanisms to address trafficking in persons. Accordingly, literature on trafficking has burgeoned, leading
to some remarkable accomplishments in our understanding of trafficking in persons as a crime. Below is
the discussion of some of these accomplishments and improvements as well as efforts to address this
multifaceted problem.
Uniform Definition
The first and one of the most important accomplishments is a legal definition of trafficking in persons
that is universally accepted. Prior to the adoption of the United Nations Trafficking Protocol and of the
United States Trafficking Victims Protection Act (TVPA), there was no uniform definition. The field had
been strewn with inconsistencies and disagreements regarding the definition of human trafficking among
politicians, practitioners, and scholars.1 Trafficking in persons (TIP) was conceptualized, described, and
understood differently by different organizations and entities. It was interpreted differently and
interchangeably used with terms such as “slavery,” “modern slavery,” “illegal migration,” “smuggling,”
“under-age prostitution of foreigners,” “facilitated irregular migration,” “sex-slavery,” “servitude,” and
“child labor” among others. Such an interchange of different terms made it difficult to address this problem
and created an almost unsurmountable challenge in estimating how much of this crime exists, how
injurious it is to the social fabric, and how to address it. Each organization and entity involved in
addressing this problem estimated its magnitude based on the definition used to identify it. Consequently,
estimates varied from a handful of victims to several thousands, from economic loss of a few thousands to
billions of dollars. Several other assertions regarding the extent and manifestation of this crime were made,
based on the definitions that no two organizations agreed upon. Such an array of affairs confounded the
manner in which victims, perpetrators, and communities understood this crime. It also affected the manner
in which media propagated it and policy makers addressed it.
In 2000, the United Nations Organization developed and agreed to a definition for trafficking in persons.
This came to be known as United Nations or Palermo Protocol. Approximately at the same time, the U.S.
Congress also defined human trafficking by passing the Trafficking Victims Protection Act of 2000
(TVPA). Since the ratification of the UN Protocol and TVPA, there is a legal definition that is accepted as
a standard definition. This definition identifies what activities can be classified as trafficking. Trafficking
in Persons Protocol (Article 3) provided a uniformity in describing the phenomenon of trafficking in
persons. Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons
emphasized that when the recruitment, transportation, transfer, harboring, or receipt of persons is coupled
with the threat or use of force, coercion, fraud, or deception as means of achieving consent of the affected
person, then that act becomes an act of trafficking. The emphasis is on the “threat or use of force, coercion,
fraud, or deception” as means of achieving consent. This definition provided basic elements essential to
distinguish it from other crimes that may look and sound similar such as smuggling and illegal
immigration, but are fundamentally different. It demonstrated that trafficking is a process and provided a
clear and consistent overview of elements that must be present to consider it a crime. According to this
definition, the elements of human trafficking include act, means, and purpose, where act refers to the
“recruitment, transportation, transfer, harboring or receipt of persons,” means refers to “use of force,
coercion, fraud, or deception” and purpose refers to “for the purpose of exploitation.” The definition
provided a clear distinction of the acts that are trafficking acts. The Trafficking in Persons (TIP) Protocol
also provided guidance on the acts that should be criminalized as trafficking. According to Article 5 of
Trafficking in Persons Protocol, the conduct set out in Article 3 to be criminalized in domestic legislation
includes “attempts to commit a trafficking offense,” “participation as an accomplice in such an offense,”
and “organizing or directing others to commit trafficking.” The article also defined “exploitation” and
explicated that exploitative acts are not limited to sexual exploitation but inclusive of “forced labor or
services, slavery or practices similar to slavery, servitude or the removal of organs.” This transformed our
understanding of trafficking which for a long time had only been perceived and propagated in terms of
sexual exploitation of young girls and women transported to rich countries from poor countries. No
attention was paid to other victims or other forms of exploitation.
Where Does It Happen?
International as Well as Domestic
The extant literature demonstrates that, contrary to common misperceptions, it is a crime that has
penetrated almost every corner of the world in one form or another. Almost all countries participate in
perpetuation of this crime. Some countries are the origin, others are the destination, while others are the
countries that serve as interim place holders when the victims are in transit. Regardless of their role served,
as origin, destination, or place holder, all countries consume goods and services shaped, produced, or
manufactured by the victims of trafficking in persons. Thus, everyone participates in its conception,
manifestation, and perpetuation, making it more challenging to effectively address. Both the perpetrators
and victims of this crime can be located in almost all countries of the world.2,3 Often the crime of
“trafficking in persons” has been associated with transnational criminal organizations, small criminal
networks and local gangs, violations of labor and immigration codes, and government corruption.4
Who Are the Victims of Trafficking in Persons?
As discussed throughout the book in various chapters, our understanding regarding the act of trafficking
as a crime has considerably increased during the last 20 years. We now understand and address trafficking
in persons as exploitation of human beings for labor, sex, servitude, and removal of body organs. It has
expanded from only sexual exploitation of women and little girls to exploitation of men, women, boys, and
girls with the threat or use of “force,” “fraud,” or “coercion” to obtain victims' consent. It is not limited to
only sexual exploitation but encompasses other acts of exploitation, such as various types of labor,
servitude, forced removal of body organs, etc. It refers to the situations where victims are trapped and
cannot or are not allowed to leave their exploitative situations. It is understood now that a victim cannot
consent to human trafficking. Even if the victim initially consented to commercial sex or a labor setting
prior to acts of force, fraud, or coercion (or if the victim is a minor in a sex trafficking situation), which
may have been given or obtained using manipulation, false promises, and or other tactics such as playing
on the victims' desperate situation, it is not relevant to the crime, nor is the payment.
It is also clearly understood that victimization is not limited to women and young girls but is inclusive of
adult men and women as well male and female children. Victims are no longer only poor, naïve,
unemployed, and uneducated humans. Rather they come from all walks of life, including middle and high
socioeconomic status, people with varied levels of education and professional degrees, the employed
looking for better paying jobs and advancement, or the unemployed looking for jobs. Almost anybody can
be victimized and trapped in a trafficking web. In general, traffickers seek to target those who are most
vulnerable—the young and the desperate who can be easily manipulated5 regardless of their citizenship,
immigration status, socioeconomic status, or education level. They are indiscriminative in their selection of
targets and victimize anybody who is vulnerable and can be easily manipulated. Their only motivation is
greed.
The Trafficking Process: How It Happens
It is widely accepted and understood now that trafficking can be an international as well as a domestic
enterprise. Though transportation across borders may be an important element in many cases, it by no
means is an essential element of trafficking. Contrary to commonly held perceptions that trafficking is
exploitation of foreign nationals, especially illegal and undocumented immigrants from other countries
(mainly from poor and developing nations), it is now believed that trafficking can happen within the same
country. Victims do not have to be illegal immigrants. Legal immigrants and/or indigenous citizens of a
nation are equally vulnerable to trafficking. It does not necessarily have to involve transportation of
foreigners across borders, rather citizens of a country can be trafficked within the same country. It does not
have to happen in poor and developing countries only, rather it happens in all countries—including the
developed and rich countries.
Estimates of Trafficking in Persons:
Prevalence and Incidence
Presently, as a result of the legal definition provided by the UN Protocol and TVPA, there is some
distinction between trafficking, smuggling, migration, illegal migration, forced migration, or slavery.
Twenty years of research, laws, protocols, and conventions have identified each of these acts and
demonstrated their unique attributes that distinguish one from the other. Though there may be some overlap
in some cases, generally trafficking as a crime can be isolated from other crimes. Our understanding of who
are the trafficking victims has also improved. Our ability to isolate trafficking victims from victims of other
crimes has resulted in better and more reasonable estimates.
Who Are the Traffickers?
As compared to twenty years ago—prior to the ratification of TIP Protocol and TVPA—today there is a
little bit more clarification on who the traffickers are. It is now understood that trafficking can and does
occur in legal and legitimate business settings as well as underground markets. Contrary to the commonly
held perceptions that it is an underground industry organized and run by some big criminal organizations,
such as “the mafia,” it is an industry that is run as an organized crime as well as a small business—the kind
of “mom and pop” operation run by two or more people in a small rural or urban neighborhood. It is an
intricate and multifaceted crime that many times occurs right in front of our eyes but remains hidden. It is
often cloaked and presented as a legitimate normal business. Traffickers can be big criminal organizations,
or your neighborhood store owners, your neighbors, or respected doctors in reputed hospitals—just to name
a few. Just as anybody can be a victim, anybody can also be a trafficker. All that is needed is greed and
motivation. Trafficking as a business is run similarly to a regular business enterprise. It can be run as a
small business or a large, complex, corporate business. “Traffickers could range from small-time, solo
operators to loose networks of criminals, to highly sophisticated criminal organizations that operate
internationally.”6 Exploitation of trafficking victims occurs in many different forms and settings.
According to the UNICEF (2016), labor trafficking occurs in a wide variety of industries—such as
restaurants, bars, hotels, agriculture, construction, traveling sales crews—and sex trafficking is facilitated
in numerous ways through brothels, strip clubs, escort and message services, pimp controlled prostitution
on the streets and on the internet.7
Effects of Human Trafficking and
Needs of Victims
Twenty years of research and reports have also made us aware of the aftereffects of victimization
manifested in victims. These effects expand beyond physical health. These include psychological,
psychiatric, and emotional health problems. The survivors require various types of services. All victims
need assistance with basic needs, such as safe environment, food, shelter, and clothing. In addition to these
basic needs, they may require emotional and moral support, legal assistance, and physical and mental
health services. Victims go through traumatic experiences and may suffer from depression and other related
disorders. They may need assistance with finding employment and reintegrating in society. Thus, programs
and policies are needed to cater to the victims' needs.
In sum, our current knowledge of trafficking in persons ascertains the following:
1) It permeates all corners of virtually every country in every region of the world. It is a global crime
that is not bound by any geographical or demographic boundaries. Both the perpetrators and victims
of this crime can be located in almost all countries of the world.8,9
2) It engenders conditions of exploitation and severe human rights violations. Greed—not human
welfare, rights, or compassion—drive this enterprise, and victims are exploited for economic gain. It
is an enterprise that violates basic human rights and deprives victims of their rights to life and liberty
in order to make profits. Its classification as a crime and a human right violation renders it a
multifaceted problem requiring a multidimensional response.
3) Socially, economically, and politically marginalized individuals are especially vulnerable to the
fraudulent, cruel, and innovative ploys of the traffickers.
4) It has the ability to morph itself into forms that are difficult to recognize and allow it to stealthily and
legally penetrate society. Its pervasive and multifaceted nature allows its existence without being
identified or recognized. It adapts to the existing social and economic environment so as to remain
hidden or rematerialize in a new and more forceful form.
5) It's aftereffects are manifested in all aspects of victims' lives—including their physical and mental
health.
6) Victims' needs expand beyond basic needs of safety, food, shelter, and clothing. They need assistance
in almost all aspects of life to become whole and be integrated in society.
7) Despite many laws, protocols, anti-trafficking campaigns, and other significant efforts, its presence is
felt everywhere.
8) It is a such a complex and multifaceted crime that international communities have to combine and
coordinate their efforts to address it. Due to its complexity, no single state or agency can respond
effectively to this population.
Such is the state of our understanding of this crime.
Anti-Trafficking Efforts
Development in the current understanding of trafficking has made it clear that it is a complex and
multifaceted crime that mandates a comprehensive, coordinated, and multidisciplinary response at the
international as well as state level.10 Consequently, various agencies from the fields of criminal
enforcement, labor enforcement, victim outreach and services, public awareness, education, trade policy,
international development and programs, immigration, intelligence, and diplomacy have coordinated their
efforts to address the challenges created by this crime.
Legal efforts to prosecute and punish offenders and protect victims can be found in international and
national laws related to human trafficking. The international community (UN) and United States, as well as
almost every country in the world, have some laws prohibiting and outlawing human trafficking.
According to the United Nations, 134 countries have criminalized trafficking.11 The UN Protocol, TVPA,
and other similar laws provide guidance and facilitate prosecution and punishment of offenders and
protection of victims. Every country has laws condemning this crime. The United States has a separate
office—the Office to Monitor and Combat Trafficking in Persons (OMCTIP)—that provides assistance in
combating trafficking and monitors efforts made to combat it. This office coordinates anti-trafficking
efforts and partners with foreign governments, international organizations, civil societies, and the private
sector to develop and implement effective strategies. The OMCTIP is responsible for bilateral and
multilateral diplomacy, targeted foreign assistance, and public engagement on trafficking in persons.12 The
OMCTIP pursues policies, partnerships, and practices that uphold the 3P paradigm of prosecuting
traffickers, protecting victims, and preventing trafficking in accordance with the United Nations Palermo
Protocol to Prevent, Suppress and Punish Trafficking in Persons.13 As set forth in the UN Protocol,
authorized by the UN, and mandated by the TVPA, the United States has created an evaluation system
called the Tier System. The U.S. Department of State evaluates each country's efforts towards controlling
and preventing trafficking in persons and places each country onto one of the tiers, as mandated by the
TVPA.
Other efforts include several campaigns, initiatives, and programs in different countries. All these efforts
are based on the principles of the Palermo Protocol and the TVPA. These efforts have been discussed in
detail in Chapter 6. The coordinated efforts of the inter-agency initiative have dismantled organized
criminal networks to a great extent.
Future of Human Trafficking
As discussed above, although enormous anti-trafficking efforts have resulted in remarkable
accomplishments, this crime of trafficking continues to progress and remerge in different forms.
Traffickers find more ways to exploit human beings for profit. Elderly guardianship and trafficking
pregnant women to sell babies are some of the new forms of trafficking. Thus, a great deal still needs to be
done.
Significant issues related to human trafficking that still need to be addressed are discussed below.
A significant fact to be noted is that although there exists an enormous amount of written materials on
human trafficking, there is a lack of evidence-based empirical research. The majority of the extant literature
on this topic is anecdotal or sensationalistic, scholarly articles in form of general overviews of the problem,
or critiques of the literature.14 Many of the estimates on the extent of trafficking and aftermath originate
and are based on the information extracted from the assertions of government agencies and international
organizations without any substantiation.15,16,17 Future efforts should focus on evidence-based and
methodologically sound empirical research. The estimates should also be based on evidence and officially
substantiated sources.
Another issue in need of attention is the focus of anti-trafficking efforts. These efforts need to focus on
all types of trafficking—including labor and other newly emerging forms of trafficking. So far, the majority
of anti-trafficking efforts, policies, and media, as well as law enforcement tactics have focused on the
problem of sexual exploitation (Chuang 2010; UNODC 2006, 2012). As discussed throughout the book,
humans are trafficked for exploitation in all kinds of services—sex is only one type. Prevention and control
efforts should include all other types of exploitations.
