This is the second submitted draft of my Advocacy Project. I divided up my previous introduction paragraph that was too long into several small ones so the readers would not be too overwhelmed while learning the background information of my paper. I used an inverse pizza structure to break down paper into the background information of human trafficking and the TVPA of 2000, to the problem of the TVPA of 2000, to why lack of training causes the problem of the TVPA 2000, to why training is important, to the solution that recommends better training of law enforcement officers, to details of the specific type of trainings that should be implemented.

Start Small, End Tall

            Human trafficking remains as one of the most prominent issues of our society today as the globe’s fastest growing crime. About 20.9 million human trafficking victims are enslaved in our world today (Polaris Project) and between 600,000 and 800,000 victims are trafficked across international borders annually (U.S. DOS, 2007). As the most developed nation in the world, with a very strong market-based economy, the United States is widely considered the major destination of victims of human trafficking. According to the CRS report for congress, about 50,000 women and children are trafficked into the United States each year mostly from Southeast Asia and the former Soviet Union. To combat against this serious issue, the United States has passed many acts, policies and laws including the Trafficking Victims Act of 2000, which is ranked as one of the most important human trafficking laws and the cornerstone of Federal human trafficking legislation (Polaris Project). Yet, the laws prove to be rather ineffective as the number of human trafficking cases continues to rise within the past years despite increasing efforts of states promoting human trafficking awareness and complying with TVPA standards. The problems lies within the “certification” process of the TVPA, where law enforcement officers fails to identify victims and recognize the hidden nature of human trafficking. As a result, education and training of local law enforcement officers are the most effective ways to improve the efficiency of government efforts to combat human trafficking.

           Human trafficking is a form of modern slavery where people profit from the control and exploitation of others. The United Nations Office on Drugs and Crime, Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines human trafficking 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. Traffickers use violence, threats, deception, debt bondage, and other manipulative tactics to trap victims in horrific situations every day in America (The Polaris Project). Human Trafficking affects our world today with tremendous impact as it creates approximately $140 billion in illegal revenue annually (End Crowd). As a major hot spot of human trafficking, the United States is greatly at risk as 83% of victims in confirmed sex trafficking cases in the U.S. are U.S. citizens, between 100,000 - 300,000 children are at risk to be forced into the commercial sex industry in the U.S. each year, and 86% of U.S. counties with populations over 250,000 reported sex trafficking was a significant problem (Allies Against Slavery). According to WEAVE Inc., a provider of crisis intervention services for survivors of domestic violence and sexual assault, California, New York, Texas and Nevada are the top destination states for human trafficking with the U.S.. To battle this severe issue, the United States passed many laws and policies and eventually led to the implementation of the Trafficking Victims Protection Act of 2000, which officially announced trafficking in persons as a federal act crime.

           The Trafficking Victims Protection Act of 2000 (TVPA) was the stepping-stone to combating human trafficking for the United States but was also flawed in its nature. No comprehensive federal law existed to protect victims of trafficking or to prosecute their traffickers prior to the enactment of the TVPA. According to Creighton Law Review, The Trafficking Victims Protection Act of 2000 defines sex trafficking as the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. It is framed by the three “P”s consisting of prevention, protection, and prosecution. The prevention level carries out an annual report assessing the efforts of governments in meeting minimum standards in preventing trafficking. The protection level includes assistance programs providing medical services and hosing to victims. The prosecution level ultimately identifies and prosecutes sex traffickers. The TVPA was reauthorized with subsequences of the TVPA of 2003, 2005, 2008, and 2013 to increase its effectiveness of combating human trafficking. One of the major features of the TVPA is the T-Visa that it issues which provides “temperate residency for the victims and survivors and their family and eligibility to apply for permanent residency after three years” (Police Practice and Research). In order to qualify for the visa, “(1) according to the laws of the United States, the individual has to be defined as a "victim of sex trafficking;" (2) the individual must be in the United States or any other recognized country as defined by the law; (3) the individual, unless seventeen years old or younger (or physically incapable or if so traumatized psychologically), must agree to cooperate fully with law enforcement in regards to the inquiry and trial of the traffickers; and (4) the individual must be able to demonstrate that he or she would "suffer extreme hardship involving unusual and severe harm" if forced to return to her country of origin” (Creighton Law Review). This act was widely accepted as 39 states passed new laws to fight human trafficking in the past year and 32 states are rated in Tier 1, which requires the government to fully comply with the TVPA minimum standards, from 21 states in 2012 (Polaris Project). Yet, the TVPA has proven to be inefficient as out of the 50,000 women and children that are trafficked into the United States every year for sexual exploitation, only 228 victims received benefits under the TVPA in 2005 (Harvard Journal of Law and Gender). Also, according to Creighton Law Review, nine years after the initiation of the TVPA of 2000, compared to the tens of thousands of victims that are still illegally transported into the United States on a yearly basis, only 1,300 trafficking victims had benefitted from the "T-Visa" status. The reason lies within the certification process of the T-Visa, where law enforcement fails to identify the victims as "victim of sex trafficking" stated in the T-Visa due to insufficient knowledge of the hidden nature of human trafficking. As a result, the only way to improve the efficiency of government efforts to combat human trafficking is to train and educate law enforcement officers about the complex structure of human trafficking starting with local levels of police agencies and departments.

