Ius Gentium

University of Baltimore School of Law's Center for International and Comparative Law Fellows discuss international and comparative legal issues


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Understanding and Combatting Slavery in Mauritania

Alison Aminzadeh

Mauritania is a country in West Africa, and has become the fourth country overall and second African country to approve a UN Treaty designed to put “teeth” in its efforts to stop modern day slavery – specifically, forced labor and trafficking[1].  The 2014 Protocol modernizes the Forced Labour Convention of 1930.[2] The states that ratify the new protocol must “change laws to improve victim protection, compensation, and access to justice.”[3] . The protocol includes (1) measures to prevent modern forms of slavery and (2) to compensate victims. The International Labor Organization (ILO) seeks to have at least fifty countries sign the protocol by 2018. The ILO estimates that 21 million people are forced into labor worldwide, which is a $150 billion dollar a year industry (in illegal profits). Common places where slaves are used include: brothels, farms, fisheries, factories, construction and domestic service.[4]

Mauritania Political Map

Mauritania Political Map with capital Nouakchott, national borders, most important cities, rivers and lakes. 

However, one problem that arises when discussing slavery in Mauritania is that Americans do not have a framework for what slavery looks like in other countries.  Slavery in Mauritania looks different than slavery in American history books.[5] The slavery that dominated the southern U.S. states was based on human exploitation. Some argue that in Mauritania, in contrast, is a “rural fiefdom within an agro‑pastoral lifestyle, marked by social stratification and division of labour” rather than “systematic torture and segregation.” Slaves are still subordinate in society, but not marked by shackles and physical abuse in the way it was in the American south.[6] One particular gendered form of slavery is that girls from Mauritania are commonly trafficked to the Middle East, according to U.S. State Department’s Annual Trafficking Report.[7]

Slavery in Mauritania is also determined by a caste system. The slave caste is called the Haratin, descended from Black African ethnical groups along the Senegal River. They are usually Herders and domestic servants.[8] In contrast, the ruling caste – a minority – is the Beydanes (Arab-Berbers), who hold the wealth and political power.[9]

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Slavery is a de jure crime in Mauritania, but it is still practiced.[10] Mauritania criminalized slavery in 2007. In 2015, the government passed a new law that makes the offense a crime against humanity, doubling the prison term to twenty years.[11] However, the Global Slavery Index indicates that Mauritania has the highest prevalence of slavery in the world, with 4% of population is enslaved (Four percent of the population totals about 150,000 people).[12] Although now technically freed according to the law, majority of those not enslaved still live in slums and unemployment.[13]

Even after slavery was criminalized in 2007, those campaigning for its abolition still face many obstacles. Anti-slavery advocates allege that “complaints [that people are still being enslaved] are not properly investigated and that anti‑slavery campaigners have been arrested and jailed [for making those complaints].”[14] The jailing of these advocates is not surprising in the context of Mauritania’s judicial system, as the assertion that the justice system is failing victims of slavery in Mauritania is not unprecedented. The judicial system is heavily influenced by the government and has a reputation for being corrupt. Most of the members of the judicial system are also Beydanes, the ruling caste.[15] Nema Oumar is a journalist who wrote an article that alleged that a defense attorney had bribed three judges with 25 million ouguiyas (68,650 euros) to release a police officer and businessman accused of drug trafficking. Oumar was arrested and held for defamation as a result of his article.[16]

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Shortly before the UN Human Rights Council in Geneva was set to review the “Roadmap to Combat Vestiges of Slavery” (a 49-page report published by the Mauritanian government), a group of NGOs released a report of their own. This group consisted of the Society for Threatened Peoples, in cooperation with the Unrepresented Nations and Peoples Organization (UNPO), Anti‑Slavery International, IRA‑Mauritania, SOS‑Esclaves, and Kawtal Ngamyellitaare. Their report, titled “Slavery in Mauritania: The Roadmap to combat the vestiges of slavery is not being implemented convincingly,”  argues that the Roadmap has failed to effectively implement any of its goals. Speaking on behalf of the group, Johanna Green of the UNPO stated that “[t]he lack of implementation of the Roadmap clearly points to the absence of political and judicial will to address the problem of slavery which is exacerbated by the Mauritanian Government’s denial of its very existence.”[17] Her statement summarizes the critical position that many have taken to the Mauritanian government’s efforts, which is that there needs to be more support among government officials, judges, and attorneys in order to effectively enforce the goals involved in ending slavery.