Future efforts should also interpret trafficking in the context of human rights. Besides being a violation
of state and international law, trafficking also entails a range of human rights violations. It should be
classified as a crime and a human right violation. Efforts need to be made to understand its multifaceted
nature and its ability to morph itself. Trainings for the first line responders (such as local law enforcement,
immigration and border authorities, transportation and aviation authorities, and social workers, as well as
others) should include cues to recognize and identify victims of various forms of exploitation that remain
hidden as they exist as routine service providers.
Future efforts should include strategies that will prevent regeneration and transmutation of trafficking
into a more complex problem. The identified victims should be provided adequate protection and services
and traffickers should be prosecuted and punished severely. Lack of such response will re-victimize the
individuals who escape trafficking situations.18
It should also be noted that future response to trafficking as a crime and human rights violation should be
comprehensive, coordinated, and integrated. It needs to be recognized that no one agency or one state can
tackle a multifaceted problem like human trafficking. The governmental and non-governmental agencies
need to cooperate, collaborate, and share information as well as resources in order to respond to the
challenges posed by trafficking. Service providers and service providing agencies should collaborate and
formulate partnerships with law enforcement, medical and mental health providers, immigration attorneys,
and local ethnic community leaders to confront this problem. There should be a united, not fragmented,
front to undertake the task of eradicating this crime.
The ultimate goal of future efforts should be identifying underlying causes that force humans to become
sources of surplus supply and easy targets for trafficking. Strategies should be to confront the social,
political, and economic environments that are conducive to the conception, manifestation, and perpetuation
of trafficking. The focus of eradication should begin with the extinction of circumstances that create high
demand and surplus supply. The international community should come together and confront trafficking on
a united front.
Discussion Questions
1) Discuss future strategies to curb trafficking.
2) Identify at least two aspects of human trafficking that need to be addressed.
3) Find a local, national, or international newspaper that has discussed the newest forms of
trafficking tactics traffickers use to trap victims. Write your opinion on these new forms and
bring to class to discuss.
References
Adelman, M. R. (2003). International Sex Trafficking: Dismantiling the Demand. S. Cal. Rev. L. &
Women's Stud., 13, 387.
Bales, K., & Lize, S. (2005). Trafficking in persons in the United States. Croft Institute for International
Studies, University of Mississippi.
Barnhart, M. H. (2009). Sex and slavery: An analysis of three models of state human trafficking
legislation. Wm. & Mary J. Women & L., 16, 83.
Green, P., & Grewcock, M. (2002). War against Illegal Immigration: State Crime and the Construction
of a European Identity, The. Current Issues Crim. Just., 14, 87.
Heiges, M. (2009). From the Inside Out: Reforming State and Local Prostitution Enforcement to
Combat Sex Trafficking in the United States and Abroad. Minn. L. Rev., 94, 428.
Kim, K. (2007). Psychological coercion in the context of modern-day involuntary labor: Revisiting
United States v. Kozminski and understanding human trafficking. University of Toledo Law Review,
38(3).
Kotrla, K. (2010). Domestic minor sex trafficking in the United States. Social work, 55(2), 181–187.
Kutnick, B., Belser, P., & Danailova-Trainor, G. (2007). Methodologies for global and national
estimation of human trafficking victims: current and future approaches. ILO.
Raymond, J. G., Hughes, D. M., & Gomez, C. J. (2001). Sex trafficking of women in the United States.
International sex trafficking of women & children: Understanding the global epidemic, 3–14.
Richard, S. (2004). State legislation and human trafficking: Helpful or harmful. U. Mich. JL Reform, 38,
447.
Schauer, E. J., & Wheaton, E. M. (2006). Sex trafficking into the United States: A literature review.
Criminal Justice Review, 31(2), 146–169.
Further Suggested Readings
Brennan, D. (2005). Methodological challenges in research with trafficked persons: Tales from the field.
International Migration, 43(1 2), 35–54.
Bush, G. W. (2009). The national security strategy of the United States of America. Wordclay.
Flowe, M. (2009). International Market for Trafficking in Persons for the Purpose of Sexual
Exploitation: Analyzing Current Treatment of Supply and Demand, The. NCJ Int'l L. & Com. Reg.,
35, 669.
Logan, T. K., Walker, R., & Hunt, G. (2009). Understanding human trafficking in the United States.
Trauma, Violence, & Abuse, 10(1), 3–30.
Overbaugh, E. (2009). Human trafficking: The need for federal prosecution of accused traffickers. Seton
Hall L. Rev., 39, 635.
Patrick, S. (2006). Weak states and global threats: Fact or fiction?. Washington Quarterly, 29(2), 27–53.
Piper, N. (2005). A Problem by a Different Name? A Review of Research on Trafficking in South East
Asia and Oceania. International migration, 43(1 2), 203–233.
Potts Jr, L. G. (2003). Global trafficking in human beings: assessing the success of the United Nations
Protocol to Prevent Trafficking in Persons. Geo. Wash. Int'l L. Rev., 35, 227.
Shanty, F., & Mishra, P. P. (2008). Organized crime: from trafficking to terrorism (Vol. 1). Abc-clio.
Sharma, N. (2005). Anti-trafficking rhetoric and the making of a global apartheid. NWSA Journal, 17(3),
88–111.
Smith, H. M. (2011). Sex trafficking: trends, challenges, and the limitations of international law. Human
Rights Review, 12(3), 271–286.
Truong, T. D. (2006). Poverty, gender and human trafficking in Sub-Saharan Africa: Rethinking best
practices in migration management.
Vance, C. S. (2011). States of contradiction: Twelve ways to do nothing about trafficking while
pretending to. social research, 78(3), 933–948.
Weitzer, R. (2011). Sex trafficking and the sex industry: The need for evidence-based theory and
legislation. The Journal of Criminal Law and Criminology (1973–), 101(4), 1337–1369.
Wilson, D. G., Walsh, W. F., & Kleuber, S. (2006). Trafficking in human beings: Training and services
among U.S. law enforcement agencies. Police Practice and Research, 7(02), 149–160.
Notes
1. This endnote has two references:
1) Laczko, F., & M. A. Gramegna. (2003). Developing better indicators of human trafficking.
The Brown Journal of World Affairs, 10(1), 179–194.
2) Richard, A. (1999). International trafficking in women to the United States: A contemporary
manifestation of slavery and organized crime. The Center for the Study of Intelligence.
2. Europol. (2005). Legislation on trafficking in human beings and illegal immigrant smuggling.
Europol Public Information.
3. Miko, F. T., & G. Park. (2001). Trafficking in women and children: The U.S. and international
response—Updated August 1, 2001. Federal Publications, 55.
4. Richard, A. (1999). International trafficking in women to the United States: A contemporary
manifestation of slavery and organized crime. The Center for the Study of Intelligence.
5. U.S. Department of State. (2015). What is modern slavery? http://www.state.gov/j/tip/what/.
6. Shelley, L. (2010). Human trafficking: A global perspective. Cambridge University Press.
7. UNICEF, United States Fund. Children First. (2016). End Trafficking, Fast Facts.
https://www.unicefusa.org/sites/default/files/End%20Trafficking%20OnePager-%202016.pdf.
8. Europol. (2005). Legislation on trafficking in human beings and illegal immigrant smuggling.
Europol Public Information.
9. Miko, F. T., & G. Park. (2001). Trafficking in women and children: The U.S. and international
response—Updated August 1, 2001. Federal Publications, 55.
10. U.S. Department of State. (2016). Review of the 2016 Trafficking in Persons Report. State
Department Testimony of Ambassador Susan Coppedge for the Senate Foreign Relations Committee.
11. UNODC. (2012). Global report on trafficking in persons. Vienna: United Nations.
12. Office to Monitor and Combat Trafficking in Persons, U.S. Department of State.
http://www.state.gov/j/tip/.
13. UN General Assembly. (2000). Protocol to prevent, suppress and punish trafficking in persons,
especially women and children, supplementing the United Nations convention against transnational
organized crime. Resolution 55, 25.
14. Weitzer, R. (2014). New directions in research on human trafficking. The ANNALS of the
American Academy of Political and Social Science, 653(1), 6–24.
15. Zhang, S. X. (2009). Beyond the ‘Natasha’ story–a review and critique of current research on sex
trafficking. Global crime, 10(3), 178–195.
16. Zhang, S. X. (2012). Measuring labor trafficking: A research note. Crime, Law and Social
Change, 58(4), 469–482.
17. Gozdziak, E. M., & E. A. Collett. (2005). Research on human trafficking in North America: A
review of literature. International Migration, 43(1 2), 99–128.
18. Pearson, E. (2002). Human traffic, human rights: Redefining victim protection. Anti-Slavery
International.
 Glossary and Acronyms

Abuse of Power: Exert undue influence on someone because of one's position of power. Exploit and/or
take undue advantage of someone with less power by a person who has a position of authority.
Airline Ambassadors International: A program that offers a human trafficking awareness program to
educate airport staff about the problem of human trafficking.
American Bar Association (ABA): A voluntary bar association of lawyers and law students, which is
not specific to any jurisdiction in the United States. It was founded August 21, 1878.
Anomie: Chaotic and lawlessness.
Anomie Theory: A theory that purports that the common individualistic goal of “monetary success at
all costs” encourages and facilitates an environment conducive to developing and using innovative
ways of making a profit. Often this innovation manifests in the form of criminal enterprises—such as
trafficking.
Arbitration: The settling of disputes (especially labor disputes) between two parties by an impartial
third party, whose decision the contending parties agree to accept.
The Arizona League to End Regional Trafficking: A coalition representing partnerships with law
enforcement, faith-based communities, nonprofit organizations, social service agencies, attorneys, and
concerned citizens.
Biometric Technology: The type of technology that measures and analyzes physical attributes such as
facial features and voice or retinal scans. Currently, biometric technology is used to ensure that
documents are unforgeable. These measures use physical characteristics of a person to verify their
identity. The most common biometrics include fingerprints, iris scans, hand geometry, voice
recognition, and face recognition.
Black Market: Refers to businesses that run illegally and are kept secret from legal entities such as
government so as to conduct business that is prohibited by the law, avoid following business laws,
exploit people and their situations, and make enormous profits with the least cost or investment.
Bondage: Situations in which individuals are forced, coerced, or compelled to continue providing
services without adequate remuneration. It is very similar to slave-like services.
Bonded Labor: A form of slavery where a person becomes a bonded laborer when their labor is
demanded as a means of repayment for a loan which he/she or the family had taken. The person is
coerced, forced, or defrauded into providing services without any wages as a repayment of a debt
taken.
Brokering Functions: Refers to the function of advertising and spreading the word about the benefits
of organ sales among possible organ suppliers and recipients and establishing contacts with organ
brokers.
Brokers: People who work in finding, recruiting, and matching a vulnerable, inadequately informed, or
totally uninformed organ donor to a recipient.
Capitalism Theory: This theory is based on the principles of capitalism. In the context of globalization,
it demonstrates the normalcy of exploitation of labor by justifying the inception, existence,
perpetuation, and proliferation of trafficking in persons as an act as well as a process.
Charter of Fundamental Rights of the European Union, (2000/C 364/01) Article 1 on Human
 Dignity and Article 3 on the Right to the Integrity of the Person: Prohibition on making the human
body and its parts as such a source of financial gain.
Child Exploitation Tracking System (CETS): A collaborative global law enforcement program for
child pornography investigations. This system enables law enforcement officers from different
departments in different countries to collaborate in the pursuit of pedophiles and in the rescue and
repatriation of abused children.
Child Labor: Refers to the employment of a child in a business or industry especially in violation of
state or federal statutes prohibiting the employment of children under a specified age. It is the work
that harms children or keeps them from attending school.
Coercion: Forcing someone to comply through the threat of serious harm or physical restraint against
the person.
Commercial Sex Act: Any sex act on account of which anything of value is given to or received by any
person.
Commodification of Humans: Treating human beings as commodities with the objective of making a
profit. Human beings are considered property-like commodities to be bought and sold like inanimate
objects.
Communications Technology: Information technology which stresses the role of unified
communications and the integration of telecommunications (telephone lines and wireless signals) and
computers.
Compelled Service: Refers to servitude. The Palermo Protocol describes compelled service using a
number of different terms, including involuntary servitude, slavery or practices similar to slavery, debt
bondage, and forced labor.
Compulsory Labor: All work or service which is exacted from any person under the menace of any
penalty and for which the said person has not offered himself voluntarily.
Conceptual Framework: Refers to an analytical tool with several variations and contexts. It is used to
make conceptual distinctions and organize ideas. Strong conceptual frameworks capture something
real and do this in a way that is easy to remember and apply.
Conflict Theory: Power and control create conflict between those who have power and control and
those who do not. Social, political, or material inequality among different groups allows the powerful
to control activities and movements of those without any or with little power. Social inequality is
created by the rich and powerful in order to maintain their own power and wealth. They create social
structures that are geared towards maintaining the unequal distribution of power and wealth and
blocking all possibilities of exit or upward mobility for poor classes.
Conspiracy: A secret plan by a group to do something unlawful or harmful.
Contemporary Slavery: Refers to the contemporary situations where people are exploited and forced to
work through violence for the most minimum or no pay.
Continued Presence: A one-year form of immigration relief that federal law enforcement officials
request on behalf of the victim.
Council of Europe (CoE) Convention against Trafficking in Human Organs: This is the only
international treaty that specifically deals with trafficking in human organs, seeking to prevent and
combat trafficking in human organs, to protect the rights of victims and to facilitate co-operation at
both national and international levels.
Council of Europe (CoE) Convention on Action against Trafficking in Human Beings: A regional
human rights treaty of international human rights law. Its main functions are: to prevent and combat
all forms of human trafficking, to protect and assist victims and witnesses of trafficking, to ensure
 effective investigation and prosecution, and to promote international co-operation against trafficking.
Council of Europe (CoE) Convention on Cybercrime: The first international treaty that sought to
address Internet and computer crime by harmonizing national laws, improving investigative
techniques, and increasing cooperation among nations. This was drawn up during 109th Session on
November 8, 2001, in Strasbourg, France.
Council of Europe (CoE) Convention on Human Rights and Biomedicine (the Oviedo
Convention): CETS 165 (4 April 1997); prohibits sale and purchase of organs. Article 21 of the
Convention states that “the human body and its parts shall not, as such, give rise to financial gain.”
Covert: Not in plain view. Hidden and deceptive.
