2012 Trafficking In Persons Final Report.pdf - NCJTC Home

2012 Trafficking In Persons Final Report.pdf - NCJTC Home 2012 Trafficking In Persons Final Report.pdf - NCJTC Home

03.11.2014 Views

Annotated Bibliography Trafficking & Smuggling Bhabha, Jacqueline, ―Trafficking, Smuggling, and Human Rights,‖ Migration Information Source, March 2005. This article by lawyer and migration expert Jacqueline Bhabha outlines the innovative approach to human movement established in the Palermo Protocols on Smuggling and Trafficking. She examines the language of each Protocol, citing the nuances that create the possibility of greater protections for trafficked persons and the important distinction made between smuggling and trafficking. She also underlines how difficult it can be to identify any situation as solely smuggling or trafficking, as many cases of smuggling with consent become coercive trafficking cases. The slippery continuum created makes it crucial for law enforcement and those who encounter potential victims to treat them with respect and dignity and not as criminals. She also notes the issue of coercion as being open to interpretation, since some situations (such as extreme destitution), may drive people to take actions just as much as direct coercion by another person may do so. Zhang, Sheldon. Human Smuggling and Human Trafficking Migration expert Sheldon Zhang examines the complex interplay between human movement and criminal activity in an increasingly globalized world. Understanding the manifold factors that drive individuals and groups to migrate to countries with better opportunities, Zhang assesses the ways in which criminals have taken advantage of the rise in movement. By increasing immigration control in the interest of national security, many countries have, in effect, pushed immigrants directly into the hands of smugglers. Chapter seven zeroes in on the fraught and slippery relationship between trafficking and smuggling. Guest worker programs, addressing economic and employment issues in sending countries, and improving international collaboration are among the macro-level solutions possible. Statistics & Data Laczko, Frank and Marco A. Gramegna, Developing Better Indicators of Human Trafficking, 10 Brown J. World Aff. 179, 183 (2003). In this article, Lazcko and Gramegna lament the deficiency of thorough, quantitative research on human trafficking statistics despite the growing volume of trafficking-related literature and the rising international awareness of human trafficking as a criminal and human rights issue. The authors indicate reasons that make measuring difficult, including differences over definitions, lack of reliable trend reporting by nations over time, lack of consistence data collection among nations, and low levels of reporting crimes as trafficking. The authors conclude that improved efforts to identify cases of and combat trafficking, along with better international data collection, will help to make numbers more reliable. They suggest raising awareness about the paucity of data, assisting poor countries with data compilation, promoting existing data more widely, urging agencies to coordinate their data collection efforts, and venturing comparative projects to track longterm changes and to establish standards across countries. 3

McGaha, Johnny E. and Amanda Evans, ―Where are the Victims? The Credibility Gap in Human Trafficking Research‖ in 4 Intercultural Human Rights Law Review 239 (2009). McGaha and Evans assess the current statistical shortcomings of a vast quantity of scholarly data on human trafficking. They argue that a failure to explain the methods used to estimate the number of human trafficking victims worldwide by a few frequently cited publications and databases has led to the dissemination of information that can easily be undermined given new studies. If scholars and activists wish to make human trafficking a top policy issue, they need to provide reliable figures. Otherwise, lawmakers will begin to feel that the credibility of this research has made legislation and funding to combat trafficking less reasonable. Psychological Health & Vulnerable Groups Atzet, Ian, ―Post-Crisis Actions to Avoid International Child Trafficking‖ in Journal of Law & Family Studies 12, 499, 2010. This article examines the case of Haiti as a post-disaster zone which created special vulnerability for children. Kidnapping gangs known as restaveks found an easy job of obtaining and selling children from the streets. In contrast, the New Life Children‘s Refuge (NLCR), a Christian charity ostensibly dedicated to protecting and providing for children, attempted to rescue street children and relocate them to a safe location in the Dominican Republic. Haitian officials at the border prevented members of the NLCR from leaving with the children, as border controllers suspected the situation to resemble abduction more than adoption (many of the children had living relatives and lacked documentation). Atzet recommends that, in order to control demand for adoption after a crisis and to protect vulnerable children who are made even more so by a large-scale crisis: bodies that govern adoption within the home country should be allowed to regain functionality before moving forward with or rushing adoptions; prosecutions of postcrisis traffickers should be enhanced; and putting a moratorium on adoptions. Bhabha, Jacqueline, ed. Children Without a State (Cambridge: MIT Press, 2011). In this edited volume, the phenomenon of statelessness is examined with a particular eye towards the vulnerability of children. The articles cover three overarching legal statuses of statelessness affecting children: legal (when someone has never acquired a nationality due to citizenship documentation unavailability or prevailing political issues); de facto (when a child is illegally present in a state); and effective (when otherwise legal citizens cannot prove their identities due to lack of adequate proof). Issues such as birth registration, illegal migration, human trafficking, itinerant and migrant populations, minority and marginalized groups, access to basic goods such as education and health care, and historical statelessness are explored in this seminal contribution to the field of migration and children‘s rights. 4

