In the past month, the State of New York has introduced 11 new Human Trafficking Intervention Courts (including Buffalo and Rochester, near where I live in upstate NY). According to the New York Times, the new courts are modeled after three pilot projects that had been established earlier in New York City, and the “initiative is believed to be the first of its kind in the nation.”

The NY law resembles the federal U.S. law in targeting force, fraud and coercion (what the national law dubs “severe forms” of trafficking). Included in its list of punishable offenses is withholding of a passport or other identity document.

The initiative follows criticism of the weak implementation of NY’s 2007 antitrafficking law. As of 2009, there had been one conviction. This seems to be reflected in anti-trafficking more generally: as of 2009 there had been 196 cases under the federal law, by contrast with the  estimate of 14,000+ trafficked persons annually into the US given by the State Department.

Anti-trafficking advocates argue that low conviction rates reflect a lack of training and understanding among conventional police forces, perhaps coupled with chauvinistic prejudice. Critics suggest that the mismatch may have more to do with the flawed and overblown data supporting the annual estimates. (The “Data Matters” section of this website contains some further discussion.)

The law, which focuses on sex trafficking (labor trafficking is also included albeit as a lesser offense), provides those charged with prostitution with a way out of direct criminal prosecution — the law reframes who is a victim versus a perpetrator – although, since prosecutions often seek testimony from trafficking victims, involvement with the criminal justice system may continue in some form. Questions around implementation will include:  what proportion of prosecutions will look at labor trafficking rather than sex trafficking? how well will victims fare following identification by the criminal justice system? what proportion of resources will be spent on victim assistance versus criminal prosecution?

Formed in October 2011, the ILRWG is the first coordinated effort to strategically address abuses in international labor recruitment across visa categories. The Working Group is comprised of organizations working in various industries and with workers with a wide variety of visa types. The Working Group seeks to end the systemic abuse of international workers who are recruited to the U.S., by collaborating across labor sectors to develop comprehensive policies and advocate for reforms, including increased enforcement of existing laws and increased transparency in the labor recruitment process. They also attempt to highlight the shortcomings and gaps in the current regulatory and enforcement framework governing international worker programs and demonstrate the terrible human cost of failing to ensure basic worker protections in the United States. Lastly, the Working Group aims to shift the conceptual framing of guestworker protections to one that recognizes the systematic abuses in the recruitment of foreign workers as a form of economic coercion. Accordingly, they have developed a list of eight principles that should be ensured in any guestworker program. They argue that these principles should inform any comprehensive overhaul of the regulations, structure and enforcement of all visa categories that are used to recruit international workers to the U.S.

1. Freedom from discrimination and retaliation;
2. Right to know the process and their rights;
3. Freedom from economic coercion;
4. Right to receive contract with fair terms and give informed consent;
5. Accountability of the employer;
6. Freedom of movement while working in the U.S.;
7. Freedom of association and collective bargaining with labor unions and organizations; and
8. Access to justice.

Access the website at: http://fairlaborrecruitment.wordpress.com

Most trafficking victims in the United States do not have access to justice. In 2003, Congress passed the Trafficking Victims Protection Reauthorization Act, which gave trafficking victims the right to sue their traffickers for damages. But in the 10 years since the law was passed, fewer than 100 civil cases have been filed under the civil human trafficking statute. Trafficked persons have significant rights under U.S. law, but they cannot exercise these rights without competent legal counsel. Pro bono attorneys can assist trafficking victims in participating fully in criminal cases against traffickers, and in launching civil suits against the perpetrators.

The Human Trafficking Pro Bono Legal Center serves as a clearinghouse for victims and law firms, bringing trafficking victims together with highly-competent, well-trained pro bono attorneys. The Center offers training and mentoring to attorneys handling pro bono trafficking cases, ensuring that strategic litigation in this area has maximum systemic impact.

Since its inception, the Center has provided training to hundreds of pro bono attorneys. In addition, the Center’s staff has placed 20 trafficking cases with pro bono attorneys from high-profile law firms. By leveraging the resources and talents of private sector firms, The Human Trafficking Pro Bono Legal Center seeks to completely change the playing field for human traffickers.

The Freedom Network is a national alliance of advocates and organizations that take a comprehensive and holistic approach to combating human trafficking. The breadth and depth of their work is evident in factsheets that recognize the “poverty and economic injustice, racism, gender-based discrimination, and political strife” that underlie human trafficking. Established in 2001 by people hailing from an array of backgrounds—immigration, children and victim rights, social services, farm worker advocacy, and human rights activism—the Network’s mission is predicated on a human rights-based approach because, in its view, trafficking violates individual fundamental rights and personal freedom. The Network engages in social justice advocacy, criminal and civil litigation, and regional training to help vindicate these rights.

View their website here: http://freedomnetworkusa.org