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Congress Opens Its Eyes to the Reality of DMST

On September 15, 2010, the culmination of many voices and a powerful idea finally found its way into the halls of the illustrious Rayburn Building. With a knock of the gavel, Chairman Bobby Scott (D-VA) began his introduction, “Subcommittee will now come to order, and I am pleased to welcome you [to]…today’s hearing before the Subcommittee on Crime, Terrorism, and Homeland Security. The committee is hearing Domestic Minor Sex Trafficking and specifically, H.R. 5575-Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010.”

This bill, sister to the Senate bill (S. 2925), was introduced by Representatives Carolyn Maloney (D-NY) and Christopher Smith (R-NJ) in June and has collected 24 co-sponsors. Despite the pending Congressional votes that day and the haste of a short session, the room was filled to capacity with listeners awaiting the testimonies of the two distinguished witness panels. Spectators even filtered into an overflow room to view the hearing via satellite; while, the most notable media in attendance included: CNN, Fox News, C-SPAN (Full Video Coverage) Washington Post, Christian Broadcast News, Al Jezeera, and Change.org

Though not every member of the Subcommittee was able to attend, Chairman Scott was joined by Ranking Member Gohmert (R-TX), Rep. Lungren (R-CA), Rep. Jackson-Lee (D-TX), and Rep. Poe (R-TX) for the hearing.

The first panel was comprised of five members, including our very own founder and President, former Congresswoman Linda Smith:

  • Representative Carolyn B. Maloney (R-NY)
  • Representative Jackie Speier (D-CA)
  • Representative Ted Poe (R-TX)
  • Representative Christopher Smith (R-NJ)

The second witness panel included law enforcement, NGO representatives, a survivor, and an employee of Craigslist/ their attorney:

  • Ms. Francey Hakes, National Coordinator for Child, Exploitation Prevention and Interdiction, US Dept. of Justice
  • Mr. Nicholas Sensley, Chief of Police, Truckee Police Dept., Truckee CA
  • Mr. Ernie Allen, President & CEO, National Center for Missing and Exploited Children
  • Ms. Tina Frundt, Partner to SHI and Survivor and Executive Director/Founder, Courtney’s House
  • Ms. Suzanna Tiapula, Director of National Center for Prosecution of Child Abuse  of the National District Attorneys Association
  • Ms. Deborah Richardson, Chief Program Officer of Women’s Funding Network
  • Mr. William “Clint” Powell, Director of Customer Service/Law Enforcement Relations, Craigslist, Inc.
  • Ms. Elizabeth “Liz” McDougall, Partner at Perkins Coie, LLP, Craigslist, Inc. Representation

It is not often that so many organizations come together to give testimony for a single bill, and in light of the recent Craigslist allegations related to fostering minor sex trafficking via the Adult Services section on the company’s Web site, urgency for passage of the bill was unmistakable. H.R. 5575 authorizes the US Department of Justice’s Office of Justice Programs to allocate six, one-year block grants of $2.5 million to create a victim-centered approach in addressing the sex-trafficking of minors. This includes placing a heavier focus on the necessity for proper shelters and services for victims, providing funding to improve resources for law enforcement agencies, such as the National Crime Information Center (NCIC) system of tracking data of missing and exploited children, and creating treatment programs in lieu of incarceration for those charged with solicitation of prostituted children. The bill also addresses deterrence tactics to prevent men from buying young girls for sex, including $2500 fees, vehicle impoundment, etc.

Panel One:

After brief introductory statements and comments from the members of the Subcommittee, the first round of testimony began with Rep. Carolyn Maloney poignantly describing the institution of sex trafficking as the recycling of human beings. The position and mindset of the Congressional panel was emulated by Rep. Ted Poe who recalled being told to “get a rope,” when he was serving as judge in Texas, to address perpetrators of sex exploitation.

Congressman Christopher Smith echoed the need for reformation by declaring this issue a huge and escalating crisis. He commended Rep. Speier for asserting that we need to do what the bill has outlined and expand on it ten-fold.

Former Congresswoman Linda Smith brought the first panel testimonies to a close by screening a short victim testimony video and giving a voice to the voiceless; she called her“Lacy”.  Linda Smith discussed the issue of DEMAND for younger and younger victims as the driving force of this market. She implored the committee to understand that those who buy sex from innocent children should receive the full penalty under the law.

Panel Two & Questioning:

The main focus of the second panel was a reiteration of the need for resources, a reverberating sound of how prolific the use of the Internet to exploit children has grown (and not just on Craigslist) and the need for law enforcement to use this same technology to combat it. Rep. Poe said he wanted to the see the pictures of every buyer posted online and done more fervently than the traffickers post pictures of their girls.
The DOJ’s Innocence Lost Initiative was noted for making strides, but they need to capitalize on their progress. The 10 traffickers that have presently been indicted needs to become 1000; the approximate 1200 children rescued needs to look more like 10,000; and the 50 beds available for these rescued victims needs to become 50,000.