McGaha, Johnny E. and Amanda Evans, ―Where are the Victims? The Credibility Gap in Human<br />

<strong>Trafficking</strong> Research‖ in 4 <strong>In</strong>tercultural Human Rights Law Review 239 (2009).<br />

McGaha and Evans assess the current statistical shortcomings of a vast quantity of<br />

scholarly data on human trafficking. They argue that a failure to explain the methods<br />

used to estimate the number of human trafficking victims worldwide by a few frequently<br />

cited publications and databases has led to the dissemination of information that can<br />

easily be undermined given new studies. If scholars and activists wish to make human<br />

trafficking a top policy issue, they need to provide reliable figures. Otherwise, lawmakers<br />

will begin to feel that the credibility of this research has made legislation and funding to<br />

combat trafficking less reasonable.<br />

Psychological Health & Vulnerable Groups<br />

Atzet, Ian, ―Post-Crisis Actions to Avoid <strong>In</strong>ternational Child <strong>Trafficking</strong>‖ in Journal of Law &<br />

Family Studies 12, 499, 2010.<br />

This article examines the case of Haiti as a post-disaster zone which created special<br />

vulnerability for children. Kidnapping gangs known as restaveks found an easy job of<br />

obtaining and selling children from the streets. <strong>In</strong> contrast, the New Life Children‘s<br />

Refuge (NLCR), a Christian charity ostensibly dedicated to protecting and providing for<br />

children, attempted to rescue street children and relocate them to a safe location in the<br />

Dominican Republic. Haitian officials at the border prevented members of the NLCR<br />

from leaving with the children, as border controllers suspected the situation to resemble<br />

abduction more than adoption (many of the children had living relatives and lacked<br />

documentation). Atzet recommends that, in order to control demand for adoption after a<br />

crisis and to protect vulnerable children who are made even more so by a large-scale<br />

crisis: bodies that govern adoption within the home country should be allowed to regain<br />

functionality before moving forward with or rushing adoptions; prosecutions of postcrisis<br />

traffickers should be enhanced; and putting a moratorium on adoptions.<br />

Bhabha, Jacqueline, ed. Children Without a State (Cambridge: MIT Press, 2011).<br />

<strong>In</strong> this edited volume, the phenomenon of statelessness is examined with a particular eye<br />

towards the vulnerability of children. The articles cover three overarching legal statuses<br />

of statelessness affecting children: legal (when someone has never acquired a nationality<br />

due to citizenship documentation unavailability or prevailing political issues); de facto<br />

(when a child is illegally present in a state); and effective (when otherwise legal citizens<br />

cannot prove their identities due to lack of adequate proof). Issues such as birth<br />

registration, illegal migration, human trafficking, itinerant and migrant populations,<br />

minority and marginalized groups, access to basic goods such as education and health<br />

care, and historical statelessness are explored in this seminal contribution to the field of<br />

migration and children‘s rights.<br />

4

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