Criminal Code: Also known as penal code. It is a document which compiles all, or a significant amount
of, a particular jurisdiction's criminal law.
Criminal Networks: Groups or organizations involved in crime.
Cybercrime: Crime conducted via the Internet or some other computer network.
Dark Side: Negative or bad side often not known or noticed.
Debt Bondage: A pledge by a debtor of his personal services or of those of a person under his control as
security for a debt.
Debt Repayment Schemes: A plan or action of repaying debts, or a single payment made towards
paying off a debt.
Deceased Donor Programs: Programs that organize organ donations from the deceased and live
donors.
Deception: Making someone believe something that is not true.
Declaration of Independence: One of the founding documents of the United States, proclaiming that
“all men are created equal, [and] that they are endowed by their Creator with certain unalienable
rights.”
Declaration of Istanbul on Organ Trafficking and Transplant Tourism (2008): According to this
declaration, member states are advised to take measures to protect the poorest and vulnerable groups
from “transplant tourism” and the sale of tissues and organs, including attention to the wider problem
of international trafficking in human tissues and organs.
Defraud: To take something illegally from a person or company, to trick or cheat someone or
something in order to get money: to use fraud in order to get money from a person, an organization,
etc.
Department of Homeland Security (DHS): The new agency into which INS was folded effective
March 1, 2003. The benefits functions of the former INS transferred to USCIS, while the enforcement
functions transferred to Customs and Border Protection and Immigration and Customs Enforcement.
Deportation: The formal removal of an immigrant from the United States when the immigrant has been
found removable for violating immigration law. Deportation is ordered by an immigration judge
without any punishment being imposed or contemplated. Prior to April 1997, deportation and
exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, immigrants in and
admitted to the United States may be subject to removal instead of deportation.
Destination Countries: Countries where the victims are finally taken and put to work and where the
exploitation takes place.
Deviant Place Theory: According to this theory, even if victims do not actively engage or solicit the
help of perpetrators that may increase their chances of becoming trafficking victims, the areas they
 live in may increase probability of their victimization.
Discrimination: An unjust or prejudicial treatment of different categories of people or things, especially
on the grounds of race, age, or sex.
Document Forgers: People who are skilled in providing falsified passports and entry visas, fake
marriage certificates, false work contracts with multinational firms and shipping companies, or false
documents relating to studies at universities and colleges, requests for family reunions, or visits for
medical treatment.
Domestic Human Trafficking: When individuals are trafficked within a country and they do not need
to cross international borders, then that is commonly referred to as domestic human trafficking.
Domestic Servitude: A form of human trafficking found in distinct circumstances—where victims are
forced to perform all kinds of domestic chores (cooking, cleaning, child rearing, etc.) and they are not
free to leave.
Domestic Violence: Refers to the situations where there is violence between members of a family or
people living in the same home.
Duress: Refers to the unlawful pressure exerted upon a person to coerce that person to perform an act
that he or she ordinarily would not perform. It can also be situations where a person is coerced by the
wrongful conduct or threat of another to enter into a contract under circumstances that deprive the
individual of his or her volition.
Economic Globalization: Refers to the increased flow of capital and people, and the extension of
production and distribution networks around the world.
Economic Theory of Value: In this theory, profit is the driver behind capitalist production. This theory
purports that a capitalist buys individual labor with an understanding that the capitalist has the right to
make use of the bought labor for a particular period of time in order for the capitalist to keep making
profits and ensuring that the workers receive wages.
Enslavement: The process of making someone a slave; the process of controlling someone such that the
person is not free.
Exploitation: The action or fact of treating someone unfairly in order to benefit from their work.
Exploitation of Humans: Treating human beings in such a manner that their welfare is ignored and
they are used to produce maximum profits for their employer/owner/master.
Face Recognition Technology: The type of technology that uses a formula to determine whether a live
image of a face matches the electronically stored image of that person.
Facilitated Irregular Migration: Refers to the act of someone assisting and facilitating movement of a
person or a group of persons, either across an international border, or within a state.
Faith-Based Organization: A group of individuals united on the basis of religious or spiritual beliefs.
False and Authentic Documents Online (FADO): A European image-archiving system was enacted in
1998. It was established by a Joint Action of the Council of the European Union to help combat illegal
immigration and organized crime. It is a computerized system with restricted access providing fast and
secure information exchange between the General Secretariat of the Council of the European Union
and between document experts in the European Union member states, Iceland, Norway, and
Switzerland.
False Arrests: Refers to a common law tort, where a plaintiff alleges he or she was held in custody
without probable cause, or without an order issued by a court of competent jurisdiction. Although it is
possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private
security firms.
Federal Statute: Refers to a law enacted by Congress. It is the written will of Congress as expressed
formally by an act of Congress. Generally, a bill is passed by Congress and signed by the president,
when it becomes a federal statute.
Forced Exploitation: Refers to the condition of a person (the victim) who is forced to provide labor or
services through the use of coercion, threat, or deception. A person in such a situation does not have
personal autonomy and does not have the capacity to make decisions to leave the exploitative
situation.
Forced Labor: Forced labor is a situation in which victims are forced to work against their own will,
under the threat of violence or some other form of punishment, their freedom is restricted and a degree
of ownership is exerted. Forms of forced labor can include domestic servitude; agricultural labor;
sweatshop factory labor; janitorial, food service and other service industry labor; and begging. (Labor
Trafficking Fact Sheet
—https://www.acf.hhs.gov/sites/default/files/orr/fact_sheet_labor_trafficking_english.pdf)
Forced Marriage: A form of marriage where one or both of the persons getting married are coerced,
forced, or deceived into marriage and the person getting married does not have the power to refuse or
end the marriage. The person is maintained in marriage through coercion.
Forced Migration: Involuntary movements of refugees and internally displaced people (those displaced
by conflicts) as well as people displaced by natural or environmental disasters, chemical or nuclear
disasters, famine, or development projects.
Forced Prostitution: Refers to conditions of control over a person who is coerced by another to engage
in sexual activity. It is also known as involuntary prostitution, prostitution, or sexual slavery that takes
place as a result of coercion, force, or fraud.
Foreigners: People born in another country than the country of their residence. They are also persons
not native to or naturalized in the country or jurisdiction.
Four Main Tenets of the “American Dream”: Achievement, Individualism, Universalism, and
Materialism.
Free2Work: A campaign developed by the Not for Sale Campaign. It is a mobile phone application that
provides information on forced and child labor related to particular companies and brands.
General Strain Theory: According to general strain theory, people feel trapped in poverty and
desperate situations and believe that in their local communities, they do not have any chance of ever
getting out of poverty. They may experience a range of negative emotions including desperation,
which leads them to traffickers. This theory hypothesizes that strains or stressors increase the
likelihood of negative emotions like anger and frustration leading to crime.
Glamorous: Refers to something or someone charming, |fascinating, or attractive, especially in a
mysterious or magical way. Something or someone full of excitement, adventure, and unusual activity
is also known as glamorous.
Global Crime: Crime that transcends all geographical and demographic boundaries. It happens
indiscriminately in all parts and all countries of the globe.
Global Health Issue: Refers to a health issue or a problem that affects people all over the world.
Global Initiative: An introductory act or step leading to global action involving all countries of the
globe.
Globalization: A process of interaction and integration among the people, companies, and governments
of different nations, a process driven by international trade and investment and aided by information
technology.
Global Missing Children's Network: A multilingual database featuring photos of and information
 about missing children from around the world. It was launched in 1998 as a joint program of the
National Center for Missing & Exploited Children and the International Centre for Missing &
Exploited Children.
Global Perspectives: Refers to situations believed to be related to the rest of the entire world rather than
limited to one nation.
Global Poverty: A general scarcity of material possessions or money around the globe.
Guest Worker Programs: Refers to those programs under which employers are authorized to import
unskilled labor from other countries for temporary or seasonal work lasting less than a year.
Guiding Principles for Human Cell, Tissue and Organ Transplant: Refers to the first WHO
“Guiding Principles on Transplantation,” endorsed by the Assembly in 1991 in Resolution WHA
44.25. These guiding principles have greatly influenced professional codes and practices as well as
legislation around the world during almost two decades. These guidelines were endorsed and updated
by the 63rd World Health Assembly in May 2010 through resolution WHA 63.22 and identifying
areas of progress to optimize donation and transplantation practices. These principles govern the
removal of organs from both deceased and living donors for the purpose of transplantation. They
provide key international standards.
Hacking: Use of a computer to gain unauthorized access to data in a system.
Hidden in Plain Sight: Crime that happens right in the open yet generally goes undetected or
documented.
High-Risk Lifestyles: These refer to lifestyles that enhance the victimization risk. Addiction to drugs or
alcohol or being a runaway, homeless, or easily tempted by a glamorous lifestyle are indicative of a
high-risk lifestyle.
Human Exploitation: Taking advantage of one human being by another for the purposes of making a
profit.
Human Rights Violation: Refers to the violation of basic rights and freedoms to which all humans are
considered to be entitled, such as the rights to life, liberty, equality, and a fair trial, freedom from
slavery and torture, and freedom of thought and expression.
Human Trafficking: A process by which people are recruited in their community and exploited by
traffickers using deception and/or some form of coercion to lure and control them.
Human Trafficking Legislation: Laws, bills, statutes, rules, decrees, conventions, protocols, treaties
and similar regulations that address human trafficking.
Human Trafficking Prosecution Unit: This unit was created within the Criminal Section the Civil
Rights Division. This consolidates the expertise of some of the nation's top human trafficking
prosecutors and these prosecutors work closely with Assistant United States Attorneys and law
enforcement agencies to streamline fast-moving trafficking investigations.
Human Trafficking Ring: Refers to a group of people engaged in trafficking of people for exploitation.
A group of people engaged in the trade and exploitation of people as well as movement of the person
from one place to another for the purposes of exploitation.
Human Trafficking Task Force: A group of experts working together to investigate and submit a
formal report on trafficking.
Illegal Migration: Refers to the migration of people across borders in a way that violates the
immigration laws of the destination country.
Illicit: Unlawful, not legally permitted or authorized; unlicensed; disapproved of or not permitted for
moral or ethical reasons.
Immigration and Customs Enforcement (ICE): Responsible for enforcement within the interior of the
nation, and includes functions of the Customs Service, Federal Protection Service, and the
investigative and enforcement functions of the former INS (other than those border functions assumed
by CBP).
Individual Liberty: A state of being free; enjoying various social, political, or economic rights and
privileges.
Industrial Capitalism: Refers to an economic and political system characterized by a free market for
industrial goods and services and private control of production and consumption.
Industrialization: A process by which an economy is transformed from primarily agricultural to one
based on the manufacturing of goods. Individual manual labor is often replaced by mechanized mass
production, and craftsmen are replaced by assembly lines.
Inhumane Living Conditions: Refers to the substandard living conditions that lack basic standards and
compassion. Such living conditions pose grave risks to the health and safety of the humans subjected
to such conditions.
Interagency Task Force: A task force made up of representatives of more than one agency to
coordinate federal efforts to combat trafficking in persons.
International Campaigns: A series of coordinated international activities, designed to achieve a social,
political, or commercial goal.
International Justice Mission: This program offers services and programs to protect the poor from
violence in the developing world.
International Organization for Migration (IOM): This organization was established in 1951. It is the
leading inter-governmental organization in the field of migration and works closely with
governmental, intergovernmental, and non-governmental partners. It works in the four broad areas of
migration management: (1) migration and development; (2) facilitating migration; (3) regulating
migration; and (4) forced migration.
International Protocol: An international agreement that supplements or amends a treaty.
International Treaties: Series of formal written agreements between two or more nations.
INTERPOL: The world's largest international police organization, with 190-member countries today. It
was officially created in 1923 as the International Criminal Police Commission. The organization
became known as INTERPOL in 1956. Its main function is to facilitate international police
cooperation even where diplomatic relations do not exist between particular countries.
Interpol Child Image Database (ICAID): A system maintained and housed at the Interpol General
Secretariat. The image banks of law enforcement agencies around the world contribute images to
facilitate global investigations of child sexual exploitation.
Intra-State Domestic Trafficking: Transportation of people within states for exploitation through by
force, fraud, or coercion.
Investigation: A formal and official systematic, minute, and thorough attempt to learn the facts about
something complex or hidden.
Involuntary Servitude: A form of exploitation in which unscrupulous employers exploit workers and
treat them as servants. A scheme, plan, or pattern is intended to convince a person that if the person
did not comply, that person or another person would suffer serious harm. It is a form of human
trafficking found in distinct circumstances—working in an environment against one's will and without
any compensation—that creates unique vulnerabilities for victims.
Justice for Victims of Trafficking Act of 2015 (S 178): Passed by the US Senate with a vote of 99–0
on April 22, 2015. This section expands the definition of “child abuse” under the Victims of Child
 Abuse Act of 1990.
Labor Certification: All foreigners are required to be eligible to work in the United States. Labor
Certification is a requirement for the employers seeking to employ foreigners whose immigration to
the United States is based on job skills or nonimmigrant temporary workers coming to perform
services for which qualified United States citizens and authorized workers are not available.
Labor Trafficking: Exploitation of people in providing services in various types of industries,
including the sex industry, by the use or threat of force, fraud, or coercion.
Language Barrier: Difficulties faced when communicating with others while speaking different
languages.
Lawful Permanent Resident: Immigration status of a person authorized to live and work legally in the
country of residence.
Legal Permanent Resident (LPR): An immigrant who has the right to live permanently in the US
“Green Card” holders are LPRs. LPRs are also called permanent residents or resident aliens.
Legal Transplantation: Transplanting organs legally.
Life Style Theory: This theory purports that one's lifestyle enhances or diminishes victimization
probability. Victims' lifestyle, absence of capable guardians, the environment with which the potential
victims interact and their routine activities determine their risk of being trafficked.
Living Donors: Live persons donating their organs.
Living Organ Donation Guidelines: Living organ donation guidelines mandate that living donors
should be related to their recipients (unless such related persons and recipients do not match well
immunologically). Living donors are required to give informed and voluntary consent and act
willingly—free of any undue influence or coercion. The living donors are required to be informed of
the probable risks, benefits, and consequences of the donation in a complete and understandable
fashion.
Lucrative Criminal Enterprise: A criminal enterprise that generates enormous amount of profits at
almost negligible cost. It is a business, where the business owner makes a one-time small investment
and keeps making inordinate amounts of profit through recycling the one-time small investment.
Mail-Order Bride: A woman who lists herself in catalogs and is selected by a man for marriage.
