Human Trafficking & Forced Labor: Find Out What Your Colleagues Are Saying About This Topic
Amanda_Bales
Post Controls
Amanda_Bales Posted on : Practice Insights Forum

Human Trafficking & Forced Labor: Find Out What Your Colleagues Are Saying About This Topic

Topics:

Thanks for the lively discussion around the issue. While Rich Ehisen, Bridgette Carr and Kelly Heinrich will no longer be moderating this discussion, please continue to share your thoughts and ideas with the rest of the community.

To join in the discussion, register to LexTalk and prepare your comments within the ‘Join The Conversation’ text box (located at the bottom of the post) and click on Share.


Live Chat Happening Today: Human Trafficking & Forced Labor - See more at: https://www.lexisnexis.com/lextalk/practice-insights/f/13/t/695.aspx#sthash.WEgPUx4I.dpuf
Amanda_Bales
Post Controls
Amanda_Bales Posted on : Practice Insights Forum

To join in the discussion, register to LexTalk and prepare your comments within the ‘Join The Conversation’ text box (located at the bottom of the post) and click on Share.

We are looking forward to tomorrow's discussion.

We are looking forward to the discussion.
We are looking forward to the discussion.
Top
Gregg Lawson
Post Controls
Gregg Lawson Posted on : Practice Insights Forum

I am on the webinar now and these stats are shocking. I cannot believe 16 million people are forced into labor.

Top
Amanda_Bales
Post Controls
Amanda_Bales Posted on : Practice Insights Forum

I will kick off the discussion with today's first Q.

Q1: What can you tell us about state anti-trafficking laws and their implementation?

Top
carrb
Post Controls
carrb Posted on : Practice Insights Forum

Q1 States have a variety of approaches in their anti-trafficking laws.  While federal law has come a long way since 2000, many states still have massive gaps in their anti-trafficking laws.

Top
Rich Ehisen
Post Controls
Rich Ehisen Posted on : Practice Insights Forum

Q1 Many states have adopted laws aimed at breaking young trafficking victims away from their captors, usually by treating them as victims rather than charging them as prostitutes. But funding for the services these kids need has been hard to consistently come by

Top
carrb
Post Controls
carrb Posted on : Practice Insights Forum

Q1 With any human trafficking & forced labor case states may use a variety of laws, not just anti-trafficking laws to combat the issue.  This is especially crucial in states with anti-trafficking laws that have not yet been used by prosecutors.

Top
sudip chaudhuri
Post Controls
sudip chaudhuri Posted on : Practice Insights Forum

Q2: What have we seen in the last 12 months? Is the outlook improving?

Top
KellyHeinrich
Post Controls
KellyHeinrich Posted on : Practice Insights Forum

Q1: Every state now has some type of law that criminalizes human trafficking, which may at first blush appear impressive.   Beneath the surface, however, gaps in legislation and implementation reflect a different reality, one of underidentification and few prosecutions of human trafficking.  State laws vary dramatically and are not considered to be comprehensive.  For instance, few states have adopted laws providing eligibility for victim services.  Changes will come once more and more law enforcement officers are trained, state prosecutors grapple with the existing law, and judges preside over trafficking cases.  That means there is a lot of opportunity for attorneys to do groundbreaking work at the state level.  Here’s a quick read with more information: The State of State Human Trafficking Laws available at www.americanbar.org/.../the_state_of_state_humantrafficking_laws.html  

Top
carrb
Post Controls
carrb Posted on : Practice Insights Forum

Q1:  Rich is referencing what are commonly called "safe harbor" statutes which are designed to treat victims as victims rather than criminals.  Unfortunately in some states these laws are structured in such a way that they only treat individuals as victims if they comply with court ordered services.  In other states "safe harbor" is simply an affirmative defense to a prostitution charge.  These laws are almost exclusively directed at children and so once a person turns 18 they don't have this option.

Top
Amanda_Bales
Post Controls
Amanda_Bales Posted on : Practice Insights Forum

Q2: Can you provide a few resources that would help us learn more about trafficking generally?

Top
whiteja9
Post Controls
whiteja9 Posted on : Practice Insights Forum

Labor caess appear to be more difficult to identify. What strategies are missing in this?

Top
KellyHeinrich
Post Controls
KellyHeinrich Posted on : Practice Insights Forum

Q2: At the Global Freedom Center, we compiled the most reliable statistics on trafficking and they’re available online as our Quick Facts – www.GlobalFreedomCenter.org/GFC/learn/quick-facts.  There are a lot of disavowed, inaccurate statistics still in circulation so it was important to us to break through the bad data.  For instance, given all the media attention that focuses on sex trafficking, few realize that 78% is labor trafficking and 22% is sex trafficking. Also helpful is our slideshow of true stories - globalfreedomcenter.org/.../humantraffickingstories - from around the world, which will give you a sense of the wide variety in industries, methods of coercion and fraud, types of trafficking, and victim experiences.  Here are some other go to resources that will kick start anyone’s learning:

2014 Trafficking in Persons Report, U.S. Department of State

List of Goods Produced with Forced or Child Labor, U.S. Department of Labor

2012 Global Estimate of Forced Labor, International Labour Organization

Top
Rich Ehisen
Post Controls
Rich Ehisen Posted on : Practice Insights Forum

Q2 The Polaris Project is an excellent source of information on trafficking issues around the world.