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The ILO’s Africa director (Aeneas Chapinga Chuma,) stated that the ratification of the UN Protocol is “a first concrete step in putting in place the legal framework to protect people from the scourge of human exploitation and forced labor.[18] By essentially updating the Forced Labour Convention and improving laws to focus more on victims, states such as Mauritania will have more powerful enforcement mechanisms in place for ending slavery, a practice that is woven into the fabric of its culture.

Alison Aminzadeh is a third year law student at the University of Baltimore. She is currently a Rule 16 attorney working on the Human Trafficking Project as a part of the Civil Advocacy Clinic. She is also a Senior Staff Editor for the Journal of International Law, and the former President of the Students Supporting the Women’s Law Center.

[1] The other three countries are Norway, Niger, and Britain. Jasmine Nelson, Mauritania Joins Fight Against Modern-Day Slavery, Approves U.N. Treaty to End Trafficking, Atlanta Blackstar (Mar. 16, 2016), available at http://atlantablackstar.com/2016/03/16/mauritania-joins-fight-against-modern-day-slavery-approves-u-n-treaty-to-end-trafficking.

[2] International Labour Organization (ILO), Forced Labour Convention, C29, 28 June 1930, C29, available at http://www.refworld.org/docid/3ddb621f2a.html (accessed 21 March 2016).

[3] Atlanta Blackstar, supra note 1.

[4] Id.

[5] Ahmed Meiloud & Mohammed El Mokhtar Sidi Haiba, Slavery in Mauritania: Differentiating Between Fact and Fiction, Middle East Eye (last updated Apr. 21, 2015), available at http://www.middleeasteye.net/essays/slavery-mauritania-differentiating-between-facts-and-fiction-103800371.

[6] Id.

[7]Atlanta Blackstar, supra note 1.

[8]Id.

[9] Id.

[10] Mauritania Fails to Implement Roadmap to Combat Vestiges of Slavery, Unrepresented Nations and Peoples Organizations (Feb. 29, 2016), available at http://unpo.org/article/18958.

[11] Atlanta Blackstar, supra note 1.

[12] Id.

[13] Middle East Eye, supra note 5.

[14] Atlanta Blackstar, supra note 1.

[15] Alexis Okeowo, Freedom Fighter, New Yorker (Sept. 8, 2014), available at http://www.newyorker.com/magazine/2014/09/08/freedom‑fighter.

[16] Mauritania: A Journalist and Publisher Arrested for Accusing Judges of Corruption, African Press Organization (Jul. 22, 2008), available at https://appablog.wordpress.com/2008/07/22/mauritania-a-journalist-and-publisher-arrested-for-accusing-judges-of-corruption/.

[17] Unrepresented Nations and Peoples Organizations, supra note 12.

[18] Atlanta Blackstar, supra note 1.

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Faux-Pas Fashion “Caveat Emptor”: Let The Buyer Beware

Kia Roberts Warren

Growing up in one of the fashion capitals of the world (NYC), I am, admittedly, a bit of a fashionista. I learned at a very young age that if you go down to Canal Street and enter a store looking for a Chanel boy bag that someone will take you to the small back room or a van filled with every designer name imaginable. This is the second oldest profession: counterfeiting. Many consumers believe that these counterfeiters are doing a service because consumers do not want to pay an exorbitant price for the real thing. However, counterfeiting is not a victimless crime.

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A counterfeit is a trademark infringement, a manufactured good being passed off as an original under the trademark.[1] This is harmful to luxury brands because their trademark is their business. Luxury brands rely on their trademarks to attract consumers and the brand mark signals to consumers the high quality of their products. Counterfeiting hurts the economy. The United States economy loses up to $250 billion in sales each year and 750,000 jobs lost.[2] In 2015, the EU economy reported a value 9.7% of their total sales every year or $28.7 billion and 363,000 jobs lost.[3]KRW Blog2_Photo2

Counterfeiting is a $600 billion industry and represents 5-7% of total world trade.[4]  And, these numbers are only increasing due to modern technology and the Internet. Because consumers can now shop within their own homes, counterfeit sales are on the rise because companies cannot watch the internet 24/7 looking for counterfeit sites [5] In 2007, for example, $119 billion worth of knock-off merchandise were purchased on the web.[6]

If clothing does not interest you like it does me, just know that more than clothing and handbags are counterfeited. Counterfeits have spread to toys, electronics, cosmetics, and pharmaceuticals,[7] many of which are sold through legitimate retail stores and websites.[8] These are public safety issues; these counterfeits are made with hazardous materials to the environment and to people’s health. Counterfeit luxury goods, also, have serious criminal ramifications that are not known to most consumers.