Marginalized People: These are the people who have no resources and no power. So they are excluded
from many of the opportunities otherwise available. They do not have resources to move out of
desperate social and economic situations. They feel trapped in poverty and desperate situations. These
are groups of people that are excluded from full participation in society. They are excluded from the
main group and relegated to a lesser group due to socioeconomic status, race, ethnicity, or
immigration status.
Marriage Agencies: A business that endeavors to introduce men and women for the purpose of
marriage or dating.
Means: A method, action, or system by which a result is obtained.
Medical Wonder: Significant medical invention that has saved or prolonged the lives of thousands of
patients worldwide. For example, advancement in medicine and technology has made the
transplantation of organs, cells, and tissues viable and effective therapies across a wide range of both
fatal and non-fatal diseases, saved many lives, and prolonged life span and provided quality of life to
many patients.
Metamorphosis: The process of a change or transformation of the form or nature of a thing or person
into a completely different one.
Migrant Laborers: Persons who move from place to place to get work, especially a farm laborer who
harvests crops seasonally. Generally, these are illegal immigrants, who cross borders illegally in
search of seasonal work.
Migrant Workers: These are workers who move from place to place to do seasonal work.
Minders: Persons who accompany organ suppliers and recipients, who are from countries that are
different from the country in which the removal and transplantation take place, during their travel to
and from the transplant operations.
Misperception: A mistaken belief, idea, or interpretation about something.
Mobile Technology: The technology used for cellular communication.
Modern Slavery: Defined by 1956 UN Supplementary Convention on the Abolition of Slavery, the
Slave Trade, and Institutions and Practices Similar to Slavery, which says: “debt bondage, serfdom,
forced marriage and the delivery of a child for the exploitation of that child are all slavery-like
practices and require criminalization and abolishment.”
Mouse-Trapping: Technique used by some websites to keep visitors from leaving their website,
sometimes by launching an endless series of pop-up ads.
Multidimensional Crime: Crime that has many dimensions and is occurring both between and within
nations. Almost all countries in every region of the world are affected by it.
Multilateral Response: A response having many aspects involving more than two nations or parties.
Multilateral Treaty: Refers to a treaty that involves several nations.
Multinational Corporations: Large businesses and enterprises involving several nations.
Natal Alienation: The forced loss of ties of birth and blood to both ascending and descending
generations.
National Center for Missing and Exploited Children (NCMEC): This center began operating
CyberTipline in 1998. Using this CyberTipline, anyone who suspects exploitation of children can call
and provide information and call for help anonymously.
National Human Trafficking Resource Center (NHTRC): One of the nonprofit, non-governmental
organizations engaged in combating human trafficking. It works exclusively on the issue of human
trafficking. The NHTRC, a Department of Health and Human Services (HHS) funded program, is
operated and implemented by the Polaris Project for the purpose of providing a national, 24-hour, toll-
free hotline number for the human trafficking field in the US.
Network Society: A society reflective of social, political, economic, and cultural changes caused by the
spread of network, digital information, and communications technologies.
Networked Technologies: A network that connects computers and devices in a limited geographical
area such as a home, school, office building, or closely positioned group of buildings.
Non-Governmental Organizations (NGOs): In general, a non-governmental organization (NGO) is
any nonprofit, voluntary citizens' group which is organized on a local, national, or international level.
NGOs perform a variety of services and humanitarian functions.
Non-Prejudicial: No preconceived opinion or feeling, either favorable or unfavorable.
Non-Regenerative Organs: Refers to the organs that do not regenerate or grow back.
Not-for-Profit: An entity or organization whose primary objective is to support some issue or matter of
private interest or public concern for non-commercial purposes.
Objectification of Humans: Treating humans as units of production or commodities for economic ends
and profit. Human beings are considered commodities to be bought and sold like inanimate objects,
 with a sole purpose of making profits.
Office to Monitor and Combat Trafficking in Persons (OMCTIP): The Office to Monitor and
Combat Trafficking in Persons (OMCTIP) was created in October 2001 by the US Department of
State. The OMCTIP leads the United States' global engagement in combating human trafficking and
supporting the coordination of anti-trafficking efforts across the US government. This office partners
with foreign governments, international organizations, civil societies, and the private sector to develop
and implement effective strategies for confronting human trafficking. The OMCTIP is responsible for
bilateral and multilateral diplomacy, targeted foreign assistance, and public engagement on trafficking
in persons.
Online Chatrooms: A designated area or forum on the World Wide Web that allows users to
communicate with each other through instant messaging. Text is instantly displayed in the chatroom's
conversation log after a user hits enter or send.
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography: This optional protocol supplements the convention by
providing states with detailed requirements to end the sexual exploitation and abuse of children. It also
protects children from being sold for non-sexual purposes—such as for other forms of forced labor,
illegal adoption, and organ donation. The protocol provides definitions for the offences of “sale of
children,” “child prostitution,” and “child pornography.” It also creates obligations on governments to
criminalize and punish the activities related to these offenses.
The Optional Protocols to the Convention on the Rights of the Child (A/54/L.84), (United Nations,
Geneva; 2000): Protocols prohibit organ removal from children as they are unable to give consent or
understand the benefits or problems associated with organ donation.
Organ Purchase: The act of buying organs for sale to the traffickers, laboratories, patients, and
hospitals, etc.
Organ Recipients: People who are receiving the organ transplant. They are generally patients or
buyers.
Organ Suppliers: People who are engaged in finding people for organ removal, recruiting them, and
supplying them to the traffickers for removal of organs.
Organ Trafficking: The Istanbul Declaration on Organ Trafficking and Transplant Tourism describes
organ trafficking as the “recruitment, transport, transfer, harboring, or receipt” of persons, “by means
of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the
abuse of power,” of a position of vulnerability, or of the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person, for the purpose of exploitation
“by the removal of organs[, tissues, or cells] for transplantation.”
Organ Transplantation: An act of transplanting a healthy organ into a patient who had defective
organ. An organ is donated by living or deceased donors.
Organ Transplant Target Audiences: The potential buyers and sellers as well as brokers, hospital and
medical personnel, and others who are engaged in the purchase and sale of organs for transplant.
Organized Business: Business that is involved in organized crime to commit serious domestic and
transnational crimes. It is a collaborative group of businesses, existing for a period of time and
engaged in national and international criminal activities.
Organized Crime: A category of transnational, national, or local groupings of highly centralized
enterprises run by criminals who intend to engage in illegal activity, most commonly for money and
profit.
Organized Criminal Group: A structured group of three or more persons, existing for a period of time
and acting in concert with the aim of committing one or more serious crimes.
Origin Countries: Countries where the trafficking incident begins—where the victims are recruited by
the traffickers.
Outlaw of Slavery: Declaring slavery illegal by legislating so that holding a person as a slave and
denying a person basic liberties and rights is against the state's laws.
Page-Jacking: Illegally copying legitimate website content (usually, in the form of source code) to
another website designed to replicate the original website.
Petition: A form asking for a certain benefit. For example, an immigration form (Form I-130).
Peonage: Act of holding a person in servitude or debt. It is closely related to involuntary servitude.
Personal Autonomy: Situations where a one has the capacity to decide for oneself and pursue a course
of action in one's life, often regardless of any particular moral content.
Phishing: The activity of defrauding an online account holder of financial information by posing as a
legitimate company.
Physical Maladies: Physical illnesses that makes you sick and unable to have normal function. For
example, headaches, chest pain, shaking, sweating, and dizziness.
Pioneer: A person, country, group, or an entity that develops or is the first to use or apply a new
method, area of knowledge, or activity.
Polaris: A nonprofit, non-governmental organization. It was founded in 2002. It is one of the largest
anti-trafficking organizations in the US, with programs operating at local and national levels through
their offices in Washington, DC, and Newark, New Jersey. It is not a government entity, law
enforcement agency, or immigration bureau.
Post-Traumatic Stress Disorder: A condition of persistent mental and emotional stress occurring
because of injury or severe psychological shock.
Poverty-Stricken Areas: Refers to the areas of a city, neighborhood, or community that are besieged
with poverty in all aspects.
Precursors: A person or thing that comes before another of the same kind; a forerunner.
President's Interagency Task Force to Monitor and Combat Trafficking in Persons (PITF): A
cabinet-level entity was created by the TVPA to coordinate US government-wide efforts to combat
trafficking in persons. The PITF functions to strengthen federal efforts to combat human trafficking by
coordinating efforts from the government leaders, the private sector, advocates and survivors, faith
leaders, law enforcement, and academia.
Prosecution Unit: A unit that is responsible for prosecuting offenders.
Process: Refers to one of the essential elements of human trafficking—the activities to achieve the
consent of a person having control over another person, for the purpose of exploitation.
Psychosomatic Symptoms: When a disease indicates both mind and body symptoms.
Pull Factors: These factors represent the “demand” side of trafficking—such as the need for cheap,
submissive labor; commercialization and the sex industry; and low-risk in travelling. Socially and
economically marginalized people are pulled towards the offers by the traffickers and easily entrapped
in the trafficking situations.
Purpose: Objective or goal.
Push Factors: These factors refer to the factors that propel potential victims towards traffickers. Social
and economic vulnerabilities intensify their susceptibility. The disadvantaged or marginalized social
groups are highly vulnerable to being entrapped by traffickers. These factors include poverty,
marginalized social and economic status, traditional and cultural practices, lack of education, lack of
employment opportunities, and political and economic instability.
Rapid Report & Response (R3): A mobile system created by Prevent Human Trafficking. Anyone
suspecting human trafficking incident can text a message. The message is received and securely
routed to the nearest first responder who will go to the site of the report and look for evidence of the
incident.
Rational Choice Theory: According to this theory, the criminal decision making process is a function
of free will and victimization is not random.
Recruitment: A process of finding, screening, interviewing, and hiring the best-qualified candidates for
jobs.
Recruitment Strategies: Refers to strategies for finding, screening, and hiring the best-qualified
candidates for jobs.
Refugee: Any person who is outside his/her country of nationality who is unable or unwilling to return
to that country because of persecution or a well-founded fear of persecution. Persecution or the fear
thereof must be based on the alien's race, religion, nationality, membership in a particular social
group, or political opinion. People with no nationality must generally be outside their country of last
habitual residence to qualify as a refugee. Refugees are subject to ceilings by geographic area set
annually by the president of the United States in consultation with Congress and are eligible to adjust
to lawful permanent resident status after one year of continuous presence in the United States.
Restitution: Restoration of something lost or stolen to its proper owner.
Risk-Taking Ability: Daring and adventurous nature. Not afraid of risks.
Runaway/Throwaway Youth: Children and young people who run away from their homes or are
abandoned or are forced to leave their homes.
Safe Harbor for Exploited Children Act: The state of New York became the first state to pass the
Safe Harbor for Exploited Children Act in 2010. The act prohibits prosecution of minors for
prostitution.
Servitude: A state of being a slave or completely subject to someone's control.
Severe Forms of Trafficking in Persons: “Sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years
of age”; or labor trafficking, “the recruitment, harboring, transportation, provision, or obtaining of a
person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection
to involuntary servitude, peonage, debt bondage, or slavery” (22 U.S.C. 7102).
Sex Industry: Any commercial enterprise offering or producing adult entertainment; a euphemism for
prostitution or pornography.
Sex-Slavery: A form of slavery that limits a person's autonomy, freedom of movement, and power to
decide matters relating to one's sexual activity. A person is maintained as a sex slave, providing sex on
demand.
Sex Trafficking: Situations in which humans are coerced, forced, or deceived into prostitution or
maintained in prostitution through coercion.
Sex Trafficking Ring: Refers to an organized group running the illegal business of recruiting,
harboring, transporting, obtaining, or providing persons including minors for the purpose of sex and
commercial sex including pornography.
Sexual Assaults: Attacks and/or assaults that involve sexual violence and forceful sexual acts.
Slavery: A slave is a person who has no autonomy and is forced to comply with the demands and
whims of the master. Such living conditions refer to slavery.
Smuggling: Illegal and facilitated movement across an international border for profit; may involve
 deception and/or abusive treatment. The main objective of smuggling is to profit from the act of
facilitating crossing the border (generally an international border), not exploitation.
Social Impact: Impact on society.
Social Inequality: Refers to situations where there are unequal opportunities and rewards for different
social positions or statuses within a group or society.
Socioeconomic Status: The social standing or class of an individual or group. It is often measured as a
combination of education, income, and occupation.
Special Assessment: To designate a unique charge that government units can assess against persons or
entities.
Spoofing: Hoax, trick, or deceive.
Stateless Crime: A crime that does not fall under the purview of either international or national courts.
For example, organ trafficking and trafficking in persons for the purpose of organ removal are
considered stateless crimes because neither international criminal law nor individual states' domestic
criminal laws address this crime or provide adequate guidelines as to how to address these crimes.
Stereotype: A widely held but an oversimplified image or idea of a particular type of person or thing.
Stockholm Syndrome: Situations in which victims begin to identify with their victimizers as a means
of emotional and physical survival. In such cases, the victims do not believe that they are victims.
They actually start bonding with the traffickers and feel a connection with their traffickers and any
interactions with service providers, law enforcement, or others trying to convince them that they are
victims and need to be rescued are ineffective.
Surplus Labor: Labor that is excess of demand; when there are more people willing to provide services
and goods than are needed or demanded.
Surplus Services: The amount of services that exceed the portion that is utilized. The services that exist
but are not needed.
Sweatshop: A place where people work long hours for low pay in poor working conditions. Where the
safety and welfare of the workers is overlooked.
Task Force: A group of experts working together to investigate and submit a formal report on the issue
they are assigned. For example, a human trafficking task force will work together to investigate and
submit a formal report on human trafficking. Task forces can serve as central resources for those
engaged in community organizations and can serve as means of facilitating communication,
coordination, and information sharing across agencies working on a case.
Temporary Worker: An alien coming to the United States to work for a temporary period of time. The
Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, as well as other
legislation, revised existing classes and created new classes of nonimmigrant admission. The
nonimmigrant temporary worker classes of admission are as follows:
H-1B: Workers with “specialty occupations” admitted on the basis of professional education, skills,
and/or equivalent experience.
H-2A: Temporary agricultural workers coming to the United States to perform agricultural services
or labor of a temporary or seasonal nature when authorized workers are unavailable in the United
States.
H-2B: Temporary non-agricultural workers coming to the United States to perform temporary
services or labor if unemployed persons capable of performing the service or labor cannot be found
in the United States.
H-3: Aliens coming temporarily to the United States as trainees, other than to receive graduate
medical education or training.
 H-4: Spouse and children of H visa recipients.
