Friday, July 30, 2010

Prosecutors call for human trafficking victims to testify | Law | The Guardian

Authorities launch drive to boost conviction rate as China is revealed to be one of the main sources of trafficked people

Protesters outside the Houses of Parliament campaigning against the sex trafficking of young people
Protesters outside the Houses of Parliament campaig against child trafficking earlier this month. Photograph: Oli Scarff/Getty Images

Prosecutors have responded to criticism they are securing too few convictions for human trafficking by making a plea to victims to come forward and testify against their traffickers.

The director of public prosecutions, Kier Starmer, launched a draft policy on prosecuting a crime he described as "modern-day slavery" in a bid to increase the number of prosecutions for trafficking in England and Wales. Last year 102 people were prosecuted for sex trafficking and another 19 for labour trafficking.

The move comes as the Crown Prosecution Service announced a growing problem of trafficking into Britain from Nigeria, Vietnam and China, which are believed to be the major source of victims, after many years in which eastern Europe had that status. In particular young women and girls are being trafficked from Nigeria to work as prostitutes, while boys and young men from Vietnam are being used in cannabis farms located in converted homes in residential areas across Britain. Victims of both sex are being trafficked from China into prostitution and forced labour such as domestic slavery, the CPS said.

"It is important that those who help victims understand our role in dealing with human trafficking cases," said Starmer. "This new public policy will be the go-to guide on the prosecution process for support groups … and help them give informed advice to victims, which we hope will ultimately lead more victims supporting prosecutions. Combating human trafficking is a high priority for the CPS and the criminal justice system – we are committed to tackling and disrupting this modern form of slavery."

Campaigners for trafficking victims have been critical of the authorities' response to the crime.

"Over recent years the government has woefully underperformed in securing convictions for human trafficking," said Christine Beddoe, director of Ecpat UK. "There is no incentive for victims to come forward because of the lack of protection. Even recent efforts to improve the identification of victims through a national referral mechanism are being undermined by the Home Office's insistence on seeing too many of these exploited and vulnerable individuals as immigration offenders."

Victims are often reluctant to come forward because they fear retribution against themselves or their families back home and because they distrust the police, especially if they are from a country which suffers from a corrupt law enforcement system.

The CPS wants victims to know they will be protected through the prosecution process and to encourage them to come forward with vital evidence against the person or gang that exploited them in order to secure a conviction.

The draft policy states that victims can be screened from the defendant in court, public galleries can be cleared and the victim can give evidence through a TV link, even from abroad if they have returned to their home country.

Successfully prosecutions have proved difficult in recent years, partly because prosecutors must present juries with evidence that the suspected trafficker recruited the victim and moved them, which often requires evidence from the home country; that the victim has been forced into exploitation; and of the exploitation itself. To show all these, the victim's own evidence is a key starting point for investigators.

The CPS wants charities and support groups who assist victims of trafficking to explain to them how the prosecution system in the UK will protect them if they come forward, and is calling on agencies such as the Health and Safety Executive, the department of work and pensions and the UK Border Agency which come across trafficking victims to do the same.

Prosecutors call for human trafficking victims to testify | Law | The Guardian


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Thursday, July 29, 2010

Immigration: Sex Trafficking of Mentally Disabled Girl Puts Focus on Illegal Immigrants and Crime - ABC News


Mario Laguna-Guerrero had been dating his 17-year-old girlfriend for two years and even lived with her and her mother before he made a decision that would change their relationship forever.

Laguna, struggling to repay a debt to smugglers who brought him into the country from Mexico, decided to become a pimp -- driving his girlfriend to migrant labor camps in Hillsborough County, Florida, and selling her for sex.

Over four months in late 2009, as many as 80 men slept with the teenage girl while Laguna pocketed $25 a head. He later pressured his girlfriend to recruit high school classmates to work as prostitutes too.

Law enforcement agents arrested Laguna in April and charged him with sex trafficking of a minor, a federal crime.

According to the affidavit, Laguna, 25, said his girlfriend, who's a U.S. citizen, agreed to help him pay off his debt by having sex for cash. But the girl, who has a mental disability and is only identified as "Victim #1," told detectives separately, "I don't wanna do this."

Investigators determined Victim #1 has an IQ of 58, which psychologists described to ABC News as "low-functioning," adding that she would have difficulties making decisions on her own.

"This girl was rescued from a nightmare which could only have gotten worse," said Hillsborough County Sheriff David Gee.

As national debate rages over ties between illegal immigration and crime, the Laguna-Guerrero case depicts a disturbing trend in human sex trafficking and, some immigration critics say, a consequence of the U.S. failure to secure its borders.

"This is a heinous crime, there are real victims left in its wake, and it's all unnecessary," said Ira Mehlman of the Federation of Americans for Immigration Reform. "It could have been prevented if he weren't here illegally... Legal immigrants go through a vetting process that's designed to weed out criminals."

Laguna, who worked as a strawberry picker on a farm near Tampa, first arrived in the U.S. in 2002. He told investigators the smugglers who brought him into the country threatened to cut off his fingers if he did not soon pay his $2,000 debt.

While Mehlman praised Immigration and Customs Enforcement agents for uncovering the case and prosecuting the "most egregious" crimes perpetrated by immigrants, he said more must be done to curb the "disproportionate" criminal activity of those in the U.S. illegally.