Top
carrb
Post Controls
carrb Posted on : Practice Insights Forum

Q3: The majority of labor trafficking cases we work on in the Human Trafficking Clinic involve foreign national victims.  Identification can be difficult if these victims are not viewed as victims and instead as foreigners trying to come to the US illegally.  Additionally there is often the attitude that "well they make more money here than back home" or "that is how they would have been treated in their own country" as a way to minimize what is happening to the victims.  If that attitude is present than victims won't be recognized as such.

Top
Amanda_Bales
Post Controls
Amanda_Bales Posted on : Practice Insights Forum

Q4: What advice would you give to a law student who wants to work on anti-trafficking?

Top
carrb
Post Controls
carrb Posted on : Practice Insights Forum

Q4 For law students who want to work on anti-trafficking issues I would encourage them to figure out what area of the law they are passionate about and to learn those skills and then apply them in the anti-trafficking world.  My clients have a huge variety of legal needs:  tax, criminal defense, immigration, custody, landlord/tenant etc.  Find your passion and then use it to help trafficking victims.  For those who want to be anti-trafficking lawyers I would tell them to be comfortable with ambiguity and be willing to become a jack of all trades!

Top
Gregg Lawson
Post Controls
Gregg Lawson Posted on : Practice Insights Forum

Q5 Is it true that human trafficking is the third biggest money generating industry, second only to drug and gun trafficking?

Top
Rich Ehisen
Post Controls
Rich Ehisen Posted on : Practice Insights Forum

Q5 The U.S. State Dept says human trafficking is a $32 billion global industry. I'm not sure where that stands compared to drugs and guns but it is certainly a huge - and shameful -  number.

Top
KellyHeinrich
Post Controls
KellyHeinrich Posted on : Practice Insights Forum

Sudip, thanks for your question. On the webinar, Special Agent Mia Winkley shared that there's been an uptick in forced labor cases in nail salons and elder care facilities.  The number of prosecutions continue to rise, so does public awareness and interest.  Unfortunately the number of trafficked persons identified do not show improvement.  Since 2000 with the passage of the Trafficking Victims Protection Act, globally identification has never been more than one-tenth of a percent. That's our call to action.

Top
Amanda_Bales
Post Controls
Amanda_Bales Posted on : Practice Insights Forum

Q6: What are the risks that trafficking presents to corporations?

Top
KellyHeinrich
Post Controls
KellyHeinrich Posted on : Practice Insights Forum

Q6: To recap the webinar, the risks to a company are:

• Supply chain disruptions

• Regulatory - noncompliance with FAR, SEC Conflict Minerals Reg and potentially in the future the California Transparency in Supply Chains Act

• Civil litigation

• Criminal enforcement

• NGO advocacy, activism and apps

• Growing consumer concern

• Reputational

Top
leosaraceni
Post Controls
leosaraceni Posted on : Practice Insights Forum

Q7 For those who escape or are freed from forced labor, what is the rate at which they return back into those conditions?

Top
KellyHeinrich
Post Controls
KellyHeinrich Posted on : Practice Insights Forum

Gregg, the International Labour Organization came out with a new report estimating the profits from human trafficking at a whopping $150 billion.  Check it out at www.ilo.org/.../index.htm

Top
carrb
Post Controls
carrb Posted on : Practice Insights Forum

I don't know the rate of return for forced labor victims once they are freed or escaped -- but I worry that when asking that question we are putting a spotlight on the wrong person's thoughts, actions, and behaviors.  The real question should be what are the thoughts/actions/behaviors of perpetrators -- how often does a trafficker repeat his or her illegal actions?  Are traffickers being deterred?  It is not shocking to think that a victim is vulnerable to being retrafficked if she or he faces all the same risk factors -- extreme poverty, traumatization etc.  

Top
rheamalhotra
Post Controls
rheamalhotra Posted on : Practice Insights Forum

Q5: CNN states that illegal drugs are the number 1 crime industry and arms trafficking is the 2nd. The 3rd is in fact human trafficking. Read more: thecnnfreedomproject.blogs.cnn.com/.../the-facts

Top
Amanda_Bales
Post Controls
Amanda_Bales Posted on : Practice Insights Forum

Thanks for the lively discussion around the issue. While Bridgette, Kelly and Rich will no longer be moderating this discussion, please continue to share your thoughts and ideas with the rest of the community.

Top
Amanda_Bales
Post Controls
Amanda_Bales Posted on : Practice Insights Forum

In 2014, there have been 184 active bills at a state-by-state level, and in fact, 31 of these bills were enacted into legislation, while 91 are still pending. This information is according to an exclusive State Net® Jurisdictional Summary & Client report.

Access the entire report, courtesy of State Net®.

State Net Human Trafficking Report.pdf

Top
Anonymous
Post Controls
Anonymous Posted on : Practice Insights Forum

Will you post a link to a recording of today's (June 25) webcast?

Top
saperez
Post Controls
saperez Posted on : Practice Insights Forum

Will a link be posted? I didn't have the best connection and wasn't able to hear the codes clearly. would like to listen again on a better connection.

Top
Amanda_Bales
Post Controls
Amanda_Bales Posted on : Practice Insights Forum

Absolutely! I can include a link to the webinar once it is available online. Please check back to this post in 24 to 48 hours.

Top
Vanessa Lloyd
Post Controls
Vanessa Lloyd Posted on : Practice Insights Forum

For anyone interested, this is the link to information shared during Wednesday’s webinar. Enjoy!

http://www.youtube.com/watch?v=Ve5Vf6Ny0xw&feature=youtu.be

 

Top