O-1, O-2, O-3: Temporary workers with extraordinary ability or achievement in the sciences, arts,
education, business, or athletics; those entering solely for the purpose of accompanying and
assisting such workers; and their spouses and children.
P-1, P-2, P-3, P-4: Athletes and entertainers at an internationally recognized level of performance;
artists and entertainers under a program that is “culturally unique”; and their spouses and children.
Q-1, Q-2, Q-3: Participants in international cultural exchange programs; participants in the Irish
Peace Process Cultural and Training Program; and spouses and children of Irish Peace Process
participants.
R-1, R-2: Temporary workers to perform work in religious occupations and their spouses and
children.
Tier System: An evaluation system is created by the Trafficking Victims' Protection Act (TVPA). It is
divided into three tiers. The department evaluates each country's efforts towards controlling and
preventing trafficking in persons and places each country onto one of the tiers, as mandated by the
TVPA. This placement is based more on the extent of government action to combat trafficking than
on the size of the country's problem. The analyses are based on the extent of governments' efforts to
reach compliance with the TVPA's minimum standards for the elimination of human trafficking—
consistent with the Palermo Protocol.
Trade in Humans: Engaging in the business of sale and purchase of human beings as commodities for
profit.
Trafficking in Persons: The same as human trafficking—the recruitment, transportation, transfer,
harboring, or receipt of persons, by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability.
Trafficking in Persons Protocol (2000) and Removal of Organs: Article 3(a) of the Trafficking in
Persons Protocol states: “‘Trafficking in persons’ shall mean the recruitment, transportation, transfer,
harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the
giving or receiving of payments or benefits to achieve the consent of a person having control over
another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the
exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services,
slavery or practices similar to slavery, servitude or the removal of organs.”
Trafficking Syndicates: Groups of traffickers.
Trafficking Victims' Protection Act (TVPA): In 2000, the United States Congress passed this federal
statute, which offered protections for persons who may be illegally in the country and victims of
human trafficking. Public Law 106–386, Oct. 28, 2000, 114 Stat. 1465 was passed: (1) to combat
trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, (2) to
reauthorize certain federal programs to prevent violence against women, and for other purposes.
Trans-Atlantic Slavery: Refers to the segment of the global slave trade that transported between 10
million and 12 million enslaved Africans across the Atlantic Ocean to the Americas from the sixteenth
to the nineteenth centuries. It was the second of three stages of the so-called triangular trade in which
arms, textiles, and wine were shipped from Europe to Africa, slaves from Africa to the Americas, and
sugar and coffee from the Americas to Europe.
Transfer: Move from one place to another; change ownership from one owner to another.
Transit Countries: Refers to countries where humans are held until they are ready to be transported to
final destinations.
Transnational: Involving more than one nation; extending or operating across national boundaries.
Transnational Organized Crime: A consortium of self-perpetuating associations and individuals from
 different countries working in collaboration and operating transnationally for the purpose of obtaining
power, influence, or monetary and/or commercial gains, wholly or in part by illegal means.
Transnational Trafficking: Refers to the transportation of people within nations/countries for the
purpose of sexual and/or labor exploitation by the use or threat of the use of force, fraud, or coercion.
Transplant Commercialism: Refers to a policy or practice in which an organ is treated as a
commodity, including by being bought or sold or used for material gain.
Transplant Tourism: Defined by the United Network for Organ Sharing as “the purchase of a
transplant organ abroad that includes access to an organ while bypassing laws, rules, or processes of
any or all countries involved.”
Transportation: Refers to the action of transporting (moving from place to another) someone or
something or the process of being transported.
Trauma Theory: This theory purports that traffickers' tactics in maintaining control over victims
through the infliction of fear and trauma as well as victims' state of mind and decision making process
lead victims to be entrapped in trafficking. Such control hampers victims' ability to ask for help or
accept any assistance. They stay in the situation.
Travel for Transplantation: Refers to the movement of organs, donors, recipients, or transplant
professionals across jurisdictional borders for transplantation purposes.
Ubiquitous in Nature: Prevalent in every country in every region of the world, transcending any and all
any boundaries.
UN Convention against Transnational Organized Crime: This is the main international instrument in
the fight against transnational organized crime. It was adopted by General Assembly Resolution 55/25
of 15 November 2000 and entered on 29 September 2003. The convention is supplemented by three
protocols, which target specific areas and manifestations of organized crime: the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children; the Protocol against the
Smuggling of Migrants by Land, Sea and Air; and the Protocol against the Illicit Manufacturing of
and Trafficking in Firearms, Their Parts and Components and Ammunition.
Under-Age Prostitution: Children used or allowed for commercial sex.
Underground Industries: Illegal industries that ignore all laws, rules, and regulations and thrive on
providing prohibited goods and services to the buyers who are willing to pay exorbitant prices for
otherwise banned goods and services.
Uniform Act on Prevention of and Remedies for Human Trafficking (Uniform Act): This act was
passed in 2013 by the Uniform Law Commission (ULC). This act offers guidance to state legislators
and provides language drafted and adopted by lawyers from across the country that can serve as a
basis for state legislation.
Uniform Crime Reports: Reports of crime collected and disseminated by the Federal Bureau of
Investigation.
Universal Declaration of Human Rights: The Universal Declaration of Human Rights (UDHR),
drafted by representatives with different legal and cultural backgrounds from all regions of the world,
was proclaimed by the United Nations General Assembly at the Palais de Chaillot in Paris on 10
December 1948 (as General Assembly Resolution 217A) as a common standard of achievements for
all peoples and all nations.
Unprecedented: Happening for the first time. Something that has never before been known or
experienced.
UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children: This protocol was adopted by the United Nations General Assembly in 2000 and entered
 into force on December 25, 2003. As of June 2015 it has been ratified by 167 parties.
Victim Precipitation Theory: According to this theory, victims are partially or wholly responsible for
their victimization. This theory suggests that the victim him/herself initiates a contact and agrees to
participate in the activity that may eventually lead to victimization.
Virtual Global Taskforce (VGT): The Virtual Global Taskforce (VGT) was established in 2003. Its
main objective is to build an effective, international partnership of law enforcement agencies that
helps to protect children from online child abuse. It is currently comprised of law enforcement
agencies from around the world, including the Australian High Tech Crime Centre, the Child
Exploitation and Online Protection Centre in the UK, the Royal Canadian Mounted Police, the US
Department of Homeland Security, Interpol, Colombian National Police, Europol, Indonesian
National Police, Interpol, Italian Postal and Communication Police Service, Korean National Police
Agency, New Zealand Police, and the Ministry of Interior for the United Arab Emirates.
Vulnerability: Refers to state of being open to injury, or having the quality of being easily hurt or
attacked.
White-Slave Traffic Act: Also known as Mann Act. It is the first United States law prohibiting
transporting women from one state to another for the purposes of sex work.
 Index

3P paradigm, 176, 181, 305

A21 Campaign, 181, 182, 187, 196
ABA, 256, 311
Abduction, 5–7, 139, 140, 144, 146, 287, 326, 333
Abolition of Forced Labor Convention, 36, 42, 58, 62, 63, 90, 159, 170, 187, 223
abuse of power, 5–7, 140, 144, 146, 276, 290, 294, 311, 326, 333
act, 6, 9–12, 17, 19, 35, 37, 38, 40, 42–44, 58, 59, 61–63, 66–68, 73, 74, 79, 82, 83, 88–91, 93–95, 100,
101, 115, 123, 126, 127, 138, 149, 160, 165, 171, 172, 174–176, 186, 187, 189, 192, 195, 199–205, 214,
219, 226, 227, 230, 233, 234, 242, 243, 255–257, 265, 269, 282, 290–293, 295, 298–301, 312, 313,
315–317, 319, 322, 323, 326, 327, 329–333, 335, 336
ADL, 250, 269
Advanced Distributed Learning, 250, 269
AFP, 248, 252, 253
After care, 170, 273, 275, 285, 288
Airline Ambassadors International, 213, 311
ALERT, 182, 187, 196, 213, 218, 258
American Bar Association, 256, 311
American Declaration of the Rights and Duties of Man, 36, 42
American Dream, 116, 122, 126, 130, 318
Anti-Trafficking Coordination Team Initiative, 216
anomie, 97, 115, 120, 126, 311
anomie theory, 97, 115, 120, 126, 311
anti-trafficking, 59, 62, 64, 68, 92, 109, 169, 176–180, 185, 190, 193, 199, 210, 216–218, 220, 222, 228,
229, 235, 245, 253, 258, 260, 283, 289–291, 293, 295, 297–299, 304–306, 309, 325, 328
arbitration, 35, 277, 311
Arizona League to End Regional Trafficking, 182, 187, 196, 311
arrest, 44, 108, 182, 185, 197, 198, 200, 205, 214, 218, 219, 275, 317
Attorney General, 17, 127, 200–202, 204, 205, 214, 226, 261
Australian Federal Police, 248, 252, 253
autonomy, 18, 317, 327, 330
Backpage, 76, 239
bait, 79
BeFree, 180, 255
biometric technology, 251, 311, 312
BJA, 43, 44, 63
black market, 134, 135, 141, 312
Bogota Declaration, 36
bondage, 4, 16, 20, 23–27, 30, 38, 43, 44, 53, 66, 74, 100, 114, 125, 166, 206, 240, 255, 312–314, 324, 330
bonded labor, 4, 24–26, 167, 312
borders, 6, 7, 9–12, 17, 19, 33, 40, 44, 45, 50, 52, 53, 57, 66, 68, 75, 98, 106, 138, 141, 146, 153, 166, 167,
171, 174, 181, 227, 238, 244, 245, 251, 252, 260, 270, 302, 316, 320, 324, 334
brokering functions, 137, 312
brokers, 104, 106, 109, 136–139, 151, 153, 312, 327
Bureau of Justice Assistance, 43, 63, 211
business, 3, 4, 8, 10, 13–15, 19, 20, 26, 31, 33, 46, 53, 55–58, 60, 62, 64, 69, 70, 79, 95, 102, 106, 122, 129,
133, 137, 142, 143, 180, 210, 220, 223, 224, 233, 234, 237–240, 242–245, 257, 259–261, 303, 312, 323,
327, 330, 332, 333
business and market, 26
C3, 68, 88
capitalism, 97, 100–104, 119, 121, 129, 312, 321
capitalism theory, 97, 101, 102, 104, 119, 312
California Against Slavery, 182, 187, 196
CAS, 182
CAST, 182, 183, 187, 196
CBT, 249, 269
Centre to End All Sexual Exploitation, 182
Chapter 77, 3, 17, 79, 81