Photo: Illegal Immigrant Accused of Sex Trafficking Mentally Disabled Florida Girl: Immigration Critics Call Case Consequence of 'Broken Borders,' Link Immigrants and Crime
Mario Alberto Laguna Guerrero.
(Courtesy Hillsborough County Sheriff)

Are Immigrants Disproportionately Criminals?

Illegal immigrants make up about 3 percent of the U.S. population, according to Census statistics. "Criminal aliens" make up about 27 percent of inmates in federal prisons, according to a 2005 Government Accountability Office report.

But immigration advocates say focusing on the share of inmates in federal prison and on cases like Laguna's can be highly misleading and downright wrong.

"Immigrants are less likely to commit crimes than native-born citizens," said Ben Johnson, executive director of the American Immigration Council.

Johnson said the share of immigrants in federal prisons may seem alarming but that only 8 percent of all U.S. prisoners are in such facilities. Most are in state and local prisons, where incarceration rates for immigrants are lower than average.

He also pointed out that many immigrants in the federal system may simply be there because they lack legal immigration status -- not for having committed flagrant criminal offenses.

"No community is immune from the ravages of drugs and sexual violence. But the overwhelming majority of those crimes are not done by immigrants," Johnson said. "We don't ask criminals about their political affiliation or their religion. So why should we focus on their immigration status?"

Immigrations and Customs Enforcement officials say they continue to prosecute crimes committed by immigrants, including cases of sex trafficking. The agency investigated 557 sex trafficking cases between 2005 and 2007 and convicted 129 enders, according to the most recent data.

Sex trafficking, or the recruitment, transportation and use of another person for the purpose of trading sex for money, has become an alarming trend in recent years.

An estimated 240,000 American children are at risk of commercial sexual exploitation with the average age of first-time prostitutes ranging from 12 to 14, according to a recent Justice Department study.

Laguna-Guerrero, who allegedly began trafficking his girlfriend when she was 16, currently faces a trial in U.S. Federal District Court. If convicted, he faces up to life in prison.

ABC News' Julie Percha contributed to this report.

Immigration: Sex Trafficking of Mentally Disabled Girl Puts Focus on Illegal Immigrants and Crime - ABC News


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Is human trafficking the new slavery?

Wed, 28 Jul 2010 18:21:23 GMT

At least 50,000 women and children were sold in the West last year.
The following is a rush transcript of The Agenda program hosted by Press TV's Yvonne Ridley on human trafficking. Eastern-European Oxana Kelma, who was trafficked into Britain, Human Rights Consultant Ceri Hayes and Dr. Mick Wilkinson, a senior lecturer of race and social justice at the Wilberforce Institute were the guests of the program.

You can watch the program here.

It is the 21st century and yet there are more slaves around the world today than there were chained and put on boats in Africa during the 4th century when the UK dominated the slave trade.

This new form of slavery is global and even more lucrative than the world's drug trade. The statistics are shocking. The stories are harrowing, and the main victims are women and children.

The illegal industry is now worth USD 32 billion a year.

The UK parliament passed the slavery abolition act in 1833 giving all slaves in the British Empire their freedom. But it has been revealed that humans are still being sold and trafficked around the world.

At least 50,000, mainly women and children, were sold in the West last year.

Leading human rights groups are demanding governments meet their international legal obligations and provide compensation as protection measures for the 21st century slaves.

These include thousands of young women forced into the European sex industry and others trafficked to work for little or no pay as domestic staff where they are subjected to a physical and psychological violence and forced to work long hours.

Is human trafficking the new slavery?

Ridley: We are told that this evil trade involves millions of victims far bigger than that other dark period in our history, when African people were traded like pieces of meat across the British Empire. Just how vast is this evil trade Mick?

Wilkinson: It is vast. Professor Kevin Bales who is a colleague with me at the Wilberforce Institute at the University of Hull, has estimated that there are now 26 million people globally who are actually victims of the slave trade.

That is an enormous amount of people, within that the State Department in the United States estimates that there are 600-800 thousand people trafficked across borders each year, into the sex trade. So, we are talking about a vast global problem out there.

Ridley: Where is the hub of this? Is it an East problem or is it a Western problem. Where are these people being trafficked to?

Wilkinson: It is a globalized problem, it is difficult to find any corner of the globe where trafficking and slavery doesn't not exist. So, you have got slavery in the Amazon basin, you have got slavery in India. Children working in garment factories in India, you have got children in Burma. It is a global phenomenon. It is in Southwest Africa, in Ghana you have got children working with fishing nets there and women in the sex trade across Southeast Asia.

Ridley: Ceri, where do you start with this? It is such a huge problem.

Hayes: It is, but I think there are clear ways to tackle the problem. If you look at, for example, the EU convention on [Action Against] Trafficking, it has what is called the three P's: Prevention of the actually problem of trafficking; Protection of the women and children who are being trafficked; Prosecution of the people who are perpetrating this crime. So, there are clear rules and regulations around this. The problem is actually implementing them and making sure that the funding is in place to do that.

Ridley: Oxana, You were trafficked, you were a victim although you now work to highlight the dangers of this trade. The victims are sometimes afraid that they are going to be targeted if they got o the police or the authorities. Is that fear genuine or is it imagined?

Kalemi: Well, when you are trapped with the people, they actually tell you that you are an illegal immigrant and if you go to the police, you will go to prison for 3-5 years for illegally coming to this country. So, that is what I knew and I didn't want to go to prison for 5 years for that, because I just came with no papers, so I was illegally there. So, that is what I knew, I didn't have any internet access or television or anything like that. I was kept in one room which was just walls and a bed. So, that is what I knew and that is what I was very, very afraid; for no one wants to go to prison.