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Shakil Khan, 10, has worked for 4 months in a garment factory in Old Dhaka, making money for his impoverished family in Chandpur, Bangladesh. Nafeesa Binte Aziz/Toronto Star

Counterfeit luxury goods aren’t just hurting the economy, but promote child labor exploitation, human trafficking, drug trafficking, and even terrorism as well as other civil, criminal, and administrative crimes.[9] A Vietnamese crime gang leader earned $13 million selling counterfeit watches in New York.[10] Children, as young as six, are treated to excessively cruel and criminal treatment.[11] Forced laborers are smuggled into the country with the products to sell them and to place the finishing touches on the goods after getting across the borders.[12] There have been reports of authorities uncovering operations where proceeds from drug trafficking were channeled into counterfeiting and, vice versa, where profits from the sale of counterfeit goods were used to further other illicit operations.[13] The FBI has evidence that the World Trade Center 1993 bombing was financed with counterfeit luxury goods on Canal Street.[14] In 1996, the FBI found that followers of Sheik Omar Abdel Rahman, a blind cleric who was sentenced to 240 years in prison for plotting to bomb New York City landmarks, had made millions of dollars selling counterfeit t-shirts bearing Nike and Olympics logos.[15]

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So what can be done to protect fashion maisons and stop crime? Louis Vuitton employs about 40 lawyers, 250 independent investigators, and spends over $20 million each year to fight counterfeiting of its products.[16] Fashion maisons also turn to MarkMonitor (a corporation that accesses data and detects unauthorized channels and shuts them down) for help.[17] Of course, all of these costs get passed on to the consumer. There are also national laws in place. For example, the U.S. enacted the Lanham Act and Copyright Act of 1976.[18] In France, consumers can be forced to pay a costly fine and possible jail time for owning a counterfeit.[19] This idea is catching on in Italy and Britain as well. The European Union has placed two new regulations dealing with counterfeits.[20] On the international level there is International Anti-Counterfeiting Coalition (IACC), Office for Harmonization in the Internal Market, Anti-Counterfeiting Group, International Intellectual Property Alliance. The World Trade Organization has its members sign the Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement.[21]

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In 2008, Louis Vuitton sued eBay in a French court. The French court ruled that eBay did not do enough to prevent the counterfeit sales from occurring on the site and eBay was ordered to pay $60.8 million in damages.[22] In a UK court, Cartier and Montblanc were recently granted orders ruling Internet providers to block websites selling counterfeit watches under their trademark.[23] Moncler has recently become victorious in the judicial arena. The Uniform Domain Name Dispute Resolution Policy under the World Intellectual Property Organization (WIPO) granted the transfer of 50 domain names incorporating its trademark.[24] In its case against Royalcat (a Chinese company), the Beijing IP Court awarded the maximum statutory damages in a trademark infringement action.[25]

As consumers we have the power to stop the counterfeiting industry. We are hurting ourselves. We have a responsibility to protect ourselves and each other. So, if you see someone considering buying a counterfeit Prada tell them “caveat emptor.” We need to educate each other about where and who are money is going to.

For more info on how to spot a fake, click here.

Kia Roberts-Warren is a 2l at University of Baltimore. She has always had an interest in international affairs. She is interested in private international law as well as international humanitarian law. She is on the executive board of ILS as the Career Development Director and is on the Phillip C. Jessup Moot Court Team.

