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Gov't Effort to Stem Human Trafficking Helps Very Few
The Bush administration's publicized effort to help victims of human
trafficking falls short and is even counterproductive, the writer says
By Pueng Vongs, Pacific News Service
December 16, 2004 - He could end up slaving long hours for pennies at
a Chinese buffet restaurant.
She could be a Thai woman who thought she was coming to the United
States to be a housekeeper but, under threats of bodily harm to her and
her loved ones, wait on her masters hand-and-foot 18 to 20 hours a day,
seven days a week.
She could be a teenager from Mexico, who was promised a job as a
waitress but is made to work as a prostitute to pay off exorbitant
transportation fees.
They are among the growing number of illegal immigrants who are quietly
smuggled into the country and quickly disappear into dark lives of
servitude, usually under lock and key. They are victims of human
trafficking, the fastest growing crime in the nation. Humans compete
with illegal drugs as the hot new commodity.
The Bush administration has grand plans to aid the women, men and
children lured or forced into this country for cheap labor or sex
services. Its efforts, however, have yet to make a substantial impact
and often invite greater peril for the victims.
Officials recently unveiled a glossy $5-million ad campaign against
human trafficking. They estimate that the majority of trafficked humans
are women and girls from places like China, Thailand and Vietnam used
for prostitution or pornography.
Portraits of young and forlorn-looking Asian women grace many official
ad posters that promise to "Rescue and Restore" victims of trafficking.
Help such as housing, health care, food and even citizenship are
available, the ads say.
But what the ads don't mention is, in order to take advantage of these
benefits, victims must first agree to cooperate in the criminal
Investigations of their abusers. This is not a viable option for most .
Those who cooperate may face retaliation from their exploiters or risk
harm to their loved ones in their homelands. For example, a Thai
domestic worker who has agreed to testify against her abuser may want to
bring her two children from Thailand to safety before the abuser is
released from jail. He often threatened to have them killed if she were
to ever seek help.
Victims who come forward must also go through the arduous task of
proving themselves survivors of "a severe form of trafficking." And they
must demonstrate they would face extreme hardship if returned to their
home country.
"Definitions are too restrictive or open to wide interpretation," says
Kay Buck, executive director of the Los Angeles-based Coalition to
Abolish Slavery and Trafficking (CAST).
Those who are rejected in the process are left with few painful options,
including deportation. Others may be jailed because of their illegal
status. Without any resources, some are forced to return to their
captors.
Because the risks are so great, the requirements so unwieldy, few
victims actually are able to take advantage of government help. In 2000,
Congress passed the landmark Trafficking Victims Protection Act,
promising 5,000 temporary visas each year for survivors who could later
apply for permanent residency.
Only about 450 persons have received the T-visas or other benefits since
2000, out of an estimated 14,500 to 17,500 persons trafficked annually.
There are other reasons why the number of victims taking advantage of
the act is so low.
Identifying victims is frequently in the hands of local law enforcement.
Many may misidentify them, or worse, arrest them because of their
illegal status. It does not help that many survivors come from countries
where they have learned not to trust local officials, who can be
brutally corrupt.
Children may fear officials even more. Only some 45 children have
received visas or benefits since 2000. Yet some studies indicate
children make up one-third of trafficking cases.
"Most children come alone and are too traumatized to be able to convince
law enforcement that they are survivors of trafficking," says Margaret
MacDonnell, children services specialist with the U.S. Conference of
Catholic Bishops Migration and Refugee Services.
Advocates say too much emphasis is being put on cases involving
trafficking for the sex industry, to appeal to the administration's
conservative constituents. Labor cases, they say, are being neglected.
Trafficking cases are almost evenly divided between the sex industry and
those involving domestic service, agriculture, factory, restaurant and
hotel work, according to a recent study by the Human Rights Center at
the University of California at Berkeley and the nonprofit group Free
the Slaves.
This picture contrasts with government estimates that 70 percent of
cases involve sex trafficking. Of the 31 cases prosecuted last year, 25
cases involved sex trafficking. More studies must be done to get a true
picture of the breakdown.
Government officials are increasing efforts to train local law
enforcement, involving social workers in helping to identify victims and
funding community groups to help them navigate the legal maze. But more
must be done, says Buck, whose organization operates the only shelter in
the country dedicated to trafficking survivors. There is a need for more
shelters to encourage trust and a sense of safety. Trust is also a key
component in encouraging victims to cooperate in criminal
investigations.
Perhaps the most important help for victims is to withdraw the mandatory
requirement of participation in criminal investigations as a condition
for getting government help.
Advocates want government to follow the models of asylum or domestic
violence cases, where testifying is not a requirement, says Kathleen Kim
of the Lawyer's Committee for Civil Rights. This, she says would go a
long way in encouraging victims to seek rescue.
PNS editor Pueng Vongs, a journalism fellow in
Child and Family Policy of the University of Maryland-Foundation for
Child Development. |