Ridley: Ceri, you deal with a lot of people like Oxana. How can you get the message out to these women and children, to blow the whistle if they are away from any forms of communication and they are literally locked in tiny rooms?

Hayes: Well, that is precisely the problem. I think it is not straightforward. As Oxana has said, the way these cases tend to be dealt with is that they are seeing the victims, or themselves portrayed as criminals and also identifying these women as victims in the first place is very difficult. So, Oxana's experience is very common.

Ridley: Ceri as we have discussed, the scale is breathtaking. Is there one single global authority that deals with this? As one of the statistics said, America spends just one days worth of the money it spends on trying to combat drug trafficking, [on human trafficking], which was quite astonishing. It is not really taken as a serious problem is it?

Hayes: I think the issue is quite fragmented in the approach taken to addressing it, and that is why there needs to be more interaction and a more integrated approaches, both at regional level and also internationally, to addressing this. So, for example the problem of cross-border controls, you know the more cooperation between countries who are addressing this, the better.

Ridley: when people like Oxana do manage to escape and they go to the authorities, they are not treated like victims are they?

Hayes: No, that is the problem as Oxana has already said. For example, if you take the United Kingdom, the agency that is dealing with that, the UK Border Agency, will usually see this as an immigration problem. A report recently produced by some leading anti-human trafficking agencies in the UK, found that mechanisms in place to try and address the needs of some of these victims are just not being addressed and implemented properly. So, we need proper support for women like Oxana so that they are able to come out and escape from this awful trade.

Ridley: Oxana, you wrote a book called 'Mummy Come Home' and I believe it is doing very well [in sales]. But, can you tell me how you were able to escape you handlers, and what the reaction of the authorities was when you went to them for help?

Kalemi: Actually, when I ran away, I ran away to a friend. I did not run away to the police, I was too afraid to go to the police. And my friend told me that I can live in her place where she was working -- and she was working in a sauna. So, I had to have some money to earn somehow, to get a room and then think what I am going to do next. So, I didn't actually escape, and I didn't actually think through anything. I was just gone. I did not think about what was going to happen.

Ridley: How did it come to an end?

Oxana Kalemi: I had heard very bad news from my country and I was living in my boyfriend's house and I had to pack to a sauna and when I came back to the sauna, the second day I was there, the police raided and took me because I had no papers whatsoever.

When I got to the police station it was very scary because I thought that is it, my life has ended here. So, I was there [at the police station] all night, and I was very lucky to get a police officer who believed my story.

Ridley: Mick, how wide spread is child slavery?

Wilkinson: Again it is massive. In countries like India, there is enormous usage of children in the garment trade. It is an enormous phenomenon.

Ridley: But India is an emerging power it is seen as quite a force in the world today; surely it must be aware of this.

Wilkinson: Of course it is, that is why they have passed laws against slavery, but the problem is the implementation. Well, not just in India, I do not want to highlight India as the only country [practicing child slavery] and I don't want to highlight countries in the developing world, specifically either.

We have to accept the fact that part of this problem is the supply chain and part of this problem are major retailers in the north and in the west. Where do these jewelers think they get their diamonds from so cheaply? How are they produced? Is it beyond capabilities to go and find out who is producing these diamonds? How can I get T-shirts for two pounds on British high streets?

So, the retailers really think that those T-shirts are being created under decent labor conditions? It is laughable to suggest that they don't know there is slavery somewhere along the way of the supply chain.

Ridley: So, is it the fault of the consumers then? Should shoppers shop with conscience?

Wilkinson: It is not the fault of the consumers, we are going into a recession now, people buy goods where they see them cheaply. You cannot expect consumers to check out every product, whether it be garments or coffee, or whatever. There surely is a moral responsibility on the suppliers of these products.

There are people sending out buyers to get these products, the same buyers can easily find out where there is slavery somewhere along the line of the supply chain. And they can work with developing countries to organize with trade unions to ensure that this doesn't happen. The reality is there is no interest in doing this because they are making huge profits.

The other key agent here is the British government and other Western governments. It is the responsibility of national governments to ensure that they are not engaged in this kind of horrendous slavery-linked trade.

Ridley: Oxana, where do you see the problem? Do you see the problem as being the customers, the pimps in your case, or the people who lured you into Britain in the first place?

Kalemi: From my point of view, I think the problem is on the borders. Because I passed so many borders with no police check at all and that is just shocking. I was in a lorry with 5 people inside and we didn't even stop all the way from Germany.

Ridley: Presumably, before you boarded the lorry, you had handed over money already. What did you think you were going to?

Kalemi: My friend told me that I am going to a casino to work as a waitress and as I was left with three children and my husband gone, I needed to provide some food. So, of course it is a problem with economy in my country and lots of poor countries like Romania and Ukraine and also Europe. It is the economy. They (the governments) are not supplying anything. I mean we do not have any benefits. We do not have any hostels. We do not have any help whatsoever.

Ridley: Ceri, human rights organizations thought that it scored a major victory when the UAE brought out to stop the exploitation of children [as camel jockeys]. And then in a festival in Abu Dhabi, children were clearly being used again in camel racing. How can you overcome this problem when governments are quite prepared to turn a blind eye or do nothing?

Hayes: Well, I think governments need to be held accountable, as you say the laws are in place, but these laws needs to be enforced properly. And I also think that we need to look at this problem in a holistic way as well.