[1] http://www.oecd.org/sti/ind/2090589.pdf

[2] http://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=1254&context=honors

[3] http://qz.com/460932/fakes-are-costing-europes-fashion-industry-10-of-its-sales-and-thousands-of-jobs/

[4] http://michiganjb.org/issues/1/article4.pdf

[5]http://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=1254&context=honors

[6] http://michiganjb.org/issues/1/article4.pdf

[7] https://www.iwu.edu/economics/PPE17/lewis.pdf

[8] https://www.iwu.edu/economics/PPE17/lewis.pdf

[9]  https://www.unodc.org/documents/counterfeit/FocusSheet/Counterfeit_focussheet_EN_HIRES.pdf

[10] https://www.iwu.edu/economics/PPE17/lewis.pdf

[11] https://www.unodc.org/documents/counterfeit/FocusSheet/Counterfeit_focussheet_EN_HIRES.pdf

[12] https://www.unodc.org/documents/counterfeit/FocusSheet/Counterfeit_focussheet_EN_HIRES.pdf

[13] https://www.unodc.org/documents/counterfeit/FocusSheet/Counterfeit_focussheet_EN_HIRES.pdf

[14] http://michiganjb.org/issues/1/article4.pdf

[15] http://michiganjb.org/issues/1/article4.pdf

[16] http://michiganjb.org/issues/1/article4.pdf

[17] http://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=1254&context=honors

[18] http://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=1254&context=honors

[19] http://crefovi.com/articles/fashion-law/efficiently-fight-counterfeiting-fashion-luxury-sectors/

[20] http://crefovi.com/articles/fashion-law/efficiently-fight-counterfeiting-fashion-luxury-sectors/

[21] http://www.oecd.org/sti/ind/2090589.pdf

[22] http://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=1254&context=honors

[23] http://www.thefashionlaw.com/home/cartier-wins-court-order-blocking-sites-selling-fakes

[24] http://www.wipo.int/amc/en/domains/search/text.jsp?case=DNL2015-0031

[25] http://www.worldtrademarkreview.com/Magazine/Issue/59/News/Beijing-IP-Court-grants-maximum-amount-of-statutory-damages-for-the-first-time


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Restricting Schengen – Keeping out Refugees

Raiven Taylor 

Recently, European countries have come up with plans to keep migrants out. In June of 2015, the EU had an emergency meeting and came up with a “10-point plan” to “capture and destroy” boats used to smuggle in migrants.[i] Not long after this plan hatched, Hungary and other European countries erected wire fences to keep migrants out. [ii] Germany, Denmark, Austria and a few other countries suspended their willingness to adhere to the Schengen rules and reintroduce border controls.[iii] The Schengen treaty allows for open travel in the 26-nation bloc known as the Schengen area.[iv] This area, created in 1995 and originally consisting of 26 EU nations, abolished passport controls at common borders.[v] The recent suspension of this was thought to shock the rest of EU when it came to border controls to deal with the migration crisis. Because Germany borders nine other countries, without its participation, Schengen fails.[vi] This led other countries to begin closing their borders, criminalizing most new arrivals as illegal immigrants.[vii] With all of the changes, it has been difficult for migrants to find a country that will allow them to enter. This also makes it difficult for those countries that CAN take these immigrants into their territory because resources are tight. As of September 2015, 63,000 asylum seekers from Hungary and Austria entered Bavaria, which is more than the total of asylum seekers for the enter year of 2014.[viii]

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The EU proposed a deal with Turkey, promising $3.3 billion for it to close down its borders.[ix] Denmark has also passed a law allowing it to seize valuables from asylum seekers in order to pay for their upkeep.[x] All of this is leads to bigger problems because even though countries are locking down their borders, migrants are finding other, often very dangerous ways, to get in anyway. On February 12, 2016 the UN High Commission for Refugees (UNHCR) expressed its concern for the increasing restrictive measures on the part of EU states, stressing that something must be done to protect the fundamental human rights of the people trying to reach Europe.

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Spokesperson for the Office of the UN High Commissioner for Refugees (UNCHR) stated that more than 80,000 migrants arrived in Europe by boat in the first 6 weeks of 2016, with 400 dying in their attempt. Statistics show that 58 percent of migrants coming to Europe are women and children. One in 3 people arriving in Greece are children, compared to the 1 in 10 in September 2015.[xi] It has also been reported that two children drown every day, on average, since September 2015 as their families attempt to cross the Mediterranean Sea, totaling more than 340 children.[xii] UNCHR and the UN Children’s Fund (UNICEF) urge countries to cooperate and make dangerous journeys like this safer for children.[xiii]