Charter of Fundamental Rights of the European Union, 131, 145, 155, 163, 312
CETS, 157, 163, 170, 187, 249, 269, 312, 314
Chatrooms, 68, 240–242, 326
Child Exploitation, 68, 83, 202, 233, 247, 249, 252, 263, 269, 312, 336
Child Exploitation Tracking System, 249, 269, 312
child labor, 4, 83, 95, 96, 170, 184, 188, 193, 217, 259, 299, 312, 318
coalition, 55, 83, 85, 96, 182, 185, 187, 189, 196, 289, 290, 294, 311
Coalition to Abolish Slavery and Trafficking, 182
Coalition to Stop the Use of Child Soldiers, 85
CoE, 131, 145, 147, 155, 163, 165, 170, 171, 186, 268, 314
coercion, 5–7, 10–15, 17, 24, 25, 41, 42, 44, 49, 51, 56, 57, 64, 66–69, 74, 75, 79–82, 103, 104, 106, 121,
129, 132, 139, 140, 144, 146, 149, 155, 166, 206, 228, 238, 239, 255, 260, 271, 282, 291, 300, 301, 308,
313, 317, 318, 320, 322, 323, 326, 330, 333, 334
commercial sex acts, 11, 12, 17, 44, 74, 76, 255
commercializing humans, 4, 131, 134, 154, 298
commercializing humans for labor, 4, 298
commercializing humans for organs, 4, 131, 134, 154, 298
commercializing humans for sex, 4, 298
commodification, 103, 313
communication, 141, 180, 202, 211, 213, 225, 232, 237–239, 242, 243, 246, 248, 257, 260–262, 265, 267,
268, 271, 324, 331, 336
communications technology, 313
community resources, 283, 284, 288
compulsory labor, 170, 313
Computer-Based Training, 249, 269
conceptual, 27, 31, 97–130, 292, 298, 313
conceptual framework, 97, 98, 100, 119, 313
conflict, 25, 98, 116, 120, 162, 229, 294, 313
conflict theory, 98, 116, 120, 313
Congress, 18, 35, 40–43, 45, 59, 61, 66, 68, 81, 89–91, 93, 95, 127, 160, 174, 177, 189, 195, 199, 200,
203–205, 219, 226, 227, 230, 233, 234, 246, 268, 290, 299, 317, 329, 333
consent, 5, 6, 10, 14, 25, 99, 103, 104, 106, 115, 132, 140, 144, 146, 147, 149, 152, 153, 155, 228, 255, 291,
300, 301, 323, 326, 328, 333
conspiracy, 77, 124, 128, 231, 233, 267, 287, 313
constitution, 15, 17, 33, 34, 166, 194, 266
contemporary slavery, 23, 26, 31, 191, 313
continued presence, 44, 285, 286, 314
Coordination, 43, 44, 132, 152, 155, 172–174, 176, 205, 211, 214, 216, 235, 238, 243, 252, 271, 325, 331
Council of Europe, 37, 131, 144, 145, 147, 155, 157–159, 163–165, 170, 171, 186–188, 194, 246, 262, 264,
267, 268, 314
Convention against Trafficking in Human Organs, 314
Convention against Transnational Organized Crime, 5, 21, 28, 29, 31, 40, 59, 61, 63, 127, 158, 162, 163,
189, 194, 195, 198, 199, 226, 233, 264, 268, 269, 290, 294, 310, 334
Convention on Action against Trafficking in Human Beings, 37, 144, 147, 158, 163, 165, 170, 171, 186,
188, 194, 314
Convention on Cybercrime, 246, 261, 262, 268, 314
Convention on Human Rights and Biomedicine, 145, 157, 159, 163, 164, 314
corrupt, 108, 137
corruption, 25, 66, 85, 132, 152, 250, 264, 267, 274, 301
covert, 73, 74, 209, 314
craigslist, 239, 258, 263
Crime Victim Compensation, 285
criminal code, 3, 17, 314
criminal enterprise, 10, 53, 73, 166, 242, 323
criminalization, 6, 24, 35, 147, 255, 324
criminal networks, 51, 66, 67, 166, 173, 214, 216, 235, 238, 250, 274, 301, 305, 314
crossing borders, 6, 12, 227
crusaders, 74, 98
current state, 297, 298
curriculum, 98
cybercrime, 246, 247, 261, 262, 268, 314
Cyber Crimes Center, 68
CyberTipline, 255, 324
debt, 4, 8–10, 13, 16, 24–27, 30, 38, 43, 44, 48, 50, 53, 55, 66, 67, 74, 79, 113, 114, 166, 183, 206, 215,
240, 255, 312–314, 324, 327, 330
debt bondage, 4, 16, 24–27, 30, 38, 43, 44, 53, 66, 74, 114, 166, 206, 240, 255, 313, 314, 324, 330
Debt Repayment Schemes, 8, 9, 13, 314
deceased donors, 140, 148, 327
Deceased Donor Programs, 149, 315
deception, 5–7, 10, 11, 48, 75, 77, 105, 140, 144, 146, 242, 260, 300, 315, 317, 320, 326, 330, 333
Declaration of Independence, 34, 42, 315
Declaration of Istanbul on Organ Trafficking and Transplant Tourism, 131, 145, 150, 155, 163, 315
Defense Advanced Research Projects Agency, 253, 254
definition, 5–7, 9, 10, 17, 37, 40, 41, 68, 73, 81, 98, 125, 140, 144, 147, 171, 200, 206, 216, 270, 299, 300,
302, 322
defraud, 315
Department of Defense, 68, 177, 254
Department of Health and Human Services (DHHS), 29, 43, 55, 70, 73, 91, 93–96, 158, 159, 161, 162, 177,
 179, 180, 218, 221, 234, 235, 258, 282, 289, 295, 325
Department of Homeland Security, 24, 177, 205, 218, 234, 248, 286, 315, 336
Department of State, 10, 12, 14, 25, 28–31, 61, 62, 83, 84, 90–92, 94, 105, 127, 160, 174–177, 184, 187,
190, 194, 195, 204, 215, 217, 218, 227, 234, 249, 263, 264, 305, 309, 310, 325
deport, 8, 9, 13, 105, 108, 206, 207, 209, 212, 229, 275, 281, 315
deportation, 8, 9, 13, 108, 206, 209, 275, 315
desperation, 100, 104, 106, 109, 114, 117, 136, 318
destination, 10, 14, 24, 33, 45, 57, 72, 79, 107, 108, 126, 133, 169, 202, 212, 240, 274, 276, 277, 280, 281,
285, 287, 291, 300, 301, 315, 320
destination countries, 33, 45, 57, 107, 108, 126, 315
deviant, 97, 112, 113, 120, 162, 207, 315
deviant place theory, 97, 113, 120, 315
Digital Defenders, 253
discrimination, 16, 21, 22, 25, 64, 101, 124, 128, 130, 170, 187, 315
document forgers, 107, 316
documents, 10, 12, 16, 30, 34, 42, 77, 82, 90, 91, 94, 107, 108, 117, 137, 146, 154, 156, 158, 159, 162, 163,
170, 189, 193, 194, 213, 220, 223, 224, 226, 232, 233, 241, 244, 247, 250, 251, 269–271, 275, 285, 287,
312, 315–317
domestic human trafficking, 12, 65–96, 159, 193, 223, 316
domestic servitude, 10, 25, 50, 75, 85, 208, 211, 216, 316, 317
domestic violence, 108, 120, 209, 210, 212, 274, 284, 286, 289, 290, 294, 295, 316
donors, 131, 134, 136–142, 145, 146, 148–153, 155, 156, 158, 162, 176, 179, 180, 295, 315, 319, 323, 327,
334
duress, 21, 316
economic, 13, 20, 22, 23, 27, 29, 30, 37, 39, 46, 48, 50, 53, 57, 60, 70, 79, 84, 88, 97, 99–104, 107, 115,
116, 118, 119, 122, 123, 126, 128, 129, 136, 143, 166, 168, 169, 173, 178, 183, 185, 198, 206, 239, 260,
299, 304, 307, 316, 321, 323, 325, 329
economic globalization, 22, 316
economic opportunities, 79, 84
economic theory, 97, 101, 119, 126, 316
economy, 16, 26, 29, 46, 49, 53, 56, 89, 93, 95, 96, 102, 103, 105, 106, 121, 123, 129, 157, 161, 166, 171,
191, 221, 224, 321
effective redress, 24
element, 12, 23, 100, 102, 170, 174, 302
emerging, 49, 66, 98, 100, 103, 179, 228, 229, 245, 246, 262, 263, 267, 268, 271, 306
employment-based, 24
encryption, 240, 241, 268
enslavement, 18, 23, 66, 316
enterprise, 10, 19, 33, 53, 57, 58, 73, 99, 136, 138, 151, 166, 242, 243, 302–304, 323, 330
environment, 70, 86, 98, 100, 103, 104, 108, 112, 115, 118, 119, 201, 208, 243, 275, 303, 304, 311, 322,
323
escape, 10, 13, 51, 55, 117, 171, 212, 274, 306
exploitation, 4–7, 9–14, 16–19, 21, 25, 28, 34, 38–42, 45, 46, 48–51, 53, 56, 57, 60, 61, 66–72, 75, 76, 79,
83, 85–87, 89, 93, 94, 96, 98, 101–106, 115–117, 121, 123, 126, 128, 129, 133, 136, 140, 144, 146, 149,
151, 152, 169–171, 181–184, 197, 198, 200–204, 206, 208, 209, 213, 220, 222, 224, 226–228, 230, 233,
238, 239, 242–244, 247, 249, 252, 255–258, 260, 262, 263, 265–267, 269, 275, 283, 286, 298, 300–304,
306, 308, 312, 315–317, 320, 322, 324–328, 330, 333, 334, 336
exploitation of humans, 102, 197, 316
Facebook, 239, 249
Face Recognition Technology, 251, 317
facilitated irregular migration, 4, 299, 317
facilitated movement, 11, 330
FADO, 251, 269, 317
Faith-Based Organization, 317
False and Authentic Documents Online, 251, 269, 317
false arrest, 317
Family and Youth Services Bureau, 70, 93, 94
federal statute, 40, 43, 174, 199, 219, 317, 333
file swapping, 240, 241
file transfer protocol (FTP), 240, 241
Florida Statutes, 7, 27, 29
forced exploitation, 6, 7, 66, 144, 171, 239, 244, 317, 333
forced labor, 4–7, 10, 12, 16, 19, 20, 25, 27, 28, 31, 34, 36, 40–42, 46–50, 53, 54, 56, 58, 62, 63, 65, 70, 71,
75, 77, 79–83, 85, 88, 90, 95, 96, 105, 106, 128, 144, 159, 166, 167, 170, 171, 178, 184, 187, 216, 217,
221, 223, 235, 239, 247, 259, 261, 267, 271, 300, 313, 317, 326, 333
forced marriage, 16, 318, 324
forced migration, 3, 10, 13, 302, 318, 321
forced prostitution, 7, 35, 50, 126, 231, 318
foreigners, 3, 4, 8, 11, 13, 14, 17, 68, 69, 83, 87, 299, 302, 318, 322
foreign nationals, 11, 21, 66, 180, 211, 302
forfeiture, 83
Four Main Tenets of the “American Dream,” 116, 318
Fourth World Conference on Women, 42, 185
Fraud, 5–7, 10–15, 21, 41, 44, 48, 51, 54, 56, 57, 66–69, 74, 82, 124, 139, 140, 144, 146, 166, 200, 206,
213, 238, 239, 251, 255, 260, 271, 282, 300, 301, 315, 318, 322, 326, 330, 333, 334
Free2Work, 259, 318
Frontex, 173, 251, 252, 270
future, 68, 171, 175, 192, 223, 224, 229, 297–310
FYSB, 70
GAATW, 183, 196
gangs, 66, 67, 75, 171, 238, 274, 301
General Assembly, 5, 30, 36, 39, 40, 42, 60–63, 143, 158, 162, 163, 174, 189, 194, 195, 198, 199, 233, 246,
264, 268, 276, 290, 294, 310, 334, 335
General Assembly resolution, 36, 264, 276, 294, 334, 335
General Strain Theory, 98, 117, 120, 130, 318
glamorous, 10, 112, 318, 320
global, 3, 4, 16, 19, 23, 26–30, 33–64, 72, 83, 89, 91–96, 99, 102, 103, 105, 106, 120–123, 126, 129, 134,
138, 140, 143, 144, 157–162, 165–196, 198, 199, 217, 219, 224–229, 231, 233, 237–239, 244, 245, 247,
249, 252–254, 258–260, 263–266, 268–270, 290, 292–295, 297, 304, 308–310, 312, 318, 319, 322, 325,
333, 335
Global Alliance Against Trafficking Women, 183
global crime, 3, 4, 45, 46, 51, 63, 99, 166, 192, 198, 229, 231, 263, 304, 310, 318
global health issue, 33, 49, 57, 319
Global Human Trafficking Hotline Network, 180
global initiative, 122, 129, 184, 226, 233, 264, 319
globalization, 22, 27, 31, 88, 95, 97, 99–102, 104, 106, 119–121, 129, 166, 167, 192, 237, 312, 316, 319
Global Missing Children's Network, 254, 319
Global Partnership, 62, 92, 160, 185, 190, 193, 196, 227
global perspective, 59, 64, 309
global poverty, 33, 57, 319
Global Slavery Index, 34, 45, 46, 59, 62, 63
greed, 14, 53, 69, 70, 76, 99, 101, 132, 133, 161, 260, 302–304
guest worker programs, 20, 21, 319
Guiding Principles for Human Cell, Tissue and Organ Transplant, 319
guidelines, 132, 133, 146, 148–150, 155, 223, 280, 281, 287, 319, 323, 331
hacking, 89, 95, 244, 319
hacker, 261, 267
harboring, 5, 6, 25, 44, 66, 74, 139, 144, 145, 166, 300, 326, 330, 333
health, 23, 27, 29, 31, 33, 36, 41, 43, 49, 51–53, 55–60, 62, 64, 66, 70, 73, 85, 91, 93–96, 122, 125–128,
132, 134–136, 139–141, 148, 149, 151, 155, 157–159, 161–164, 166, 173, 177–180, 182, 183, 191, 200,
202–204, 209, 210, 212, 213, 218, 221, 226, 228, 234, 235, 242, 258, 275, 276, 281–285, 289, 295, 303,
304, 307, 319, 321, 325
HERO Act of 2015, 68, 88
hidden, 34, 67, 73–75, 79, 85, 89, 94, 95, 133, 143, 206, 209, 216, 226, 245, 303, 304, 306, 314, 319, 322
high risk, 170, 209
High Tech Passports, 251
homeless, 66, 67, 70, 85–87, 93, 99, 114, 115, 175, 182, 203, 204, 234, 284, 320
Homelessness, 33, 48, 50, 51, 57, 86
human beings, 9, 11, 13, 16, 17, 19, 20, 37, 45, 56, 60–62, 64, 69, 88, 91, 92, 96, 103, 116, 121, 123, 125,
128, 132, 134, 139, 141, 143–145, 147, 156–158, 160, 161, 163–165, 170, 171, 173, 186–194, 198,
220–222, 226, 227, 230, 238, 250, 260–262, 264–268, 271, 289, 290, 292–294, 301, 309, 313, 314, 316,
325, 333
human rights, 3, 4, 15–18, 26–31, 36, 37, 39, 41, 42, 53, 54, 58–63, 88, 91, 95, 99, 103, 123, 125, 129, 145,
157, 159, 163, 164, 166, 171, 172, 176, 182, 183, 185, 187–189, 191, 192, 194–197, 223, 226, 229, 230,
264–268, 274, 275, 281, 289–294, 296, 304, 306, 309, 310, 314, 320, 335
human trafficking, 1, 3–31, 33–37, 39, 40, 43–46, 48, 49, 51–54, 56–100, 102, 103, 105, 106, 108, 110,