I want to come back to the points that both Oxana and Mick made, if I may. Oxana was talking very much about the push factors around trafficking, so in the case of women and girls in countries like for example, Albania, I have met with women's organizations in Albania that have been trying to help women that have been repatriated to Albania. The reasons that those girls left in the first place was because of lack of jobs, poverty in their own countries, and then they were tricked and coerced into going overseas for work, which turned out to be sex trafficking.

And, similarly, coming back to the point that Mick was making, about the demand. We need to look at the demand as well. And this is something that the Anti-Trafficking Alliance has been looking at, in terms of sex trafficking and the men who pay for sex in the first place. So, there is the men paying for sex, and the demand for prostitution that increases sex trafficking. So, we need to be addressing that as well.

Ridley: And of course it is a multi-billion-dollar trade, and that is higher than the drugs trade?

Hayes: I believe that the arms trade is the most lucrative, then the drugs trade and then it is sex trafficking. But they anticipate that in the coming decades, sex trafficking and trafficking of humans generally will actually overtake drugs trafficking.

Ridley: Who is getting rich on all of this Mick?

Wilkinson: criminal gangs and local newspapers. Let me explain that one for you. The difference between the drugs trade and the reason why the sex trade will surpass it is that the penalties for being involved in the drugs trade, is far greater than the penalties for being involved in trafficking people for sexual activity and sexual exploitation.

Ridley: And that is quite shocking in itself in terms of the value of a human.

Wilkinson: Yes, that is why the criminal gangs are moving over or jointly doing both drugs and sex trafficking. But the people who profit are criminal gangs, in the one instance, and in another instance, local newspapers.

Ridley: I am intrigued by the local newspapers, I mean I started my career on a local newspaper.

Wilkinson: Open many local newspapers across the UK, to the back you will find advertisements of massage parlors, saunas, and so on. Many of the women, who work in these massage parlors and saunas, have been trafficked into them for the use of sexual exploitation.

For example in 2004, the POPPY project in London did a study called Sex in the City where they highlighted the fact that 85 percent of women who are working in off-street prostitution in London -- that is massage parlors and saunas -- 85 percent of them, have been trafficked into those situations against their will.

So, all those clever boys in the city of London who think it is funny and as easy to go and use a prostitute as it is to order pizza, they should be aware of the fact that the vast majority of those women, are in those circumstances against their will and so effectively they are raping them.

Ridley: Well, surely the newspaper publishers should take responsibility as well because if there weren't the advertising [then this wouldn't happen]. I mean, isn't this one way of trying to crack down?

Wilkinson: You will not have any arguments on that from me. My own local MP (Member of Parliament) Diana Johnson for instance has done some solid work in trying to counter that.

Ridley: US Secretary of State Hilary Clinton launched the US State Department's annual Trafficking in Persons Report and among the countries on that list of shame was, for the first time, the United States.

Mick how much of a major breakthrough was that?

Wilkinson: It is a major breakthrough in the sense that it publicizes the issue and with some one like [US Secretary of State] Hilary Clinton behind it, it obviously has some sway with the Obama government. What is more important than words, is action. I would actually like to see some action happen materially in terms of providing funding for support agencies.

Ridley: Well, Oxana had identified the borders as being one of the key areas, I mean is that one of the main problems in your view?

Wilkinson: Yes, it is a primary problem because most of the agencies that have been given responsibility to identify traffic victims are actually immigration forces and their primary objective appears to be, and certainly in the UK, with the UK Borders Agency, is to not allow illegal immigrants rather than protect and support victims.

The Guardian in February of this year (2010) wrote, the title: Border staff humiliate and trick asylum seekers -- Whistleblower. Louise Perrett who worked cases at the borders agency in Cardiff for three and a half months last summer claims staff kept a stuffed gorilla and grant monkey, which was placed as a badge of shame on the desk of any officer who approved an asylum application. She claims the tone was set on the first day when one manager said of an asylum seeking clients 'if it was up to me I would take them all outside and shoot them.'

Now, do we really think that UK Borders Agency is an appropriate body to be identifying the victims of trafficking?

Ridley: Which highlights again when you (Oxana) said you were lucky you were dealt with by a police man who was actually sympathetic. What would have happened if, God forbid, you had been confronted with somebody with such racist attitude?

Kalemi: I would have been packed off and deported. I do not think I would have gone back to my kids.

Ridley: You have now been re-united with you children?

Kalemi: No.

Ridley: Still?

Kalemi: I am still fighting my government to give me my kids back but no. Because they took my rights while I was trapped and trafficked. I have been in court twice and they still do not want to give me back my kids. My daughter disappeared three years ago from the orphanage and the government said she is adopted but there is no proof whatsoever, so I am still fighting, but I will get them.

Ridley: And this is documented in your book, 'Mummy Come Home.'

Again Ceri this is another dimension to the misery suffered by victims, even after they have been rescued.

Hayes: Yes, it is a double traumatization if you like. So, already they have suffered massive physical, mental and emotional torture, but then to have to be put through that again and the uncertainty of their immigration status, what is going to happen to them, their family, compounds the problem if you like.

Ridley: What about this compensation scheme? Because as you said before, this trafficking industry is worth billions. And presumably when these gangs are arrested, money is impounded and assets frozen. What happens to that?

Hayes: Well, exactly. That is a good question. We do not know, and we think that money should be channeled towards compensating the victims of trafficking. An EU (European Union) campaign has been launched precisely on that, to make sure that some of that money goes to the right place, but at the moment that is not the case.

Ridley: Mick, what initiatives are happening in Britain, if any, to crack down on this human trafficking?