A UN Special Rapporteur on Human Rights of Migrants, François Crépeau, stated that although “Europe has always been a strong advocate of human rights in Europe and elsewhere… its struggle to maintain control of its borders however…is being tested…[and by]stripping away the rights of asylum-seekers and migrants, Europe is creating a scary new ‘normal.’”[xiv] Over-reliance and securitization of borders will not work to keep migrants out because they will find another way in order to survive, allowing smugglers to continue to adapt, prosper, and exploit migrants.[xv] In order to combat smuggling, states must provide regular, safe and cheap mobility solutions, including both identity and security checks.[xvi]

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The European public, predominantly, has the view that Europe needs stricter controls, bigger fences, and more military control.[xvii] Although the public might favor these stricter policies, politicians view them as an immoral and an unworkable approach.[xviii] The question is how will European countries pursue this issue and in what ways will immigration be affected long term? Will countries continue keeping its borders open? Will countries continue with daily limits on migrants? I believe countries should find a less dangerous way for migrants to travel while also coming up with a way to stem the tide of migration. It is somewhat understandable for countries to not want to be overpopulated and have an extra burden on state-run agencies. However, risking the lives of migrants is not the way to overcome this problem. Many organizations are attempting to convince the politicians to work this issue out as peacefully as possible and in a way that lessens the dangers for migrants. Something needs to be done – sooner, rather than later!

[i] http://www.theguardian.com/commentisfree/2016/jan/31/europe-bind-act-morally-on-immigrants-heed-its-citizens

[ii] Id.

[iii] Id.

[iv] http://www.theguardian.com/world/2015/sep/13/germany-border-crackdown-deals-blow-to-schengen-system

[v] http://www.theguardian.com/commentisfree/2016/jan/31/europe-bind-act-morally-on-immigrants-heed-its-citizens

[vi] http://www.theguardian.com/world/2015/sep/13/germany-border-crackdown-deals-blow-to-schengen-system

[vii] Id.

[viii] Id.

[ix] http://www.theguardian.com/commentisfree/2016/jan/31/europe-bind-act-morally-on-immigrants-heed-its-citizens

[x] Id.

[xi] http://www.un.org/apps/news/story.asp?NewsID=53217#.VsxxWMfiQtg

[xii] http://www.un.org/apps/news/story.asp?NewsID=53272#.VsxxYsfiQtg

[xiii] Id.

[xiv] http://www.un.org/apps/news/story.asp?NewsID=53217#.VsxxWMfiQtg

[xv] id.

[xvi] Id.

[xvii] http://www.theguardian.com/commentisfree/2016/jan/31/europe-bind-act-morally-on-immigrants-heed-its-citizens

[xviii] Id.


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Where Would You Rather Be? Protections of Victims of Human Trafficking

Raiven Taylor

The U.S. State Department keeps track of the annual numbers of trafficking victims in each country throughout the world. The State Department not only keeps track of the victims found, but also the laws of preventing trafficking, protecting victims, and prosecuting traffickers. There are a number of countries that help, in various ways, protect trafficked victims from re-victimization, while other countries do nothing at all The United States is a Tier 1 country, which simply means the government fully complies with the minimum standards to eliminate human trafficking.[i] (The last blog post goes into greater detail on the Tier categories).

The U.S. has standards in place to protect victims of human trafficking. It created the Trafficking Victims Protection Act (TVPA) to establish methods of not only protecting trafficked survivors, but also to prosecute traffickers and and prevent trafficking.[ii] The Act provides protections involving identifying victims, providing shelter and medical care, and repatriation.[iii] The Act authorizes the Department of Homeland Security (DHS) to permit a human trafficking victim to remain in the U.S.[iv] This is done through the T-Visa. This visa allows victims to become temporary residents that may allow them to become eligible for permanent residency after three years. [v]The TPVA also offers protections by making trafficked victims eligible for witness protection programs as well as other federal and state benefits to the same extent as refugees.[vi]