There is a social change that is needed, according to Mr. Ernie Allen. This was done to campaign against tobacco and for the use of seat belts, and now we need society to see the realities of the heinous crimes happening to our children in America. As Tina Frundt so powerfully stated, “We need this [change] yesterday!”

Once questioning concluded, Chairman Scott adjourned the hearing with the closing remarks, “This was a very powerful hearing. We can do a lot more if we focus our minds to it.” Focus our minds we must, and continue to take the needed steps e.g. Craigslist shutting down their adult services section, but more importantly, the American people need to re-sensitize their psyche and raise their voices to fight against Domestic Minor Sex Trafficking.

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Political Asylum for Trafficking Victims in the TVPA: Rule or Exception?

Full of hopes and aspirations, thousands of women and children end up trafficked into the United States each year by false promises of a better opportunity, school or the fulfillment of a vocational dream, only to later realize that they have been forced into sex slavery. This is a story we hear too often, but what legal action has been put in place to prevent these foreign victims from being trafficked? The Trafficking Victims Protection Act (TVPA) has helped numerous trafficking victims, domestically and internationally, however, I believe this Act could be revised to generate more aid and programs for international trafficking victims. The TVPA allows immigrant women and children to report crimes committed against them to law enforcement and grants political asylum to victims of trafficking through a temporary T-VISA. This T-VISA allows the trafficked persons to receive aid from the Federal government. There are several limitations within the TVPA that facilitate the revolving door  for trafficking victims; when they are deported it is most likely they will inevitably be subjected to human trafficking and sexual exploitation again in their home country.

The most prevalent critiques of the TVPA are:

1.      Victims must qualify as a, “victim of severe trafficking.”

2.      The victims must testify against their traffickers to receive asylum.

3.      If the victim is not deemed eligible for the T-VISA they receive no protection, safe housing, and are ultimately deported.

To be considered a victim of severe trafficking, adult victims must prove they were coerced by fraud or force into sex trafficking. Language and education barriers prevent many trafficked victims from being able to convey their specific situation. The Honorable Mark P. Lagon states the specific shortfall of the differentiation between severely trafficked victims and trafficked women in the hearing before the House Committee on Foreign Affairs, Out of the Shadows: The Global Fight Against Human Trafficking. Lagon asserts, “Despite global trafficking foci and flashpoints, there are no “lesser” victims of trafficking. Since TIP’s essence is groups denied equal dignity, let us not in our anti-TIP policy privilege some victims over others. They are all of equal value in humankind.”

Testifying for trafficking victims can be dangerous. In most circumstances traffickers threaten to kill victims’ families if they tell authorities about their captivity, so most remain silent. This also draws a clear distinction between international victims and domestic victims in that they are unable to receive assistance for their sexual exploitation through organizations who provide safe housing, protection from traffickers, medical and psychological attention, and training so victims can become functioning members of society.

When a victim of human trafficking has been determined a “severe trafficking victim,” or a prostitute, the care provided is drastically different. If a victim is unwilling to cooperate with the prosecution of the trafficker or is determined a prostitute by the Attorney General only after cooperating with federal and local law enforcement officials, deportation is most often their fate. But at what point does a victim of severe trafficking and prostitution cross? Is it only minors that are victims of trafficking?

During the “Out of the Shadows” hearing Mark Lagon states, “First of all, if lured into the sex trade as a minor, does it suddenly become a choice the day someone turns 18? Moreover, we know that numerous adult females in the global sex trade are subject to force, fraud, or coercion – including subtle psychological terror and trickery – making them trafficking victims even under the strict standards of the Palermo Protocol.” Yet this standard does not extend to the TVPA.

Ambassador at large, Luis CdeBaca, from the Office to Monitor & Combat Trafficking in Persons of the U.S. State Department, declares the Office’s goal is to, “Strengthen trafficking victims’ protection and assistance by encouraging cooperation between governments and NGOs, and enhancing the capacity of civil society organizations so they might provide comprehensive services that fully address the needs of victims. We will support evidence-based research to evaluate the impact of our programs and fill core data gaps. We will partner with the private sector to leverage resources and expertise to develop innovative solutions to this age old problem.” To echo the advice of CdeBaca, Lagon also insists the utilization of services such as, “NGOs and more efficacious international organizations – like the International Organization of Migration (IOM)” to aid in the support and protection of sex trafficking victims.

To mirror the suggestions of the anti-sex trafficking movement, there needs to be more services available to victims of this tragedy. Turning away victims because they do not fit into specific criteria is counter-productive. The greatest majority of women and children do not choose this life; they are virtually always thrown into this situation by force, coercion, or economic disparities they cannot overcome. Currently, political asylum is not the rule it is the exception; this should be altered so we treat every sexually exploited human as a victim.