Wilkinson: Well, it is difficult to say, I mean we have had a change of government obviously. We did have the UK Human Trafficking Center, which did actually do some positive work, though the parliamentary committee who were on the first committee said that it could do a lot more. It has now been subsumed together.

Ridley: How do they measure success?

Wilkinson: Well, the measurement of success was primarily…,by the way this doesn't exist as a separate body now, it has been subsumed back into the serious organized crime organization, there is a problem within that, because that means that everyone can identify in Sheffield that the UK Human Trafficking Center no longer exists specifically.

Again they were primarily for the first couple of years, and they had success in this, [and that's why] they publicized the issue.

Let me explain…we have a government that spends hundreds of thousands of pounds every year, putting posters across all the major cities, bus shelters, bus stations, everywhere you can imagine, on the sides of buses, about benefit fraud.

When I spoke to the UK Human Trafficking Center two years ago, after they had done their first major poster campaign against sex trafficking in the UK, they said the actual posters had been designed by the son of one of their officers with a computer in his bedroom because he had no designated fund to run such a campaign and to prepare it.

Ridley: A lot of people who were told about the 50,000 people who were trafficked last year, they were very surprised that it was on such a scale. But you seemed to think that they were conservative figures?

Wilkinson: Well, yes. The State Department figures between 600-800 thousand people trafficked across borders and millions trafficked within borders. I am not surprised that they thought it was excessive because I think, even 50,000 was mentioned because there is lack of public knowledge on this, and it is not in the interest of the traffic and also in the interest of the government who do not want to take any action against it.

Ridley: Why is it not in the interest of the government though? I mean what are they losing out on?

Wilkinson: Well, I think it has become unfortunately embroiled with the whole immigration debate and that is a major problem particularly in this country and well now, across western Europe for example and certainly in this country, we had a conservative party in the run up to the last election which whipped up hysteria about European migrant workers, when Cameron knew full well there was nothing he could do about East-European migrant workers. Because we have got trade agreements, agreement sin terms of free movements in labor within Europe.

Immediately after the election he then used that hysteria to cut down on third country migrants, i.e. people from outside Eastern Europe, to make it more difficult for them to come and legitimately work in this country. And if you make it more difficult for people to come and work in this country legitimately, they end up being trafficked. That is the problem.

We have been talking about people being trafficked for the sex trade, this needs to be looked at in the wider perspective. We know for instance that anywhere between 300,000-800,000 undocumented migrants workers are in the UK today. The Home Offices estimate is 480,000. We know these people have been exploited in the most appalling ways by gang masters, some of them are working in care one minute and the next minute working on the street as prostitutes. The vast majority of the people have been undocumented through no fault of their own. It is due to the duplicity of criminal gangs and gang masters who take the papers.

The logical solution to that problem is to offer an amnesty from undocumented migrant workers and to offer an amnesty for sex workers who have been trafficked into the countries because then these people can come forward and assist the police in prosecuting the real criminals here which are the traffickers and the illicit gang masters.

Ridley: that sounds like a good solution Ceri, why has no one suggested it?

Hayes: I think we need to pressure governments to do something about it. I want to add another aspect to this debate because I think the immigration is one issue but also another perspective is around the attitudes that tolerate violence against women and girls as another factor that is contributing to this. We are seeing the unchecked growth of the commercial sex industry, that is a major factor in all of this, attitudes which tolerate violence, the sexual objectification of women and girls is another factor and that needs to be addressed. We need national awareness campaign in the UK, but we also need a global awareness campaign about the issues of trafficking.

RBK/MMN

http://www.presstv.ir/detail.aspx?id=136582


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On the trail of human trafficking: week two - CNN.com

By Siddharth Kara
July 29, 2010 10:33 a.m. EDT



STORY HIGHLIGHTS
  • Siddharth Kara is in New Delhi, India documenting human trafficking.
  • Has already found several cases of child llabor
  • Kara will travel to urban and rural regions in several south Asian countries
RELATED TOPICS

Editors Note: Harvard human trafficking fellow Siddharth Kara is undertaking a research trip around South Asia, looking at issues of forced labor, trafficking and child bondage. He will be getting access to the heart of the problem, and telling CNN.com readers what he has discovered every week over the next ten weeks. This is his first submission.

New Delhi, India -- We spoke to Siddharth Kara from New Delhi about what he has found so far in India and if he was able to document any examples of human trafficking in the country.

Here's what he had to say.

Siddharth Kara: Well this is one in a series of trips I've taken around the world trying to research human trafficking and forced labor, and other forms of labor exploitation. This particular trip is focused on South Asia -- we traveled through several countries here, documenting more of the trafficking that's going on as well, in particular debt bondage and child labor throughout the region.

Becky Anderson: And you've sent us pictures which our viewers are looking at now, just tell us what we're seeing here.

Kara: Well I've sent you a handful of photos of individuals or families that have been trafficked from other parts of India. There's a handful of photos of child laborers -- and when I say child we literally mean child -- four or five years old, with hammers and carting gravel around.

And you've got, as well, pictures of the shanty towns and shacks and tents that are erected for these trafficked individuals to live in, day by day, as they work in this construction throughout the city.

Anderson: How do you know that these people have been trafficked and where are they coming from?

Kara: Well, the photos I've sent are cases that I've actually verified and documented, and that's easier said than done. Of course with child labor it's quite easy -- if you see something that's about two and a half feet tall, with two legs, you know that's child labor.