TVPRA

The TPVA also attempts to protect unknown victims of trafficking. The 2008 provisions of the Act require unaccompanied minor children to be screened as possible trafficking victims and to then be transferred within 48 hours to the custody of Health and Human Services.[vii] In other forms of protection, the U.S. has federally funded victim assistance case management. The case management includes referrals to resources such as: dental and medical care, employment and training services, substance abuse treatments, and many more, including advocacy.[viii] The funding for victim assistance was increased by the Department of Health and Human Services’ (HHS) Office of Refugee Resettlement (ORR). HHS enabled trafficking victims of other countries the same benefits as Refugees.[ix]  In 2013, about $7.9 million dollars went to 19 victim services across the U.S..[x]

Trafficking Blog 2

Even though the U.S. seems to do a lot, especially in funding victim services, there are non-governmental organizations (NGO) that still believe the government could do more. NGOs have concerns that the U.S. does not consistently take the victim-centered approach that it should.[xi] A victim-centered approach is an approach taken that “seeks to minimize re-traumatization associated with the criminal justice process by providing the support of victim advocates and service providers, empowering survivors as engaged participants in the process, and providing survivors an opportunity to play a role in seeing their traffickers.”[xii] There are also concerns that the employees that handle victims do not have proper training and guidance to provide the critical support that some victims need.[xiii]

Although the U.S. has things it could work on to better improve the protections offered to victims, there are other countries that do not do half of what the U.S. does. For instance, Cuba is a Tier 3 country and does not fully comply with the minimum standards of eliminating trafficking. The Cuban government has not officially reported on its protections of trafficked victims nor did it report the procedures it has in place to protect victims or guide officials in identifying victims. However, the government does have shelters for victims, although it does not keep track or verify that the victims actually receive any kind of assistance for treatment.[xiv] Recommendations for Cuba consist of: strengthening its efforts to provide special training for police and social workers to protect trafficked victims, build clear procedures on identifying victims, and continue funding victim-centered practices.[xv]

Human Trafficking BarCode

It is reported that Cuba does not comply with the minimum standards because the government is involved in human trafficking.[xvi] Cuba has offered its opinion in statements stating that this is not happening within its government. However, these statements come from very biased individuals. Cuba has been a Tier 3 country for the last twelve years and continues to not comply with standards. Although Cuba is just one of many countries that are considered a Tier 3 country, it is always difficult to tell if these countries fall in this category by choice or because they do not have the means to be able to rise out its condition. Cuba continues to tell the U.S. government that it will do better year after year, however it is never shown in their reports.

Another example is Cambodia. Cambodia was placed on the Tier 2 Watch List.[xvii] According to the State Department, Cambodia’s government has procedures in place to identify victims and refer them to NGOs. However, Cambodia is on the Tier 2 Watch List because the amount of victims identified continues to decline.[xviii] Cambodia has government operated shelters to take in victims of trafficking, but once the victims arrive, the government has very little to do with further assisting them.[xix] The majority of assistance given to trafficked victims (medical, legal, shelter, and vocational services) in Cambodia is administered by NGOs in Cambodia, instead of the Cambodian government.[xx] However, there have been reports that some NGO shelters subject their victims to even more abuse and that they cannot provide the victims adequate care.[xxi] The Cambodian government has no policy in place that allows trafficked victims to stay in the country. Victims that come from other countries are sent back to their home country without any legal alternatives.[xxii] Recommendations for Cambodia would be to create legal practices that first involve keeping victims from being returned to the county they were originally trafficked from. Another recommendation would be to give employees of shelters a practical training on how to deal with trafficked victims, as well as hire people whom are willing to help instead of re-traumatize victims. A third recommendation would be for the government to be more involved in the protection of trafficked victims instead of identifying them and completely handing them over to NGOs.

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Overall, although human trafficking is a huge issue no matter what country is being discussed, it does not go unseen. Regardless of the Tier, each country has some kind of issue in trafficking. However, the important thing is that something is being done to resolve and prevent the issue from happening. Also, this proves that just because a country is considered a Tier 1 country, does not mean that they cannot improve on ways to protect victims. However, Tier 1 countries such as the U.S., are considered to have the best practices such as shelter, medical care, and other assistance that aims to keep victims safe and free from being re-trafficked, and it should be required that all countries find a way to implement the same kind of practices.

Raiven Taylor is third year law student at the University of Baltimiore School of Law and is completing her concentration in International Law. She has an undergraduate degree in Political Science from Bowie State University. She has studied abroad in London, England and Clermond-Ferrand, France. She is an Senior Staff Editor for the Journal for International Law as well as Secretary for the International Law Society. Additionally, Raiven is a Rule 16 student attorney in the Immigrant Rights Clinic. Her passion and interest in international law is human trafficking and international human rights law.