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Anti-trafficking report: Jamaica

When most people think of Jamaica, they think of sitting on a beach with clear water, white sand, palm trees, and reggae music playing in the background. Few people would think of a 13 year old girl living in poverty, being forced into prostitution by her brother. Unfortunately, this is not uncommon in Jamaica where sex tourism, poverty and unemployment fuel the forced prostitution of minors. In June the U.S. State Department released the 2010 Trafficking in Persons (TIP) report. The report ranks countries as Tier 1, Tier 2, Tier 2 Watch List, or Tier 3 (more info). This year, Jamaica was ranked Tier 2. Due to a high economic dependance on sex tourism, Jamaica will have a difficult time attempting to reduce their human trafficking problem.

History of Trafficking in Jamaica

In the beginning stages of formulating a plan for dealing with sex trafficking and child prostitution, Jamaica was ranked Tier 2 in 2003. The Ministry of Health began inspecting sex clubs and other places where minors were suspected to be employed. The Child Care and Protection Act (CCPA) passed in 2004, however trafficking was only in one section of the legislation. Because of this Jamaica was placed on the Tier 2 Watch List due to the lack of implementation by the government to combat human trafficking.  In 2005 Jamaica was ranked Tier 3, because there was “no discernable action taken.” In light of being placed in Tier 3 and under pressure from the U.S., Jamaica conducted public awareness campaigns, created a task force, and increased law enforcement efforts. In 2007 Jamaica passed a comprehensive act called the Trafficking Act of Jamaica, which prohibited the trafficking of persons, including minors, for commercial sexual exploitation. Due to this legislation, Jamaica returned to Tier 2 and has maintained the rank for the past four years.There are many problems in Jamaica that make combating sex trafficking difficult. Jamaica’s garrison communities are not effectively controlled by the government, instead crime bosses or “Dons,” rule these poverty stricken areas and violently promote their criminal agendas. The Jamaican government has difficulty enforcing laws in these areas as many people fear the Dons more than the government. Jamaica also suffers from extreme poverty and over 14.5% unemployment. In 2007 a report on Jamaica identified poverty and unemployment as the main causes of sexual exploitation in Jamaica. Shared Hope International’s (SHI) 2007 “DEMAND” report stated that Jamaica’s heavy economic reliance on tourism fuels demand for commercial sex.

TIP Report Evaluation

The 2010 TIP report ranked Jamaica a Tier 2 country. Jamaica is a source, transit, and destination country for women and children specifically for forced prostitution. Poor women, girls, and increasingly boys, are being forced into prostitution in mostly urban and tourist areas due to the popularity of sex tourism.

Prosecution– No progress. In 2009, few traffickers were prosecuted, none were confirmed to be convicted, and many disappear on bail.

Protection– Some progress. In partnership with an NGO, the Jamaican government plans to partially fund three new shelters. Victims were generally not punished for trafficking related violations.

Prevention– Some progress. The government funded anti-trafficking campaigns in schools and libraries and funded one NGO to raise awareness among youth in rural communities.

Reactions and Responses

The government of Jamaica has not made a negative statement about the report or ranking, however there have been some comments made from newspapers and other sources about whether America has the authority to grade others’ progress. A commentary in the Jamaica Gleaner stated, “…I find it counterproductive for the US to stand in judgment of the world when the very evil it purports to eradicate is happening in abundance in its backyard.”(Quill). Although the U.S., like other countries, could always do more, the U.S. is doing a great deal to comply with the UN protocol to prevent, protect, and prosecute. For most countries this data may be useful in creating a strategy to combat human trafficking, or could serve as a wake up call to speed up policy formation. The report is not perfect, and politics guided the ranking of some countries. However, in the case of Jamaica, the ranking seems fair given the undeniable trafficking problem due to poverty, unemployment, and demand from the sex tourism industry.

Shared Hope International Efforts in Jamaica

Jamaica was one of the four countries investigated for SHI’s 2007 “Demand.” report on trafficking markets. Information from this report was submitted to Jamaica’s Constabulary Force which resulted in the rescue of a 14 year old girl.

Two partners in Jamaica currently provide shelter and services for victims. Theodora House and Project in Negril includes a shelter and a computer center to help provide vocational training. Additionally, SHI supports Hebron House, which is a home-like shelter which serves sexually exploited girls.

What Now?

SHI staff take advantage of the skills learned by the WIN students!