With trafficking for adults and labor, the line between migrant labor or just low wage labor, and, some form of trafficking of course they can be vary blurry. But in the course of having conversations and asking people where are you from, how did you get here, have you been paid, are you free to go, what are the terms of your situation, is there any sort of contracts, and when the answers to these types of questions throw up certain red flags, then you can start to reasonably identify that someone is a victim of trafficking, and is in some sort of forced labor situation.

Anderson: How do the stories that you are hearing there compare to those that you've heard, witnessed, documented in the past.

Kara: You know that's a really interesting question, and you know one thing that I've learned across ten years of research is that business is business, and that slavery is a business.

And wherever I go, there are certain things that are almost always the same. A certain deception or ruse is used to pray on the desperate or the poor, there's a virtual ease of re-allocating people from just a village to a town or all the way around the world.

And then they're put in a situation where they're not free to leave, they're forced to work often under threat of violence, or threats against family members. And they're almost never paid or if they are paid it's only a small amount. And these, sort of, key factors, are true across all the countries I've been to on six continents and across industries -- it's not just construction, but commercial sex, agriculture, mining, leatherwork's, fishing, what have you. Business is business and slavery is no different.

On the trail of human trafficking: week two - CNN.com


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Two Bulgarians charged to be extradited to Germany, charged with human trafficking - Foreign - The Sofia Echo

Thu, Jul 29 2010 14:54 CET


Two Bulgarians charged to be extradited to Germany, charged with human trafficking

Two Bulgarian nationals, a father aged 48 and his son (24) were the subject of an international police hunt because of human trafficking and prostitution.

German authorities have asked their Bulgarian counterparts to extradite two Bulgarian citizens over charges including human trafficking and pimping, the Bulgarian National Radio, BNR reported on July 29 2010.

The pair, along with the father's 24-year-old Czech girlfriend, allegedly confiscated the passports of three women, and then proceeded to abuse, exploit, drug and rape their victims, the report said. The crimes were perpetrated in the German city of Bremen.

The German police launched their investigation following a tip off from the Czech police when one of the victims, a 19-year-old girl, managed to send an sms to her relatives. The German police subsequently raided the flat in Bremen, which led to the discovery of the girl who sent the distress signal, plus another woman from the Czech Republic, and a Bulgarian woman, who said they had been lured to Germany with promises of work, only to find out they would be forced into prostitution.

According to the BNR, once the German police were on their heels, the two men fled Germany and returned to Bulgaria only to be arrested several days later by the Bulgarian police "who received high praise from their German colleagues for their rapid reaction", the BNR Said.

The two are currently under arrest, pending extradition to Germany.

Two Bulgarians charged to be extradited to Germany, charged with human trafficking - Foreign - The Sofia Echo
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Fed money eyed for shelters for sex-trafficking victims - Washington Times

By Michal Elseth - The Washington Times
7:25 p.m., Wednesday, July 28, 201

U.S. authorities have long considered human-trafficking to be a foreign problem, and as a result U.S.-focused efforts against such sexual exploitation have to battle a serious lack of safe shelter for victims.

But local governments in cities such as Portland, Ore., and Seattle have begun to coordinate their responses with nonprofit groups, and Uncle Sam may also get into the game.

"Too many think that sex trafficking is only a problem in foreign countries. But here in the U.S., an estimated 100,000 underage girls — most of them American citizens — are exploited through commercial sex each year," said Rep. Carolyn B. Maloney, New York Democrat and sponsor of a bill giving block grants to meet needs specific to victims of sex trafficking.

"Yet, nationwide there are only 50 beds to address the needs of those 100,000 victims. This is simply unacceptable. We have a moral obligation to help. These are America's daughters, granddaughters, sisters and nieces," she said.

The Senate is scheduled Thursday to consider its version of that bill, sponsored by Sen. Ron Wyden, Oregon Democrat. The House version, also sponsored by Rep. Christopher H. Smith, New Jersey Republican, is still in committee.

The sex-traffic bills would provide federal funds for shelters, education, and victims' services to Portland and five other locations across the country to be determined.

Shelter and appropriate counseling services are difficult to provide for victims of sex trafficking. If girls are detained on charges related to their work, they acquire a criminal record, but existing domestic-violence shelters, runaway shelters, and other emergency services are reluctant to house victims with such specialized needs.

"What are we supposed to do?" said detective Sgt. Ryan Long, who heads the Seattle Police Department's efforts to fight domestic child exploitation. "We need more options. We have to start somewhere."

A new three-year, $500,000 grant program in Multnomah County, Ore., hopes to provide both immediate help and long-term safe shelter for victims. County officials announced last week that they will be partnering with the local YWCA in a pilot project that will use existing housing to shelter sex-trafficking victims and offer counseling sessions, rather than build a separate facility.

"We have a really deep desire to do something that will work really well for these youth, something that will last beyond grants," said Josslyn Baker, who is heading the program.

The program's more immediate project is a drop-in center, operated by the Portland-area advocacy group Sexual Assault Resource Center, where child sex-traffic victims can stop by for counseling and other needs at a facility that does not require the same level of funding as a secure shelter.

© Copyright 2010 The Washington Times, LLC.

Fed money eyed for shelters for sex-trafficking victims - Washington Times


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Wednesday, July 28, 2010

Mark Horvath: Homeless Youth Labor and Sex Trafficking in Denver

FROM:

THE HUFFINGTON POST


July 28, 2010



Mark Horvath

Mark Horvath

Posted: July 27, 2010 01:07 PM

I received a call today from Chris, an outreach worker at Denver's homeless youth services Urban Peak. He said he had to pick up some kids left stranded by a "sales crew." I never heard of such a thing so it didn't register or make sense.

