Understanding Human Trafficking
“Trafficking in persons” and
“human trafficking” are umbrella terms—often used interchangeably—to refer to a
crime whereby traffickers exploit and profit at the expense of adults or
children by compelling them to perform labor or engage in commercial sex.
When a person younger than 18 is used to perform a commercial sex act, it is a
crime regardless of whether there is any force, fraud, or coercion involved.
The United States
recognizes two primary forms of trafficking in persons: forced labor and
sex trafficking. The basic meaning of these forms of human trafficking
and some unique characteristics of each are set forth below, followed by
several key principles and concepts that relate to all forms of human
trafficking.
More than 180 nations
have ratified or acceded to the UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons (the UN TIP Protocol), which defines trafficking in
persons and contains obligations to prevent and combat the crime.
The United States’ TVPA
and the UN TIP Protocol contain similar definitions of human trafficking.
The elements of both definitions can be described using a three-element framework
focused on the trafficker’s 1) acts; 2) means; and 3) purpose. All three
elements are essential to form a human trafficking violation.
Forced Labor
Forced Labor, sometimes
also referred to as labor trafficking, encompasses the range of activities involved
when a person uses force, fraud, or coercion to exploit the labor or services
of another person.
The “acts” element
of forced labor is met when the trafficker recruits, harbors, transports,
provides, or obtains a person for labor or services.
The “means” element
of forced labor includes a trafficker’s use of force, fraud, or coercion.
The coercive scheme can include threats of force, debt manipulation,
withholding of pay, confiscation of identity documents, psychological coercion,
reputational harm, manipulation of the use of addictive substances, threats to
other people, or other forms of coercion.
The “purpose” element
focuses on the perpetrator’s goal to exploit a person’s labor or
services. There is no limit on the location or type of industry.
Traffickers can commit this crime in any sector or setting, whether legal or
illicit, including but not limited to agricultural fields, factories,
restaurants, hotels, massage parlors, retail stores, fishing vessels, mines,
private homes, or drug trafficking operations.
All three elements are
essential to constitute the crime of forced labor.
There are certain types
of forced labor that are frequently distinguished for emphasis or because they
are widespread:
Domestic Servitude
“Domestic servitude” is a form of forced
labor in which the trafficker requires a victim to perform work in a private
residence. Such circumstances create unique vulnerabilities. Domestic workers are often isolated and may
work alone in a house. Their employer often controls their access to
food, transportation, and housing. What happens in a private residence is
hidden from the world – including from law enforcement and labor inspectors –
resulting in barriers to victim identification. Foreign domestic workers
are particularly vulnerable to abuse due to language and cultural barriers, as
well as a lack of community ties. Some perpetrators use these types of
conditions as part of their coercive schemes to compel the labor of domestic
workers with little risk of detection.
Forced Child Labor
The term “forced child
labor” describes forced labor schemes in which traffickers compel children to
work. Traffickers often target children because they are more
vulnerable. Although some children may legally engage in certain forms of
work, forcing or coercing children to work remains illegal. Forms of
slavery or slavery-like practices – including the sale of children, forced or
compulsory child labor, and debt bondage and serfdom of children – continue to
exist, despite legal prohibitions and widespread condemnation. Some
indicators of forced labor of a child include situations in which the child
appears to be in the custody of a non-family member and the child’s work
financially benefits someone outside the child’s family; or the denial of food,
rest, or schooling to a child who is working.
Sex Trafficking
Sex trafficking
encompasses the range of activities involved when a trafficker uses force,
fraud, or coercion to compel another person to engage in a commercial sex act
or causes a child to engage in a commercial sex act.
The crime of sex
trafficking is also understood through the “acts,” “means,” and “purpose”
framework. All three elements are required to establish a sex trafficking
crime (except in the case of child sex trafficking where the means are
irrelevant).
The “acts” element
of sex trafficking is met when a trafficker recruits, harbors, transports,
provides, obtains, patronizes, or solicits another person to engage in
commercial sex.
The “means” element
of sex trafficking occurs when a trafficker uses force, fraud, or
coercion. Coercion in the case of sex trafficking includes the broad
array of means included in the forced labor definition. These can include
threats of serious harm, psychological harm, reputational harm, threats to
others, and debt manipulation.
The “purpose” element
is a commercial sex act. Sex trafficking can take place in private homes,
massage parlors, hotels, or brothels, among other locations, as well as on the
internet.
Child Sex Trafficking
In cases where an
individual engages in any of the specified “acts” with a child (under the age
of 18), the means element is irrelevant regardless of whether evidence of
force, fraud, or coercion exists. The use of children in commercial sex
is prohibited by law in the United States and most countries around the world.
Key Principles and Concepts
These key principles and
concepts relate to all forms of trafficking in persons, including forced labor
and sex trafficking.
Consent
Human trafficking can
take place even if the victim initially consented to providing labor, services,
or commercial sex acts. The analysis is primarily focused on the
trafficker’s conduct and not that of the victim. A trafficker can target
a victim after a victim applies for a job or migrates to earn a living.
The trafficker’s exploitative scheme is what matters, not a victim’s prior
consent or ability to meaningfully consent thereafter. Likewise, in a sex
trafficking case, an adult victim’s initial willingness to engage in commercial
sex acts is not relevant where a perpetrator subsequently uses force, fraud, or
coercion to exploit the victim and cause them to continue engaging in the same
acts. In the case of child sex trafficking, the consent of the victim is
never relevant as a child cannot legally consent to commercial sex.