111, 113, 114, 116, 121–130, 133, 141, 147, 154, 156, 159–161, 165–208, 210–235, 237–271, 273–275,
278, 281–283, 286, 288–295, 297–301, 303, 305–311, 314, 316, 320, 322, 325, 326, 328, 329, 331–333,
335
human trafficking legislation, 33–35, 89, 93, 197, 199, 200, 204, 219, 307, 320
Human Trafficking Prosecution Unit, 3, 16, 214, 320
Human Trafficking Ring, 54, 320
Human Trafficking Task Force, 35, 320, 331
ICAID, 249, 261, 322
ICAO, 251, 270
ICCPR, 39
ICE, 24, 28, 29, 68, 128, 216, 248, 252, 267, 269, 286, 320
ICT, 243, 267
identity, 10, 57, 76, 108, 117, 132, 149, 242, 250, 251, 275, 278, 279, 287, 307, 312
ignorance, 13, 206
illegal migration, 3, 4, 10, 11, 13, 98, 170, 299, 302, 320
illicit, 10, 19, 46, 54, 76, 89, 95, 134, 139, 145, 147, 148, 170, 171, 181, 201, 260, 266, 320, 335
Immigration and Customs Enforcement, 24, 28, 29, 54, 128, 202, 205, 216, 248, 252, 267, 269, 286, 315,
 320
incidence, 19, 70, 73, 90, 93, 166, 210, 297, 302
Industrial capitalism, 97, 103, 119, 321
Industrialization, 22, 100, 321
individual liberty, 34, 66, 321
information and communication technology, 243
inhumane living conditions, 51, 321
interagency task force, 177, 195, 203, 321, 328
international border, 11, 12, 317, 330
international borders, 7, 9–12, 17, 40, 45, 98, 166, 252, 316
international campaign, 167, 168, 321
International Civil Aviation Organization, 251
International Covenant on Civil and Political Rights, 39, 42, 59, 63, 91, 159, 189
International Justice Mission, 213, 321
International Labor Organization, 5, 19, 28, 36, 46, 62, 63, 70, 79, 83, 90, 95, 159, 165, 166, 168, 170, 171,
173, 177, 186, 193, 233
international law, 11, 12, 125, 157, 158, 163, 191–193, 229, 265, 306, 309
International Organization for Migration, 28, 89, 98, 172, 173, 194, 227, 229, 321
internet, 68, 76, 85, 210, 238–246, 248, 252, 253, 257–265, 267–269, 284, 303, 314
Internet Watch Foundation, 248, 269
Interpol Child Image Database, 249, 322
International Protocol, 321
international treaties, 101, 165, 168, 186, 321
INTERPOL, 172, 173, 194, 246–249, 251, 253, 268, 321, 322, 336
Interpol Child Image Database, 249, 322
Intra-State Domestic Trafficking, 322
Investment, 10, 22, 55, 99, 103, 202, 221, 242, 312, 319, 323
involuntary servitude, 13, 17, 25, 34–36, 40–44, 51, 65, 66, 74, 77, 79–82, 88, 166, 167, 174, 200, 255, 271,
286, 313, 322, 327, 330, 333
IOM, 28, 98, 172, 194, 227, 321
IWF, 248, 269
Justice for Victims of Trafficking Act of 2015, 68, 93, 200, 202, 322
K11, 184
kidney, 134–139, 141, 143, 151, 154, 156–158, 161, 162, 164
labor certification, 322
labor trafficking, 5, 21, 26, 67, 71, 72, 74, 75, 77, 78, 84, 90, 95, 103, 198, 207–209, 211, 238, 239, 255,
257, 259, 262, 263, 267, 268, 271, 275, 303, 310, 317, 318, 322, 330
language, 10, 52, 182, 206, 256, 270, 274, 276, 278, 279, 282, 285, 322, 335
language barrier, 206, 322
lawful permanent resident, 286, 287, 322, 329
legal transplantation, 136, 323
legislation, 6, 33–35, 68, 89, 93, 109, 125, 133, 143, 180, 182, 184, 197–201, 203–205, 218, 219, 256, 271,
277, 280, 289, 293, 300, 307–309, 319, 320, 331, 335
lifestyles, 111, 112, 150, 320
life style theory, 323
living donors, 140–142, 148, 149, 156, 162, 319, 323
living organ donation, 323
Love146, 183
LPR, 322
lucrative, 10, 53, 133, 323
mail-order bride, 244, 323
maladies, 51, 275, 328
Mann Act, 35, 58, 59, 62, 91, 160, 189, 226, 336
marginalized, 18, 51, 85, 99, 100, 106, 113, 115, 116, 136, 139, 142, 169, 170, 304, 323, 328, 329
marriage agencies, 121, 128, 222, 241, 242, 244, 323
means, 5, 6, 9, 10, 15, 38, 42, 43, 51, 72, 81, 82, 101, 103, 106, 107, 109, 110, 115–117, 132, 136, 138, 139,
142, 144, 145, 150, 154, 166, 170, 175, 203, 208, 209, 211, 212, 232, 240, 244, 245, 250, 255, 280, 287,
300, 302, 312, 323, 326, 331, 333, 334
medical, 57, 59, 64, 78, 107, 131, 134–137, 141–144, 146, 149, 151–154, 162, 171, 181, 182, 212, 275,
278, 279, 281–285, 289, 290, 294, 307, 316, 323, 327, 332
medical tourism, 137, 141
medical wonder, 131, 134, 154, 323
Memex, 253
mental health, 27, 31, 85, 148, 182, 275, 281, 283–285, 303, 304, 307
metamorphosis, 22, 324
migrant, 4, 24, 49, 55, 72, 75, 84, 170, 188, 222–224, 229, 234, 235, 243, 259, 274, 284, 291, 324
Migrant Laborers, 4, 24, 75, 324
minders, 137, 324
misperception, 11, 13, 15, 66, 207, 208, 324
mobile internet systems, 240, 241
mobile phones, 238, 243, 258, 259
mobile technology, 238–240, 242, 243, 261, 324
modern slavery, 4, 23, 28–31, 34, 45, 46, 57, 58, 62, 83, 180, 181, 183, 190, 192, 195, 213, 217, 221, 224,
233, 237, 266, 292, 295, 299, 309, 324
mouse-trapping, 244, 324
multidimensional, 97, 99, 119, 274, 304, 324
multilateral, 39, 169, 171, 172, 176, 177, 179, 305, 324, 326
multinational, 20, 102, 107, 180, 316, 324
Myspace, 239
natal alienation, 23, 324
National Center for Missing and Exploited Children, 202, 254, 319, 324
National Crime Agency, 224, 248, 252
National Human Trafficking Resource Center, 179, 180, 185, 187, 188, 195, 213, 217, 254, 283, 286, 295,
325
National Longitudinal Survey of Youth 1997, 83
NATO, 250, 269
NCA, 224, 248, 252
NCMEC, 249, 255, 269, 324
needs, 64, 84, 107, 134, 140, 143, 152, 154, 203, 217, 221, 223, 256, 273–275, 277, 279, 281, 283, 288,
289, 294, 297, 303, 304, 306
neighborhood, 10, 74, 75, 111, 285, 288, 303, 328
Network, 30, 41, 108, 131, 137, 140, 141, 155, 158, 161, 162, 180, 183, 184, 237–239, 241–244, 248, 252,
254, 257, 261–263, 267–271, 282, 285, 314, 319, 325, 334
network society, 238, 243, 262, 263, 267, 268, 271, 325
Network Technologies, 239, 242
NGOs, 143, 177, 179–181, 252, 257, 259, 283, 285, 325
NHTRC, 179, 180, 187, 213, 254, 255, 257, 283, 295, 325
NLSY97, 83
Non-Governmental Organizations, 173, 176, 181, 183, 278–283, 298, 325
non-prejudicial, 325
non-regenerative organs, 140, 325
Not-for-profit, 140, 141, 183, 325
Not for Sale, 183, 196, 259, 318
OAS, 36, 172
Objectification, 102, 325
Office for Victims of Crime, 43, 283, 295
Office to Monitor and Combat Trafficking in Persons (OMCTP), 29–31, 43, 58, 61, 92, 160, 165, 176, 186,
190, 195, 227, 305, 310, 325
Office of the High Commissioner, 27, 30, 31, 39, 59, 61, 63, 91, 159, 189, 226
online chatrooms, 326
Operation Basket, 252
Operation Chandler, 253
Operation Elm, 253
Operation Endeavour, 248, 252
Operation Pin, 253
Operation Rescue, 252
opportunity, 10, 67, 69, 99, 106, 117, 128, 133, 136, 142, 150, 168, 169, 188, 210, 220, 276, 278
Optional Protocols to the Convention on the Rights of the Child, 159, 326
opt in, 140
opt out, 140
organ, 40, 131–158, 161–164, 222, 224, 312, 315, 319, 323, 324, 326, 327, 331, 334
organ removal, 131–134, 136–139, 141–147, 149–158, 161–164, 326, 331
organ suppliers, 137, 312, 324, 326
organ trade, 131, 132, 134, 144, 154, 157, 162
organ trafficking, 131–136, 138–147, 150, 151, 153–158, 161–163, 222, 224, 315, 326, 331
organ transplant, 131, 132, 140–142, 148, 149, 153, 155, 319, 326, 327, 334
organ transplantation, 131, 134, 135, 141–143, 146, 148, 152, 154, 158, 161–164, 327
organ transplantation target audiences, 151, 327
Organ Transplant Tourism, 131, 140, 144, 155
Organization of American States, 36, 60, 173, 177
Organization for Security and Cooperation in Europe, 42, 53, 137, 157, 161, 163, 173, 177
organized business, 33, 53, 57, 327
organized crime, 5, 6, 19, 21, 28, 29, 31, 39, 40, 56, 59, 61–63, 114, 121, 123, 127, 128, 131, 132, 136, 138,
139, 155, 158, 162, 163, 165, 169–171, 185, 186, 189, 193–195, 198, 199, 224–227, 230, 233, 244–246,
248, 249, 251, 252, 263, 264, 268, 269, 276, 278, 279, 289, 290, 293, 294, 303, 309, 310, 317, 327, 334
organized criminal group, 138, 327
origin, 33, 45, 50, 53, 57, 107, 108, 126, 133, 145, 147, 157, 159, 163, 164, 169, 199, 270, 274, 276, 277,
279, 281, 300, 301, 327
origin countries, 327
OSCE, 60, 64, 137, 157, 161, 163, 220
outlaw, 33, 34, 167, 327
outlaw of slavery, 33, 34, 327
OVC, 43, 44, 283, 286, 295
Oviedo Convention, 131, 145, 155, 314
page-jacking, 244, 327
Palermo Protocol, 24, 40, 98, 171, 173, 175–177, 179, 198, 199, 298, 299, 305, 313, 332
Part I crimes, 44
peer to peer networks, 240, 241
peonage, 24, 41, 44, 66, 74, 79–82, 200, 255, 271, 286, 327, 330
perpetrators, 3–5, 8, 11, 13, 18, 87, 109, 113, 137, 138, 153, 156, 174, 178, 201, 214, 240, 248, 252, 274,
275, 282, 287, 298, 299, 301, 304, 315
personal autonomy, 18, 317, 327
petition, 15, 258, 327
phishing, 244, 327
PhotoDNA, 249, 269
PHR, 183
physical maladies, 275, 328
Physicians for Human Rights, 183, 188, 196
PITF, 177, 328
plain sight, 73, 74, 79, 89, 94, 95, 206, 319
Polaris, 84, 94, 96, 179–181, 186, 213, 254–256, 261, 295, 325, 328
population, 48, 99, 122, 129, 139, 146, 238, 263, 267, 304
position of vulnerability, 5, 6, 139, 140, 144, 146, 326, 333
Post-Traumatic Stress Disorder, 52, 274, 328
poverty-stricken, 11, 99, 115, 328
power, 5–7, 23, 67, 85, 101, 116–118, 139, 140, 144, 146, 209, 260, 276, 290, 294, 311, 313, 318, 323, 326,
330, 333, 334
power differential, 23, 67, 85
Precipitation, 97, 109, 110, 112, 119, 335
President's Interagency Task Force to Monitor and Combat Trafficking in Persons, 177, 195, 328
prevalence, 59, 64, 70, 73, 166, 203, 210, 274, 297, 302
prevent, 5, 7, 9, 11, 17, 28, 29, 31, 38–40, 52, 59–61, 63, 83, 98, 127, 142, 156, 158, 162, 163, 167–172,
174, 176, 178, 180, 183, 184, 189, 194, 195, 198–200, 202, 204, 213, 216–218, 220, 233, 239, 246, 247,
250, 258–260, 266, 269, 271, 287, 290, 292, 294, 300, 305, 306, 309, 310, 314, 329, 333–335
private sector, 172, 176–179, 184, 257–259, 305, 326, 328
process, 4–6, 9, 25, 39, 42, 43, 55, 65, 70, 77, 81, 87, 88, 97, 100, 101, 107, 114, 117–119, 131, 133, 139,
141, 152–155, 168, 171, 176, 198–200, 205, 210, 222, 243, 250, 263, 267, 275–278, 280, 286, 287, 297,
300, 302, 312, 316, 319–321, 324, 328, 329, 332, 334
profits, 4, 9, 16, 19, 20, 22, 23, 33, 46–48, 53, 56–58, 64, 69, 90, 99, 102, 103, 108, 123, 132, 133, 159,
187, 193, 223, 233, 235, 240, 243, 260, 304, 312, 316, 323, 325
Prosecution, 3, 16, 123, 132, 144, 153, 155, 167, 172, 177, 181, 184, 186, 192, 197, 198, 202, 205, 214,
216, 218, 219, 222, 229, 235, 239, 256, 260, 281, 282, 286, 287, 289, 293, 295, 305, 308, 314, 320, 328,
329
prosecution unit, 3, 16, 214, 320, 328
protection, 16, 18, 36, 37, 40–43, 58–61, 63, 65–67, 73, 74, 79, 83, 88–90, 92–95, 101, 126, 127, 143, 145,
147, 151, 154, 160, 165, 167, 170–172, 174–177, 181, 182, 184, 186, 187, 189, 192, 195, 199, 200,
202–205, 214, 219, 225–227, 233, 247, 252, 255–257, 265, 273–276, 278–282, 287, 288, 290–293, 295,
298, 299, 305, 306, 310, 315, 320, 332, 333, 336
protocol, 5–7, 9–11, 21, 24, 28, 29, 31, 39, 40, 59, 61, 63, 98, 127, 131, 139, 144, 145, 147, 155, 157–159,
 162–165, 168–171, 173–177, 179, 186, 189, 194, 195, 198, 199, 233, 240, 241, 250, 266, 269, 273,
275–282, 287, 288, 290–292, 294, 298–300, 302, 305, 309, 310, 313, 321, 326, 332–335
Psychosomatic Symptoms, 275, 328
PTSD, 274
Public Law 106–386, 40, 45, 174, 195, 295, 333
Public Law No. 114-22, 68
pull factors, 97, 100, 101, 119, 328
punish, 5, 7, 9, 11, 28, 29, 31, 38–40, 59, 61, 63, 127, 148, 158, 162, 163, 174, 176, 189, 194, 195, 198,
199, 216, 233, 269, 287, 290, 292, 294, 300, 305, 310, 326, 334, 335
purchase, 22, 78, 141, 142, 144, 145, 149, 151, 222, 244, 265, 314, 326, 327, 333, 334
purpose, 5–9, 11, 35, 36, 38, 42, 66–68, 72, 103, 132, 133, 136, 138–140, 142–144, 146, 147, 149–154,