When I arrived at their downtown facility I met Jeremy and Alicia. They were left stranded by an group that exploits homeless youth for labor. These organizations promise great income and fun travel. To a kid in poverty, being able to travel and make money is often too sexy to resist. Of course, this is just a labor trafficking scheme. The kids make very little money, are often abused, and when they want out they are left stranded back homeless, often worse than when they started.

IMG_0644

Jeremy and Alicia, up until this morning, were sleeping in a bus station. Alicia is 21 and pregnant. This could have been a horrible situation, but luckily they found Urban Peak. They received a hotel voucher for tonight and will get travel assistance tomorrow so they can take a bus back home.

For more information on labor and sex trafficking of homeless youth, watch this powerful video:

Mark Horvath: Homeless Youth Labor and Sex Trafficking in Denver
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Police use DNA against human trafficking

BEIJING - SEPTEMBER 01:  A Chinese family pass...Image by Getty Images via @daylife

English.news.cn 2010-07-28 09:13:16

BEIJING, July 28 (Xinhuanet) -- Chinese police are speeding up the establishment of a national DNA database to help missing children find their parents as quickly as possible, the Ministry of Public Security (MPS) said on Tuesday.

"The DNA database has helped reunite 730 children with their families," Meng Qingtian, an official with the ministry's anti-trafficking office, told China Daily at an international forum on human trafficking hosted by the All China Women's Federation in Beijing on Tuesday.

The database has already collected 107,000 samples from lost children and 35,000 from the parents of missing children, she said.

The database is composed of blood samples taken by the police from missing children's parents, children suspected of having been abducted or with an unclear history, children in social welfare institutes, homeless children and child beggars, according to the ministry.

Information on the database is shared among the 236 DNA laboratories in the country.

"All homeless children must take blood tests before they can be adopted and this information will be included on the DNA database," Meng said. "Chinese children adopted by foreign families are also required to take the test."

It costs 100 yuan ($14.8) to take a blood sample, while the cost of DNA tests vary. In Beijing, each DNA test costs at least 2,400 yuan, she said.

Police authorities cover the expense, so the service is free for parents and children.

During a nine-month anti-trafficking campaign, which began in April 2009, police rescued a total of 14,717 women and children, according to the ministry's latest data.

They arrested 17,528 suspects, including 19 who had a level A (most wanted) warrant against them.

About 30,000 to 60,000 children are reported missing every year in China, but it is hard to estimate how many are cases of human trafficking, the ministry said.

"The increasing number of trafficking cases in China is due to a large buyer's market and poor awareness of victims," Zhang Jing, a senior official of the All China Women's Federation, said at the forum on Tuesday.

Boys are especially in demand, because many Chinese families in rural areas want to have a son to carry on the family name, partially because the country's land allotment system is biased towards males.

In cities, the "incomplete social security system" places children in the migrant population at higher risk of being kidnapped, Meng said.

Since it is hard for them to enter kindergartens or schools in cities, they are easy prey for traffickers while their parents are busy working to earn money, she added.

Police across the country will treat all cases of missing women and children as crimes, setting up a special investigative team for each incident, in the latest bid to curb human trafficking, the MPS announced earlier this month.

The move, which follows the nine-month campaign against human trafficking, aims to allocate more manpower and resources to cases involving missing women and children.

(Source: China Daily)

Editor: Bi Mingxin

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Police use DNA against human trafficking
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Human Trafficking in the Western Hemisphere | Scoop News

WASHINGTON - JUNE 16:  US Secretary of State, ...Image by Getty Images via @daylife

Combating Human Trafficking in the Western Hemisphere: The Need for Increased NGO Involvement

by COHA Research Associate Kelsey Carey

U.S. politicization of trafficking unfairly nabs Venezuela;
• Human trafficking is a serious issue;
• Haiti’s restaveks particularly exploited.


Human Trafficking is a global industry that transcends borders, regions, and cultures. Within the Western Hemisphere trafficking is an important issue that arguably helps to shape relations between Latin American and the United States. In June 2010, the State Department Report on Trafficking in Persons (TIP) included, for the first time, in its ten year existence, a ranking allocated to the United States as well as 177 other countries. The TIP report helps substantiate the claim that the United States and Latin American governments must strive to improve the lives of millions of innocent people who increasingly are victims of human trafficking. The restaveks, Haitian youth forced into domestic labor without compensation, exemplify the lack of protective measures against child trafficking who usually turn out to be the chief victims of trafficking.

The plight of these children, in Haiti and elsewhere throughout the region, reflect both the obvious and more subtle weaknesses in efforts to reduce human trafficking in Latin America. The trafficking of children is an immensely serious problem that regional governments paired with Non-Governmental Organizations (NGOs) must address. Moreover, the United States must actively engage with both the governments of other countries as well as foreign NGOs to facilitate this improvement.

Difficulties in Definition: The Palermo Protocol

Defining human trafficking is quite controversial. Although human trafficking is universally condemned by the international community, individual nations struggle to implement measures that meet the standards under the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons Especially Women and Children, more commonly known as the Palermo Protocol. It defines trafficking in persons as:

the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force to other forms of coercion of abduction, of fraud, of deception, of the abuse of power of a position of vulnerability or of the giving or receiving of payments or benefits to achieve consent of a person having control over another person for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs… The consent of a victim of trafficking in persons to the intended exploitation set forth [above] shall be irrelevant where any of the means set forth [above] have been used.