           Human trafficking should be managed at more local levels rather than mainly federal levels to increase contact with human trafficking victims. Local governments in particular play a key role in improving human trafficking prevention, victim protection and prosecution of traffickers. These local counter-trafficking actors could be police officers, border guards, prosecutors, NGOs, development experts and more (Unitar). While trafficking involves transnational crime, it is the local law enforcement officer, rather than the federal agent, who is most likely to encounter crimes such as prostitution that may be related to trafficking in human beings (Police Practice and Research). According to De Baca and Tisi (2002), local police officers are more likely to encounter the victims and perpetrators of human trafficking before federal agencies become aware of the situations. Since local police are the ‘frontline’ of enforcement, they must be engaged in trainings and education, which are keys to “effectively identify potential victims, provide necessary assistance to current victims to help them undergo the rehabilitation process,” (Unitar). Yet, according to Police Practice and Research, which conducted a survey of the attitudes, trainings, and investigation activities of local police departments in the U.S., the findings reflect little local law enforcement preparation to deal with trafficking and general attitudes that would not promote a proactive and informed response to this crime. Shockingly, about 12% of the police department consider human trafficking a significant issue for their departments, only 8% reported that they had conducted or received training in human trafficking, and 96% did not have a policy that specifically addressed the needs of human trafficking victims. It is obvious that these crucial “front-line” enforcement agencies are ill prepared and are lacking “expertise, sensitivity or experienced personnel” (Unitar) to deal with the needs of human trafficking victims. It is clear that more education and training of local authorities are crucial in order to equip them with relevant skills and tools in to identify signs of trafficking and understand the appropriate follow-up actions.

            Training and education is extremely vital to increasing ability in combatting human trafficking. As DoD's Combating Trafficking in Persons program manager mentioned, "You might not think much of it before you take our training, but through increased awareness, you’re able to connect the dots a little more." (Huffington Post). According to Police Practice and Research, figure 1 shows significant differences in the awareness of human trafficking between agencies who have received training and those who have not.

It is apparent that those agencies involved in training related to human trafficking had a more realistic perception of the perpetrators of the crime. Trafficking networks have now become professional, entrepreneurial and less, which makes the detection of victims more difficult than ever before (CRS Report for Congress). As a result, law enforcement officials are often not approached directly by victims who are willing to testify. Thus, police forces need to be flexible, employing different investigative techniques to combat complex trafficking networks (CRS Report for Congress). Therefore, trainings should be concentrated on strengthening “the understanding of human trafficking as a crime and human rights violation” (Danish Red Cross) and “provision of relevant services such as secured accommodation, psychological assistance, access to interpreters and access to education” (Unitar). More importantly, trainings should adopt a victim-centered approach to countering human trafficking based on respect for human rights (Unitar). Ulimately, trainings should be divided into two major parts: victim identification and support and assistance of victims.

