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Prevention

Exposing the gaps in the TVPA

analyzing the effectiveness of the policy

• No baselines from which to measure whether the policy has prevented trafficking from occurring (DeStefano,2007).

• No way to track whether public awareness campaigns are actually preventing trafficking (S. Rep. No. 112-96, 2011).

• Sanctions intended to prevent trafficking often waived for the sake of the U.S. Government’s political interests

(Chuang, 2006b).

...Goals continued

Protection

America the Conqueror

• To decrease human trafficking, U.S. and international (TVPA, 2000).

• To position the U.S. as a world leader in the fight against trafficking

• Establish authority and power in the hands of the U.S. Government to monitor and enforce anti-trafficking activities worldwide.

• To perpetuate a justice agenda

• Harsh punishments for offenders (TVPA, 2000).

• Develop social pressure associated with international tier rankings

• Implement monetary sanctions for countries that perform poorly (TVPA, 2000).

What is the TVPA

These shortcomings result in large part from the policy’s failure to account for the legacy of exploitation that the United

States’ cultural and economic systems have relied upon since the first settlers arrived in North America (Deer, 2010).

• The TIP report also estimated that while over 44,000 victims were identified in 2013, 20 million victims remain undetected (Office to Monitor and Combat Trafficking in Persons, 2014).

• Lack of service provision for victims that are U.S. citizens

• Significant issues with service availability and access for all victims (Clawson et al., 2009; Potocky, 2010)

• Underutilization of new visa categories created by TVPA (Shoaps, 2013).

Human trafficking has existed throughout the history of the world

The Trafficking Victims Protection Act (TVPA) of 2000 created the first comprehensive federal law to address human trafficking, with a significant focus on the international dimension of the problem. The Policy has been reauthorized four times since 2000 but continues to under-serve the victims.

Goals of the TVPA

Issues and gaps

The law provided a three-pronged approach: prevention through public awareness programs overseas and a State Department-led monitoring and sanctions program; protection through a new T-Visa and services for foreign national victims; and prosecution through new federal crimes.

  • Federal policy dictates the resources available to serve victims of trafficking, which impacts the ability to provide competent services to clients.
  • The TVPA has implications for social justice, as trafficking is

experienced more frequently by individuals from disadvantaged groups, particularly women and people in poverty (Inter-Parliamentary Union, 2009).

Prosecution

What is Human Trafficking

Human trafficking is a form of modern-day slavery

Victims of trafficking are exploited for various purposes

Traffickers use force, fraud or coercion to achieve exploitation

After drug dealing, human trafficking is tied with the illegal arms trade as the second largest criminal industry in the world, and it is the fastest growing.

Types of human trafficking

  • Forced labor
  • hotels, restaurants, sweat shops
  • Debt Bondage
  • generational, servitude
  • Sex trafficking
  • brothels, sex tourism
  • Organ trafficking
  • Smuggling

• 9,460 prosecutions occurred in 2013, with 1,199 of those involving labor trafficking (Office to Monitor and Combat Trafficking in Persons, 2014).

• As of 2009, the number of trafficking prosecutions worldwide had declined steadily since 2003, at an average rate of 8.1% fewer prosecutions per year (Wyler & Siskin, 2010).

• Norms within courts cause traffickers to be prosecuted under pre-TVPA legislation (DeStefano, 2007; Spohn,2014).

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