Stop Violence Against Women
Human Trafficking: Background
- Issue Brief: Implement Treaty Against Human Trafficking
In order to combat trafficking in persons, on October 7, 2005, the United States Senate gave its advice and consent to ratify the United Nations Convention against Transnational Organized Crime and the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children. Amnesty International USA applauds this Senate action that creates international mechanisms to address trafficking in persons.
In addition to approving the international treaty, the United States has enacted several important domestic laws to combat the scourge of human trafficking. Recognizing that the rapid spread of organized crime has facilitated the trafficking of persons across borders, the United States passed the Trafficking Victims Protection Act and other legislation to address the perpetrators of such crimes and protect the victims. However, the global reach of the problem also requires international solutions. Trafficking issues need to be stopped through coordinated international efforts, since trafficking in persons is associated with transnational organized crime.
The State Department estimates that each year 50,000 to 100,000 women and children are trafficked into the United States and an estimated 600,000-800,000 men, women, and children are trafficked across international borders. Trafficking in women and girls is a denial of basic human rights, and results in an increase in forced labor and forced prostitution. Amnesty International supports important measures to ensure the protection of victims of trafficking and accountability for the perpetrators. This Convention will facilitate the prosecution of offenders, protection of victims, and the prevention of future trafficking.
The Convention and its Protocols on trafficking are the first international instruments to define “trafficking in persons,” viewing the trafficked persons as victims rather than criminals. It requires signatories to grant trafficking victims protection and assistance, including protection of their privacy and physical safety, and provides for victims’ physical, psychological, and social recovery. The treaty also encourages parties to consider providing temporary or permanent residency to victims of trafficking. The Convention creates a blueprint for international cooperation and information sharing on trafficking crimes, works with non-governmental organizations to prevent re-victimization, and suggests research and mass media campaigns to raise awareness and prevention of trafficking.
Amnesty International USA Recommendations:
- The US Government should seek full and comprehensive implementation of the Treaty and its Protocols.
- The US Government should urge other governments to ratify and implement the Treaty and Protocols on trafficking.
- The US Government should prosecute all traffickers and expand the statute of limitations for prosecuting traffickers to ten years.
- The US Government should protect trafficking survivors by requiring US immigration officers to ask foreign persons detained if they have been trafficked before they are sent back to their home countries in expedited removal proceedings.
- The US Government should direct Homeland Security officers to inform trafficking victims that they can work with law enforcement to help prosecute their traffickers; that they have help available under U.S. law, including the possibility of a visa; and to communicate with those who may have been trafficked in languages they understand.
- The US Government should ensure that the Department of Health and Human Services grants full benefits to child trafficking survivors without requiring cooperation with law enforcement.
- The US Government should provide proper training to federal law enforcement, prosecutors, victim-witness personnel, as well as state and local police, prosecutors and service providers.
- The US Government should implement the US Department of Defense’s policy on trafficking designed to improve training, accountability, and transparency.
- The US Government should implement existing US laws and pass new legislation to hold accountable private military contractors involved in trafficking in persons.