Movement
Neither U.S. law nor
international law requires that a trafficker or victim move across a border for
a human trafficking offense to take place. Trafficking in persons is a
crime of exploitation and coercion, and not movement. Traffickers can use
schemes that take victims hundreds of miles away from their homes or exploit
them in the same neighborhoods where they were born.
Debt Bondage
“Debt bondage” is focused
on human trafficking crimes in which the trafficker’s primary means of coercion
is debt manipulation. U.S. law prohibits perpetrators from using debts as
part of their scheme, plan, or pattern to compel a person to work or engage in
commercial sex. Traffickers target some individuals with an initial debt
assumed willingly as a condition of future employment, while in certain
countries traffickers tell individuals they “inherited” the debt from relatives.
Traffickers can also manipulate debts after the economic relationship begins by
withholding earnings or forcing the victim to assume debts for expenses like
food, housing, or transportation. They can also manipulate debts a victim
owes to other people. When traffickers use debts as a means to compel
labor or commercial sex, they have committed a crime.
The Non-Punishment Principle
A victim-centered and
trauma-informed approach is key to successful anti-trafficking efforts. A
central tenet of such an approach is that victims of trafficking should not be
inappropriately penalized solely for unlawful acts they committed as a direct
result of being trafficked. Effective implementation of the
“non-punishment principle,” as it is increasingly referred to, not only
requires recognizing and embracing the principle in regional and national laws,
but also increasing proactive victim identification.
State-Sponsored Human Trafficking
While the TVPA and UN TIP
Protocol call on governments to proactively address trafficking crimes, some
governments are part of the problem, directly compelling their citizens into
sexual slavery or forced labor schemes. From forced labor in local or
national public work projects, military operations, and economically important
sectors, or as part of government-funded projects or missions abroad, officials
use their power to exploit their nationals. To extract this work,
governments coerce by threatening the withdrawal of public benefits,
withholding salaries, failing to adhere to limits on national service,
manipulating the lack of legal status of stateless individuals and members of
minority groups, threatening to punish family members, or conditioning services
or freedom of movement on labor or sex. In 2019, Congress amended the
TVPA to acknowledge that governments can also act as traffickers, referring
specifically to a “government policy or pattern” of human trafficking,
trafficking in government-funded programs, forced labor in
government-affiliated medical services or other sectors, sexual slavery in
government camps, or the employment or recruitment of child soldiers.
Unlawful Recruitment or Use of Child Soldiers
Another manifestation of
human trafficking occurs when government forces or any non-state armed group
unlawfully recruits or uses children – through force, fraud, or coercion – as
soldiers or for labor or services in conflict situations. Children are
also used as sex slaves. Sexual slavery, as referred to here, occurs when
armed groups force or coerce children to “marry” or be raped by commanders or
combatants. Both male and female children are often sexually abused or
exploited by members of armed groups and suffer the same types of devastating
physical and psychological consequences associated with sex trafficking.
Accountability in Supply Chains
Forced
labor is well documented in the private economy, particularly in agriculture,
fishing, manufacturing, construction, and domestic work; but no sector is
immune. Sex trafficking occurs in several industries as well. Most
well-known is the hospitality industry, but the crime also occurs in connection
with extractive industries where activities are often remote and lack
meaningful government presence. Governments should hold all entities,
including businesses, accountable for human trafficking. In some
countries, the law provides for corporate accountability in both the civil and
criminal justice systems. U.S. law provides such liability for any legal
person, including a business that benefits financially from its involvement in
a human trafficking scheme, provided that the business knew or should have
known of the scheme.
Source:
https://www.state.gov/reports/2024-trafficking-in-persons-reports#section-6
Human trafficking remains a significant global issue, affecting
millions of people.
Here are some key points about the current situation:
1.
Prevalence:
Human trafficking affects every region of the world. The most common forms are
sexual exploitation and forced labor. Women
and girls are the primary victims of sexual exploitation, while men and boys
are often subjected to forced labor1.
2.
Statistics:
The number of identified victims has increased significantly over the years. Between
2008 and 2019, the number of identified victims worldwide more than quadrupled
from around 30,000 to nearly 120,0002. However, the
true scale of human trafficking is difficult to measure due to its clandestine
nature.
3.
Regional Variations: Different regions experience different forms of
trafficking. For
example, in parts of Africa and the Mekong region, children make up the
majority of trafficking victims1. Intra-regional
and domestic trafficking are more common than transcontinental trafficking1.
4.
Legal and Governmental Response: While many countries have made significant strides in
implementing legal frameworks to combat trafficking, enforcement remains
inconsistent. Some
countries still lack the necessary legal instruments or political will to
effectively address the issue1.
5.
Impact of COVID-19: The COVID-19 pandemic initially led to a decrease in trafficking due
to travel restrictions. However,
the numbers have since returned to pre-pandemic levels2.
6.
Challenges:
One of the biggest challenges in combating human trafficking is the lack of
comprehensive data. Many
governments are still in denial or neglectful when it comes to reporting and
prosecuting cases1.
Efforts to combat human trafficking continue
to evolve, but much work remains to be done to protect vulnerable populations
and bring traffickers to justice.
If you have any specific questions or need
more detailed information, feel free to ask!
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