[i] http://www.state.gov/documents/organization/226849.pdf

[ii] https://www.polarisproject.org/what-we-do/policy-advocacy/national-policy/current-federal-laws

[iii] http://fightslaverynow.org/why-fight-there-are-27-million-reasons/the-law-and-trafficking/trafficking-victims-protection-act/trafficking-victims-protection-act/

[iv] https://www.congress.gov/bill/113th-congress/house-bill/898

[v] http://www.rescue.org/sites/default/files/resource-file/trafficking%20victims%20protection%20act%20fact%20sheet_0.pdf

[vi] Id.

[vii] Id.

[viii] http://www.state.gov/documents/organization/226849.pdf

[ix] Id.

[x] Id.

[xi] Id.

[xii] https://www.ovcttac.gov/taskforceguide/eguide/1-understanding-human-trafficking/13-victim-centered-approach/

[xiii] http://www.state.gov/documents/organization/226849.pdf

[xiv] http://www.state.gov/j/tip/rls/tiprpt/countries/2013/215447.htm

[xv] http://www.state.gov/documents/organization/226845.pdf

[xvi] http://www.huffingtonpost.com/salim-lamrani/cuba-the-united-states-an_b_5604799.html

[xvii] http://www.state.gov/documents/organization/226845.pdf

[xviii] Id.

[xix] Id.

[xx] Id.

[xxi] Id.

[xxii] http://www.state.gov/documents/organization/226845.pdf


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Human Trafficking: Not Just an International Problem

Raiven Taylor

Human Trafficking is considered a “modern form of slavery,”[i] carried out by means of transporting, transferring, recruiting, and harboring individuals by means of coercion, abduction, deception, fraud, or abuse of power.[ii] Trafficking is said to generate billions of dollars through an estimated 20.9 million victims, with 1.5 million just from the United States.[iii] It is popular belief that human trafficking is only an international problem, that human trafficking only occurs in third world countries. This is far from the truth. Human trafficking happens all over the United States, even in your own “backyard.” According to the U.S. State Department, the U.S. is “a source, transit and destination country for men, women, transgender individuals, and children…subjected to sex trafficking and forced labor.”[iv]

Did you know that the Super Bowl is the single largest event in the U.S. that hosts the largest populations of trafficked humans?[v] Victims are brought to the city where the event is held and are expected to have sex with a certain number of people. Because of this, Super Bowl cities have attempted to double their training for officers, airport employees, and public service personnel in general, on how to identify and protect a trafficking victim.[vi]

Human Trafficking

The month of September, alone, there have been numerous arrests across the United States for human trafficking. In Ross County, Ohio, police arrested a 36-year-old man as a person of interest in both drug trade and human trafficking in the area.[vii] In Johnson County, Texas, police arrested 16 individuals suspected of human trafficking. The cops entered into a hotel room to find a 44-year old man who was expecting two 16-year old girls. An interview of the man revealed that the man was there to “seize the girls” and to “become their pimp, and prostitute them in Dallas.”[viii]

Earlier this year, a man was arrested in Albuquerque, New Mexico for human trafficking. This man was charged with forcing young girls into prostitution, including a 17-year old girl he found at a bus stop.[ix] After his arrest, the man even continued his trafficking operation while in jail! At trial, the jury found him guilty and the judge sentenced him to 30 years in prison.[x]

The United States is a considered a “Tier 1” country when it comes to human trafficking. This means that the U.S. government fully complies with the Trafficking Victims Protection Act’s (TVPA) minimum standards for the elimination of trafficking.[xi] The government goes to great lengths to investigate and prosecute traffickers. The U.S. also has very high prosecution rates in trafficking. The U.S. has services that are specialized in helping those who were trafficked return to civilization, including a pathway to citizenship for those trafficked from outside of the country.[xii] However, because trafficking still exists, there is still more that the U.S. can do to prevent it..   Both federal and state governments need to create victim-centered policies to ensure that victims are not punished for crimes committed and to ensure support for their health and safety.[xiii]