With the release of the report and the ranking for Jamaica remaining the same for the 4thyear now, I hope that more will be done to combat this exploitive practice. Police must be trained in trafficking recognition, vigorously pursue traffickers, and conduct thorough investigations into suspected cases. Increased public awareness programs are necessary not only for residents but also sex tourists who come to Jamaica year round and and create demand for commercial sex with young girls. However, with extreme poverty, crime, limited resources, and increasing demand, these changes are going to be no easy task. That is why non-profits, NGOs, politicians, and grassroots organizations can not stop advocating for and supporting these women and children who can not speak for themselves.

If we do not stand up and defend them, then who will?

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Anti-Trafficking Report: India

The 10th annual Trafficking in Persons report (TIP report) was released in June and placed India on the Tier 2 Watch List for the seventh consecutive year.  However, India should drop to Tier 3 because of all the corruption of political and law enforcement officials as well as the lack of arrests, prosecutions, and services provided by the government.

Historically, India has been known to be a source, transit, and destination country for human trafficking.  All types of human slavery occur within the country—labor, sex, domestic victims, foreign victims, trafficking of men, women, and children.  The history of India’s human trafficking issue varies by region.  For example, in Mumbai exists the largest red-light district in Asia—Kamathipura.  The area first began as a place for British troops to relax and “be comfortable.”  In about the 19th century, women and girls were trafficked to work as prostitutes for the British and Indian men.  The British eventually left India and the region was taken over by Indian sex-workers and traffickers.  More recently, many women and girls from Nepal are also trafficked into Kamathipura to work as sex slaves.  It will take a lot of patience and hard-work to undo what was begun in Kamathipura.  That is just one story of  the MANY large red-light districts in India.

This year’s TIP report contained a comprehensive summary and many statistics on human trafficking in India. To access the full report on India click here, for a brief summary see below:

–        Only a few states (such as Andhra Pradesh and Tamil Nadu) showed significant improvement in enforcing laws

–        The amount of police corruption that occurs in India is large and rampant

–        NGOs are the key players in the anti-trafficking movement

–        India has a slow & backed-up court system that contributes to injustice

–        Some laws meant to rescue, restore, and protect victims are used to punish them (Section 8 of the ITPA and the Foreigner’s Act)

–        38 AHTUs (Anti Human Trafficking Units) in police departments are responsible for investigating human trafficking cases, and are meant to be comprised of specially-trained police officers

–        There have been recently more prosecutions fully processing in places such as Delhi (several stories mentioned in the TIP report)

SHI Staff with the lovely ladies at Ashagram

India has been put on the “Tier 2 watch list” in the TIP report  for the seventh consecutive year.  This ranking is the second to lowest in which “the government does not fully comply with the TVPA’s minimum standards, but is making significant efforts to bring themselves into compliance with those standards,” and there is either an increasing number of victims or little to no evidence of efforts to combat slavery.

“Why has India been on the watch list for so long and not dropped to a Tier 3?”  It is rumored that our diplomatic relations prevent India from dropping to Tier 3.  However, since amendments were made by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, India may drop to a Tier 3 next year.  The amendment states that any country that has been ranked Tier 2 Watch List for two consecutive years (beginning from the time of the 2009 report) and that would otherwise be ranked Tier 2 Watch List for the next year will instead be ranked Tier 3 country, thus facing sanctions.

India has the necessary legislation to tackle human trafficking through prosecution of traffickers/clients and provision of services to victims.  Unfortunately, these laws are ineffectively enforced and traffickers often go unpunished and victims are often left unassisted.  Legislation is sometimes used against victims, such as Section 8 of the Immoral Trafficking Prevention Act (ITPA) which prohibits the act of solicitation for prostitution.  It was used in some states to detain and penalize women in prostitution that often included trafficking victims (several state governments – such as Andhra Pradesh and Tamil Nadu – discouraged its use).  The TIP report repeatedly noted that NGOs are leading the fight against human trafficking because the Indian government is slow, corrupt, and seemingly powerless.

Shared Hope International was  initially founded to respond to the horrors of sex-trafficking in India.  Just 2 hours north of Mumbai (Bombay), Shared Hope International funds Bombay Teen Challenge to operate the 72-acre Village of Hope in India called “Ashagram.”

Ladies of the WIN program proudly
show their products.

At the Village of Hope more than 140 female survivors of sex trafficking are provided with safety, security, medical care, emotional care, literacy training, educational training, and access to vocational facilities that provide a variety of options for economic development through the WIN program.  Shared Hope also partners with Bombay Teen Challenge to operate a HIV/AIDS clinic that serves more than 2,000 people in and around the brothel district of Mumbai each year through providing protein packed meals, counseling, ART (anti-retroviral treatment) and other services.  These programs have seen many women, like Ganga, become fully restored women who return to the brothel district to help others survive their victimization.

To include all information about India’s anti-trafficking efforts would take a long time since India is a country of 1 billion people. I encourage you to even go beyond the links to educate yourself on the issue of human trafficking because it is a very important step in ending modern-day-slavery.

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