https://www.linkedin.com/pulse/resources-inform-policies-human-trafficking-john-caulfield
Though the prevalence of human trafficking in the U.S. is unknown, there are many resources available to inform antitrafficking policies, laws, programs, etc. Local, state, and federal officials, legislators, staffers, and other stakeholders can draw upon these insightful offerings to combat human trafficking and establish performance measures to assess program effectiveness and adjust resources and capabilities to address top priorities.
The International Labor Organization Human Trafficking Evidence Gap Map
The ILO HT EGM is an interactive resource for knowledge gaps needed to inform policies on human trafficking. The Resources tab includes an Interactive Guided Tour, User Guide, Factors & Outcomes Descriptions, etc. The America-Northern filter shows 55 studies between 2010 and 2022 highlighting the socio-economic conditions and migration pathways of victims and survivors of trafficking. The majority of the studies assess the linkages between the vulnerability factors and the means (such as violence and fraud) and purpose (for example, sexual exploitation and child sexual exploitation) of trafficking.
The America-Northern Evidence filter shows the following Factor categories (subcategories) as the highest: Attitudes and awareness raising (Capacity building; Communication and advocacy). The following Outcomes categories (subcategories) were also identified as highest: Palermo Protocol Paradigms (Protection).
The America-Northern Gap filter shows the following Factor categories (subcategories) as being weak: Demographics (Ethnicity; LGBTQI+ identity); Labor market (Firm agglomeration); Social protection and livelihood (Access to credit; Corruption; Unrest; Insurance); Skills development (Literacy and education level; Remedial education and vocational training); Health and wellbeing (Disability). The following Outcome categories (subcategories) are identified as weak: Types of Exploitation (Child trafficking); Target group (Ethnicity).
The National Conference of State Legislatures (NCSL)
The NCSL partnered with the Department of Justice (DOJ), Office of Justice Programs (OJP), Office for Victims of Crime (OVC) to develop a database of state human trafficking enactments. This database can be used to search enacted legislation by state, topic (Businesses, Regulations and Licensing; Child Welfare Administration; Coordination/Study of Trafficking Efforts; Funding, Fines and Appropriations; Judicial Options for Survivors; Labor Trafficking Crimes; Miscellaneous; Prevention and Awareness; Purchasers; Services and Protections for Trafficking Survivors; Sex Trafficking Crimes; Trafficking of Children and Youth), keyword, year (from 2015-2020) or primary author. Search results include a bill number with the full text of the bill.
National Conference of State Legislatures Human Trafficking Enactment Database
Year | Total | |
States | Bills | |
2020 | 29 | 55 |
2019 | 38 | 113 |
2018 | 38 | 151 |
2017 | 43 | 151 |
2016 | 19 | 39 |
2015 | 23 | 132 |
Uniform Act: Model Human Trafficking Legislation for States
The Uniform Law Commission (ULC) provides states with non-partisan legislation that brings clarity and stability to state statutory law on human trafficking. It has since 2013 offered the Uniform Act on the Prevention of and Remedies for Human Trafficking (Uniform Act or UAPRHT). The Act’s primary goals are:
- Penalize the traffickers and patrons: Penalize the criminal conduct at the core of human trafficking, including those who knowingly engage in and benefit from this crime
- Protect the victims: Provide the protections and remedies that human trafficking victims need to recover and rebuild their lives
- Build public awareness: Promote partnerships in the fight against human trafficking, elevate public awareness, and foster development of coordinated victim services
Uniform Act Website
The ULC Uniform Act website provides tabs for:
- Enactment Kit: Summary, Fact Sheet, International Brochure, Final Act With Comments, Final Act Without Comments
- Final Act Documents: Final Act in PDF and Word formats
- Legislative Bill Tracking: None at present
- Committee Archive: Miscellaneous archived documents
Uniform Act Summary
The Uniform Act penalizes both traffickers and patrons and protects the victims in a single integrated law. The penalties, in addition to incarceration for the offenses listed, can include restitution and forfeiture (Sections 10 and 11). It provides for an affirmative defense of the victim against charges of prostitution (Section 16).
The offenses in the Uniform Act are:
- Trafficking an individual (Section 3)
- Forced labor (Section 4)
- Sexual servitude (Section 5)
- Patronizing a victim of sexual servitude (Section 6)
- Patronizing a minor for commercial sexual activity (Section 7)
- Business entity liability (Section 8)
- Aggravating circumstance (Section 9)
Current Version Legislation
To date, the Uniform Act has been adopted by nine states (Delaware, Louisiana, Montana, New Hampshire, North Dakota, Pennsylvania, Rhode Island, South Carolina, West Virginia) and the U.S. Virgin Islands.
See 8 Nov 2022 LinkedIn post for additional information https://www.linkedin.com/pulse/uniform-act-model-human-trafficking-legislation-states-john-caulfield
United Nations Universal Human Rights Index (UNRI)
Violations of human rights are both a cause and a consequence of trafficking in persons. Accordingly, it is essential to place the protection of all human rights at the center of any measures taken to prevent and end trafficking. Anti-trafficking measures should not adversely affect the human rights and dignity of persons and, in particular, the rights of those who have been trafficked, migrants, internally displaced persons, refugees and asylum-seekers.
A search on the UHRI for Country (United States of America) and Human Rights Theme (Human trafficking & contemporary forms of slavery) produced the following results on 23 Aug 2023: 64 recommendations / observations from 12 documents among 8 mechanisms. The recommendations can be printed and/or exported in csv format and provide details on: Text, Countries Concerned, Recommending Body, Document Symbol, Themes, Affected Persons, SDGs, Document Publication Date, UPR Recommending States, UPR Position, Type, OHCHR Annotation Id, UPR Session, Regions Concerned, Recommending Regions, Date of publication on UHRI. The Sustainable Development Goals include:
1.b – Create pro-poor and gender-sensitive policy frameworks
3 – GOOD HEALTH AND WELL-BEING
3.2 – End all preventable deaths under 5 years of age
3.4 – Reduce mortality from non-communicable diseases and promote mental health”
4 – QUALITY EDUCATION
4.a – Build and upgrade inclusive and safe schools
4.7 – Education for sustainable development and global citizenship
5 – GENDER EQUALITY
5.2 – End all violence against and exploitation of women
5.3 – Eliminate forced marriages and genital mutilation
8 – DECENT WORK AND ECONOMIC GROWTH
8.5 – Full employment and decent work with equal pay
8.7 – End modern slavery, trafficking and child labor
8.8 – Universal labor rights and safe working environments
10 – REDUCED INEQUALITIES
10.1 – Reduce income inequalities
10.3 – Ensure equal opportunities and end discrimination
10.7 – Responsible and well-managed migration policies
11.1 – Safe and affordable housing
12 – RESPONSIBLE CONSUMPTION AND PRODUCTION
12.6 – Encourage sustainable practices for companies
16 – PEACE, JUSTICE AND STRONG INSTITUTIONS
16.a – Strong institutions to prevent violence, terrorism and crime
16.b – Promote and enforce non-discriminatory laws
16.1 – Reduce violence everywhere
16.2 – Protect children from abuse, exploitation, trafficking and violence
16.3 – Promote the rule of law and access to justice for all
16.9 – Universal legal identity and birth registration
16.10 – Ensure public access to information and protect fundamental freedoms
17 – PARTNERSHIPS FOR THE GOALS
17.9 – Enhance capacity-building in developing countries
17.18 – Enhance availability of reliable data
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