TraffickingTVPAMap

On the other end of the spectrum, many developing countries such as Cambodia, Cuba, and Kenya are considered “Tier 2 Watch List” or “Tier 3” countries. When countries are considered to be either of these Tiers,  countries are not fully complying with the TPVA’s minimum standards. Tier 2 Watch List countries are known to make some effort into complying with the TPVA’s standards, however the number of victims are significantly increasing. Tier 3 countries are simply those with governments who are not complying with the TPVA’s minimum standards and who are not making efforts to do so.[xiv]

In countries such as Cambodia, Cuba and Kenya, it is important to draft and finalize guidelines on how to prevent trafficking. One of the reasons trafficking is so high in these countries is because these countries are still developing and many areas are poverty stricken. Countries with a higher percentage of poverty lead people to migrate to other countries for a chance of better life, making it a lot easier for traffickers to find victims. Traffickers prey on people who are in search for a “better” life and deceive them with such lies that their dreams will come true, only for them to end up in brothels and forced to have sex or in fields or workshops for forced labor. It is important for countries like these to implement more services to help prevent forced labor and to implement protocols to prevent and protect victims of human trafficking.

In many ways, it may be easier for the U.S. to both implement and carry out such plans. Due to the government structure, which consists of the Department of Justice (DOJ), the State Department, Department of Homeland Security (DHS), Department of Labor (DOL), among others, the U.S. can divide and focus on one aspect of trafficking, whether its reporting, investigating, or prosecuting, and implement plans and share reported data with the other divisions of the government. The U.S. has a system that other countries do not, which may be why the U.S. is considered a Tier 1 country. Although the U.S. is not the only Tier 1 country, the large majority of other Tier 1 countries are developed, with the infrastructure in place to combat and prevent human trafficking. Developing countries often find themselves classified as either Tier 2 or Tier 3 due to the lack of infrastructure, financial resources, and human support and expertise.  With such countries, it is necessary to focus on the root of the problem, namely poverty, to truly combat human trafficking.

Human Trafficking 2

Overall, it is important to know and understand human trafficking so that one may protect themselves and their loved ones from becoming victimized. There is a lot of information on trafficking, and while it may not be necessary to know all of the ins and outs, it is necessary for one to know how trafficking can be prevented and what steps to take. Although the U.S. government has implemented plans on preventing human trafficking, trafficking still happens and has not yet been eliminated.

Everyone can do something to prevent human trafficking. Are you? Find where your state ranks and ways to work with organizations in your area on how to stop human trafficking. http://sharedhope.org/what-we-do/bring-justice/reportcards/

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Raiven Taylor is third year law student at the University of Baltimiore School of Law and is completing her concentration in International Law. She has an undergraduate degree in Political Science from Bowie State University. She has studied abroad in London, England and Clermond-Ferrand, France. She is an Senior Staff Editor for the Journal for International Law as well as Secretary for the International Law Society. Additionally, Raiven is a Rule 16 student attorney in the Immigrant Rights Clinic. Her passion and interest in international law is human trafficking and international human rights law.

[i] https://en.wikipedia.org/wiki/Human_trafficking_in_the_United_States

[ii] https://en.wikipedia.org/wiki/Human_trafficking_in_the_United_States

[iii] http://www.traffickingresourcecenter.org/type-trafficking/human-trafficking

[iv] http://www.state.gov/documents/organization/243562.pdf

[v] http://www.huffingtonpost.com/2014/01/15/human-trafficking-month_n_4590587.html

[vi] http://www.huffingtonpost.com/2014/01/15/human-trafficking-month_n_4590587.html

[vii] http://nbc4i.com/2015/09/10/ross-co-investigators-searching-for-human-trafficking-suspect/

[viii] http://www.wfaa.com/story/news/crime/2015/09/09/johnson-co-human-trafficking-sting-nets-16-arrests–4-days/71968108/

[ix] http://www.koat.com/news/man-sentenced-in-albuquerque-human-trafficking-case/35234566

[x] http://www.koat.com/news/man-sentenced-in-albuquerque-human-trafficking-case/35234566

[xi] http://www.state.gov/j/tip/rls/tiprpt/2013/210548.htm

[xii] http://www.state.gov/documents/organization/243562.pdf

[xiii] http://www.state.gov/documents/organization/243562.pdf

[xiv] http://www.state.gov/j/tip/rls/tiprpt/2013/210548.htm