156–158, 161–164, 179, 184, 186, 204, 219, 241, 252, 255, 262, 282, 298, 300, 308, 319, 323, 325, 327,
328, 330–334
R3, 258, 259, 329
Rapid Report & Response, 258, 329
rational choice, 97, 114, 115, 120, 126, 329
recipients, 136, 137, 139–142, 145, 146, 148–151, 153, 157, 163, 200, 287, 312, 323, 324, 326, 332, 334
recruitment, 5, 6, 25, 44, 51, 53, 57, 66, 67, 74, 104, 105, 107, 109, 139, 144, 145, 148, 166, 178, 223, 238,
240, 242–244, 264, 267, 268, 300, 326, 329, 330, 333
recruitment strategies, 107, 329
Redlight Children Campaign, 184
refugee, 60, 92, 159, 191, 192, 228, 284, 285, 290, 292, 294, 329
removal of organs, 6, 7, 131, 132, 140, 143, 144, 146–150, 155, 157, 164, 300, 319, 326, 327, 333
resolution, 5, 36, 37, 40, 61, 63, 91, 141, 148, 158, 159, 162, 163, 189, 194, 195, 198, 199, 233, 264, 268,
269, 276, 277, 290, 294, 310, 319, 334, 335
Resolution 55/25, 5, 40, 63, 162, 163, 189, 194, 195, 198, 199, 233, 264, 268, 269, 290, 294, 310, 334
restitution, 83, 216, 231, 280, 329
risk-taking, 70, 329
Runaway, 70, 85, 90, 93, 114, 203, 204, 209, 215, 234, 284, 320, 329
Safe Harbor for Exploited Children Act, 256, 329
Salesforce, 180, 255
Samoan Sweatshop, 8
SCTNow, 185
Serfdom, 38, 324
servitude, 4, 6, 10, 13, 16–18, 21, 25, 34–37, 40–44, 50, 51, 65–67, 74, 75, 77, 79–82, 85, 88, 106, 144,
166, 167, 174, 192, 200, 206, 208, 211, 216, 255, 271, 286, 299–301, 313, 316, 317, 322, 327, 330, 333
sex industry, 41, 53, 56, 69, 70, 72, 73, 85, 101, 185, 208, 209, 220, 224, 226, 242, 309, 322, 328, 330
sex-slavery, 4, 330
sex trafficking, 4, 14, 18, 19, 25–27, 30, 31, 51, 53, 57, 58, 62, 66, 68, 71–73, 75, 76, 82, 84, 85, 88, 89, 93,
95, 108, 124, 125, 127, 128, 180, 182, 184, 185, 191, 192, 202, 203, 207, 209, 216, 217, 220, 221, 224,
225, 228–231, 233, 242, 253, 255, 262–265, 267, 271, 292, 293, 301, 303, 307–310, 330
sex trafficking ring, 57, 330
sexual assaults, 8, 9, 13, 75, 77, 330
sexual exploitation, 5–7, 9, 16, 17, 34, 39, 41, 42, 46, 48, 50, 56, 66, 68–70, 72, 89, 93, 94, 96, 121, 123,
126, 128, 144, 171, 181, 182, 184, 197, 198, 200, 203, 204, 206, 209, 213, 222, 224, 227, 228, 238, 239,
244, 247, 249, 252, 256–258, 262, 266, 267, 286, 300, 301, 306, 308, 322, 326, 333
Shared Hope International, 184, 188, 196
SHI, 184
slave trade, 24, 27, 31, 35, 37–39, 42, 59, 63, 91, 123, 159, 189, 226, 263, 286, 292, 324, 333
slavery, 4, 6, 7, 16–18, 20–31, 33–37, 40–42, 44–46, 53, 54, 56–59, 62, 63, 66, 74, 75, 79–83, 89, 91–94,
96, 99, 105, 106, 120–123, 128, 129, 144, 159, 166, 167, 174, 180–184, 187–193, 195, 196, 198, 200,
213, 216, 217, 220, 221, 224, 226, 227, 233, 237, 239, 244, 247, 255, 263, 266–268, 271, 289–295, 299,
300, 302, 307, 309, 312, 313, 318, 320, 324, 327, 330, 333
smuggling, 3, 4, 6, 10–13, 20, 24, 26–28, 30, 73, 88, 92, 96, 98, 123, 133, 172, 173, 192, 198, 200, 220,
223, 225, 229, 233, 264, 265, 289, 291, 293, 298–300, 302, 309, 330
social inequality, 116, 313, 330
society, 18, 51, 62, 92, 99–101, 103, 105, 116, 122, 130, 151, 158, 160, 163, 164, 168, 172, 177–179, 190,
204, 205, 225, 227, 230, 238, 243, 260, 262, 263, 267, 268, 271, 279, 287, 291, 293, 303, 304, 323, 325,
330
socioeconomic status, 14, 48, 69, 301, 323, 330
Special Action Program to Combat Forced Labor, 36
special assessment, 200, 331
Spoofing, 244, 331
Spotlight, 18, 253, 271
stakeholders, 107, 152, 178–180
starvation, 8, 9, 13, 16, 41, 106
stateless crime, 331
stereotype, 331
Stockholm Syndrome, 208, 331
Stop Child Trafficking Now, 185
Supplementary Convention on the Abolition of Slavery, 27, 31, 37, 42, 59, 63, 91, 159, 189, 226, 324
suppliers, 103, 137–139, 259, 312, 324, 326
support, 8, 18, 24, 41, 85, 111, 126, 142, 154, 170, 172, 173, 177–182, 184, 194, 200, 207, 210, 212, 217,
218, 228, 237, 239, 246, 248, 250, 254, 257, 259, 261, 270, 271, 273, 275, 278–282, 285, 287, 288, 295,
298, 303, 325
suppress, 5, 7, 9, 11, 28, 29, 31, 39, 40, 59, 61, 63, 127, 158, 162, 163, 174, 176, 189, 194, 195, 198, 199,
233, 269, 290, 292, 294, 300, 305, 310, 334, 335
surplus, 22, 23, 101–104, 167, 307, 331
surplus labor, 23, 102, 103, 331
surplus services, 167, 331
survival, 12, 13, 23, 48, 106, 116, 135, 136, 142, 207, 208, 244, 268, 331
SW Florida Regional Human Trafficking Coalition, 185, 189, 196
sweatshop, 8, 51, 74, 85, 317, 331
syndicates, 132, 136, 137, 240, 333
systematic, 59, 64, 65, 72, 86, 87, 153, 322
systematic data, 65, 72, 87
task force, 35, 177, 195, 201, 203, 205, 320, 321, 328, 331
TAT, 185
technology, 102, 134, 135, 143, 220, 226, 237–271, 298, 311–313, 317, 319, 323, 324
temporary worker, 331
Thirteenth Amendment, 17, 53, 166
Throwaway, 70, 85, 93, 329
tier 1, 175, 176
tier 2, 175
tier 3, 175
tier system, 165, 175, 186, 305, 332
Title 18, 3, 17, 41, 79–81, 200, 205
tourism, 41, 68, 84, 131, 137, 140, 141, 144–146, 150, 155, 157, 158, 162, 163, 171, 222, 223, 225, 242,
315, 326, 334
trade in humans, 56, 245, 333
traffickers, 5, 10, 14, 16, 18, 19, 24, 40, 41, 46, 48–52, 55, 56, 67, 69, 70, 75, 76, 79, 83–86, 88, 89, 95,
98–101, 103–105, 107–109, 112–118, 132, 133, 135–139, 142–144, 150, 151, 153, 166, 167, 169–171,
174, 176, 181–183, 185, 194, 197, 198, 204, 206–214, 216–219, 225, 229, 230, 234, 235, 237–245, 247,
250, 251, 255, 257, 260, 261, 280, 281, 287, 292, 295, 297, 301–308, 318, 320, 326–329, 331, 333, 334
trafficking, 1, 3–31, 33–37, 39–46, 48–147, 150–235, 237–271, 273–312, 314–318, 320–322, 325–335
trafficking in persons, 3–31, 33, 34, 39–43, 45, 46, 52, 58, 59, 61, 63, 66, 72, 79, 83, 87–92, 94, 95, 97–134,
137–139, 142–147, 150–155, 158, 160–170, 172, 174–178, 183, 186, 187, 189–195, 197–203, 205, 210,
213, 216–219, 226, 227, 229, 230, 233, 237, 244, 246, 247, 250, 258, 261–264, 266, 267, 269, 273–303,
305, 307–310, 312, 321, 325, 326, 328, 330–335
Trafficking in Persons Protocol, 6, 7, 131, 139, 144, 147, 155, 168, 169, 186, 250, 273, 275–279, 281, 288,
300, 333
Trafficking syndicates, 136, 137, 333
trafficking victim, 61, 70, 79, 91, 160, 189, 208, 226, 234, 235, 255, 278
Trafficking Victims Protection Act, 40, 42, 43, 58, 59, 63, 66, 73, 79, 83, 89, 93–95, 160, 165, 171,
174–176, 186, 187, 189, 192, 199, 200, 202–205, 214, 219, 226, 233, 265, 282, 291–293, 298, 299, 332,
333
Trans-Atlantic slavery, 23, 333
transfer, 5, 6, 34, 38, 102, 104, 139, 144–146, 148, 240, 241, 243, 300, 326, 333
transit, 72, 133, 136, 274, 279, 301, 333
transit countries, 333
transnational, 5, 11, 19, 21, 27–31, 33, 39–41, 44, 45, 53, 59, 61, 63, 66, 72, 88, 127, 132, 133, 136, 138,
139, 153, 158, 162, 163, 171, 172, 189, 192, 194, 195, 198, 199, 226, 233, 244–246, 249, 251, 252, 264,
265, 268, 269, 274, 276, 287, 290, 294, 301, 310, 327, 334
transnational borders, 11
transnational organized crime, 5, 19, 21, 28, 29, 31, 39, 40, 59, 61, 63, 127, 136, 138, 139, 158, 162, 163,
189, 194, 195, 198, 199, 226, 233, 245, 249, 264, 268, 269, 276, 290, 294, 310, 334
Transnational Organized Crime Convention, 139, 245, 276
transplant, 131, 132, 134–137, 139–146, 148–151, 153, 155–159, 162, 163, 225, 315, 319, 324, 326, 327,
334
transplant commercialism, 146, 334
transplant tourism, 131, 140, 141, 144–146, 150, 155, 157, 158, 162, 163, 225, 315, 326, 334
transportation, 5, 6, 9, 11, 25, 35, 44, 45, 53, 55–57, 66, 68, 74, 101, 107, 108, 113, 114, 139, 144, 148, 166,
174, 185, 200, 212, 242, 255, 271, 285, 300, 302, 306, 322, 330, 333, 334
trauma, 52, 89, 94, 95, 98, 117, 118, 120, 122, 130, 181, 192, 206, 308, 334
trauma theory, 98, 117, 118, 120, 334
travel, 9–11, 83, 101, 103–105, 107, 109, 114, 136, 137, 139, 141, 142, 146, 151, 170, 178, 202, 212, 215,
225, 232, 250, 251, 285, 324, 334
travel for transplantation, 146, 334
treaties, 35, 36, 42, 62, 101, 165, 167, 168, 186, 275, 320, 321
treaty, 39, 62, 159, 170, 194, 246, 261, 262, 268, 270, 314, 321, 324
Truckers Against Trafficking, 185, 189, 196
TruckSTOP, 185
TVPA, 11, 40, 43, 59, 63, 66, 68, 73, 79, 80, 83, 89, 93–95, 112, 160, 171, 174–179, 189, 199, 202, 214,
 216, 226, 233, 282, 285, 299, 302, 305, 328, 332, 333
Twilio, 180, 255
Twitter, 239
Ubiquitous in Nature, 4, 33, 45, 99, 334
UCR, 43, 44, 63, 74, 90, 94
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, 5, 39, 127
United Network for Organ Sharing, 131, 140, 141, 155, 334
UDHR, 15, 16, 36, 37, 39, 335
UN Children's Fund, 168
UN Convention against Transnational Organized Crime, 194, 334
UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 335
under-age prostitution, 4, 299, 335
under-age prostitution of foreigners, 4, 299
Underground Industries, 3, 15, 72, 335
UNICEF, 86, 168, 172, 194, 303, 309
uniform, 43, 54, 63, 72, 74, 216, 256, 257, 261, 271, 287, 299, 335
Uniform Act, 256, 257, 335
Uniform Act on Prevention of and Remedies for Human Trafficking, 256, 335
Uniform Crime Reports, 43, 72, 74, 335
uniformity, 6, 65, 73, 87, 300
United Nations, 5, 18, 21, 27–31, 36, 37, 39, 40, 42, 45, 59–63, 90, 91, 94, 122, 127, 129, 139, 147,
157–165, 167, 168, 172–174, 176, 177, 185, 186, 189, 193–195, 198, 199, 226, 233, 264, 266, 268, 269,
281, 290, 292, 294, 299, 305, 309, 310, 326, 335
United Nations Children's Fund, 172, 194
United Nations General Assembly, 5, 36, 39, 40, 42, 60–63, 158, 163, 174, 189, 198, 199, 290, 335
United Nations Office on Drugs and Crime, 27–29, 31, 45, 59, 61, 63, 91, 94, 158, 160–162, 167, 172, 173,
189, 193, 194, 226, 264, 290, 294
Universal Declaration of Human Rights, 3, 15, 16, 27–29, 36, 37, 39, 42, 59, 62, 63, 166, 172, 194, 335
Unlawful Conduct, 78, 82, 271
UNODC, 7, 27–29, 31, 45, 46, 48, 59, 61, 63, 91, 94, 137–139, 143, 144, 158, 160, 162, 163, 168, 172, 189,
193, 194, 226, 264, 290, 294, 306, 310
UNOS, 131, 140, 141, 155
United States, 3, 7, 8, 10, 13, 14, 16–21, 25–30, 33–35, 40–42, 51, 53, 54, 56, 59, 61–64, 66, 68–70, 72, 73,
76, 80–83, 86–96, 112, 113, 122, 123, 127, 128, 133–135, 142, 158–160, 165–167, 173–176, 178–182,
184, 186, 189–192, 197–203, 205, 207, 208, 214, 217–219, 221, 222, 226, 227, 229–232, 234, 235, 238,
239, 244–247, 249, 254, 255, 258, 263–265, 267, 268, 271, 273, 281–283, 286, 288–295, 298, 299, 305,
307–309, 311, 315, 320, 322, 325, 329, 331–333, 336
United States Attorneys' Manual, 214, 235
United States Congress, 40, 59, 61, 89–91, 127, 160, 189, 219, 226, 227, 290, 333
United States Constitution, 17, 33, 34
United States Department of Justice, 17, 61, 63, 91, 127, 160, 189, 190, 227, 283
United States Department of State, 25, 28, 61, 62, 90, 92, 127, 160, 174, 190, 227, 264
US Code, 63, 79
USDOJ, 61, 91, 160, 190, 227
VAWA, 43
VGT, 247, 248, 252, 269, 270, 335
Victim Precipitation Theory, 97, 109, 112, 119, 335
violate, 11, 77, 81, 83, 183
violation, 4, 12, 15–18, 26, 37, 39, 80–83, 103, 152, 274, 275, 286, 291, 304, 306, 312, 320
Violence Against Women Act, 43, 174
Virtual Global Taskforce, 247, 252, 253, 269, 270, 335
visa, 54, 113, 224, 244, 286, 287, 295, 332
Vital Voices, 62, 92, 160, 185, 190, 193, 196, 227
Volunteer, 217
vulnerable, 9, 14, 18, 19, 22, 25, 41, 49–51, 62, 66, 69, 70, 76, 83–87, 92, 99–101, 103, 104, 113, 137, 140,
143, 145, 146, 148, 150, 151, 160, 169–171, 175, 178, 190, 193, 226, 227, 242, 301, 302, 304, 312, 315,
329
Warning Signs, 197, 198, 211, 212, 218, 219
White-Slave Traffic Act, 35, 336
youth, 51, 70, 71, 83, 85, 87, 89, 93–96, 112, 114, 121, 125, 129, 175, 203, 204, 211, 234, 256, 284, 329