            First part of training should emphasize on victim identification. One of the biggest failures of the TVPA is law enforcement officers’ inability to identify victims as “victims of human trafficking” due to insufficient knowledge and experience. These failures to identify victims at an early stage can result in inadequate protection of victims and consequently, prevent effective prosecution of the crime (Unitar). Therefore, training should emphasize on creating a shared understand of what trafficking is. First, it is important to train law enforcement officers to identify the means of control used by traffickers including “Violence and physical abuse such as frequent beatings, rape, confinement, deprivation of water, drugging or torture with knives, confiscation of travel or identity papers, economic penalties linked to debts, non-payment of wages, control of the victim’s bank accounts and finances” (Unitar). Second, the identification of the trafficked victims often depends on the attentiveness and alertness of law enforcement officers to minor signs of a potential or presumed trafficking situation. Yet, these indicators vary in different stages of human trafficking including the recruitment stage and the transfer stage. During the recruitment stage, law enforcement officers should recognize indicators in different locations such as rural and smaller towns, where victims are most vulnerable, as some may not be reached by awareness campaigns on trafficking. Indicators such as individuals in difficult family or personal economic social situations should be paid attention and ask to share information about heir situation to social services or employment authorities (Unitar). During the transfer stage, law enforcement officers should pay attention to indicators such as individuals coming from another region without a permanent residence and those claiming for replacement of lost documents. Along with victim identification, trainings on victim support and assistance is extremely important as well.

          The second part of training should focus on the support and assistance given to victims. It is very important for law enforcement officers to be trained to not violate human rights or reduce the dignity of the victims. Even though it is stated that “trafficked persons cannot be prosecuted or punished for committing crimes under the period of their victimization or as consequence of trafficking” (Unitar), in reality, many trafficked victims have been treated as criminals in both the destination and home countries for having used false documents, having worked in the sex industry, or having left the country illegally. Training should be divided into several steps as suggested by the United Nations Institute for Training and Research (Unitar). The first step should be the initial referral of any presumed victim to a responsible body to ensure protection and safety. The second step should be ensuring victims’ accessibility to basic needs and information such as “health care, a bed to sleep on, counseling an immediate protection for themselves and their family members”. In some places, the shelters for trafficked victims closely resemble detention centers more than safe havens, which can potentially create re-traumatization (Unitar). It is important to provide victims comfortable place where they can stay, leave and return according to their wish and also provide services catered to their specific needs. The third step should focus on the early risk assessment of victims by reviewing possible risks and securing immediate safety for the victims. The fourth step should be ensuring clear language and interpretation in a language that the presumed victims understand. Lastly, the fifth step should establish a provision of the time and resources needed for the recovery and reflection period of the presumed victims so decisions for future plan can be made. One of the biggest flaws of the TVPA was the mandatory assistance in the investigations and prosecutions of the victims as law enforcement officers fail to realize the post-traumatic stress disorders many of them have and fear of retaliation of family member contributes greatly to their unwillingness to testify, therefore disqualifying them from the T-Visa (Creighton Law Review). As a result, law enforcement officers should not force victims participate in criminal investigations unless it is under their free volition. Long-term assistance should not tell the victim what they can and cannot do but provide help to victims in reaching their personal goals in a flexible and adaptive manner (Unitar). These are crucial characteristics as often the needs of victims are unpredictable.

           Human trafficking is a severe hidden crime that violates victims’ rights to life, liberty and security. It has been affecting our world globally and locally, socially and economically. Despite the many effort of the U.S. government has put in to combat human trafficking, it still remains as one of the fastest growing crime in our country. As the problem lies within the trafficking laws of the U.S., the most effective ways to combat against it will be the education and training of law enforcement officers’ especially local enforcement agencies. To combat such a wide spread phenomenon, actions must be taken from the smallest factors such as us individuals to end this global nightmare.

Work Cited

http://www.polarisproject.org/human-trafficking/overview

http://www.caseact.org/learn/humantrafficking/

http://www.weaveinc.org/about-us

http://www.traffickingresourcecenter.org/what-human-trafficking/human-trafficking/victims

Wilson, Deborah G., William F. Walsh, and Sherilyn Kleuber. "Trafficking In Human Beings: Training And Services Among US Law Enforcement Agencies." Police Practice & Research 7.2 (2006): 149-160. Academic Search Complete. Web. 19 May 2015.

http://www.huffingtonpost.com/2015/01/07/human-trafficking-increasing_n_6425864.html

http://www.unitar.org/dcp/sites/unitar.org.dcp/files/uploads/newcoverhuman_trafficking_final.compressed.compressed.pdf

file:///Users/annliu/Downloads/2009-11_StrategiesAgainstHumanTrafficking%20(1).pdf

http://fpc.state.gov/documents/organization/9107.pdf

http://www.state.gov/documents/organization/207712.pdf