Though the above definition discusses the illegality of both sex trafficking and labor trafficking, two significant weaknesses remain. An article published by Human Rights Quarterly stipulates that the Palermo Protocol fails to acknowledge the trafficking of persons within borders, and instead may focus too heavily on the transfer of persons from one state to another. However, domestic trafficking exists in many Latin American countries, such as Haiti and Brazil. A second concern regarding the Protocol’s definition is its inclusion in U.N. Convention on Transnational Organized Crime. Its placement there seems fitting, as much of human trafficking comes as a consequence of the actions of organized crime groups; however, individual actors and small groups also are responsible for a significant portion of trafficking.

Human Trafficking Defined by the U.S.

Even though the U.N. instituted the Palermo Protocol, many Latin American countries use the United States’ definition of human trafficking. The Victims of Trafficking and Violence Protection Act of 2000 (TVPA) defines trafficking as:

sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or…the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

The U.S. government allots foreign aid in part based on the grade a country receives in the Trafficking in Person’s Report, thus explaining many regional governments’ attempts to adhere to the U.S. definition rather than the one given by the United Nations.

The TIP Report

The U.S. State Department releases the TIP Report annually. It discusses each country elaborating on improvements or regression and gives countries a grade: Tier 1, Tier 2, Tier 2-Watch or Tier 3. Tier 1 countries are those deemed to comply fully with the minimum requirements provided by the Victims of Trafficking and Violence Protection Act (TPVA). Tier 2 consists of nations that do not fully comply with the TPVA, but are making substantial attempts to do so, while Tier 2-Watch nations make these efforts as well, but still have a significant increase in absolute number of trafficking victims. Tier 3 countries, such as the Dominican Republic, do not fulfill the minimum standards nor are they making attempts to do so. Some critics of the TIP report argue that some countries in the region attempt to meet TIP requirements out of fear of receiving a low rank in the compilation’s annual report and therefore do not implement measures specific to the nature and dimensions of the tempo of trafficking that is occurring within a given country.

Others speculate that the status of diplomatic relations between the U.S. and Latin America serves as the driving force behind the grade each country receives. Opponents of the U.S., like Venezuela unquestionably perceive a lower grade, than a country like Colombia which is rewarded for supporting U.S. interests in the region. For example, the United States ranks Cuba (a country with which the U.S. lacks basic diplomatic relations) as a Tier 3 country while Colombia receives the rank of Tier 1. Moreover, in 2005, Latin America had a higher percentage of Tier 3 countries than any other region in the world.

Even though it is difficult to produce a completely unbiased account of government efforts against trafficking without being swayed by foreign policy objectives, the TIP could at least try to find a balance between ethical concern and broader U.S. geopolitical goals and interests. This equilibrium is particularly important with regards to Latin American countries because the concept of migration and human trafficking are closely related to one another. Illegal immigrants who travel up through Mexico and Central America lack legal protection and are therefore more vulnerable to becoming victims of human trafficking. Moreover, strict immigration policies, such as those in the United States, provide only limited opportunities for legal migration that would go to protect immigrants. Restrictive human trafficking measures implemented by other countries in the region are likely to reduce the amount of trafficking in the United States.

The TIP Report as a Tool

In an interview with COHA, Mark Lagon, Former Ambassador to Combat Trafficking in Persons and current Senior Advisor of Corporate Responsibility for Lexus Nexus, uses the case of Venezuela to refute some criticism of the TIP report: “I advocated for raising Venezuela to a better ranking. The integrity of the report requires acknowledging improvement because all in all, there is no reason to give countries anything but an objective assessment.” In this capacity, Lagon contributed to global anti-trafficking policy and directed the compilation of the TIP report. Venezuela, a nation with which the United States has strained ties, had a Tier 3 rank in 2007, but in 2008, it was moved down a level to Tier 2-Watch class. Lagon views the TIP report as a constructive tool for improving relations between the U.S. and Latin America.

He describes the improvement in US-Mexico relations with regards to human trafficking as a “quiet success,” which in part is due to the State Department’s decision to assign the U.S. a grade for the first time. Furthermore, Lagon contends, “Mexico continually hated any report where it was given a grade, but by including the U.S. in the TIP report we admitted, weaknesses in a way that we had not done before. Consequently, this dialogue has led to a more constructive relationship, fostering cooperation in regards to preventing human trafficking.”

He went on to clarify that “the heart of human trafficking lies in exploitation; it’s not always about migration. Forty percent of trafficking victims in the U.S. come from Latin America. It is every bit as much for labor as for sexual exploitation.” A Congressional Research Report highlights the case of Mexico because it accounted for twenty-three percent of recognized human trafficking victims in the U.S. in 2008 alone. Thus, increased collaboration between the U.S. and Mexico regarding immigration and trafficking legislation will only yield positive outcomes. By examining the case of Mexico it is evident that a deepening of relations between the U.S. and Latin American countries could be facilitated by engaging in dialogue regarding human rights, especially trafficking.

The Nature of Child Trafficking

Countries that do not provide programs to combat child trafficking often receive more condemnation and higher rankings in the TIP report. One of the most unsettling aspects of human trafficking is the exploitation of children used for sex tourism. A significant discrepancy exists in the legal age of consent for females in Latin American countries. Averages range from fourteen to eighteen years, the legal age as provided by the Palermo Protocol. These disparities make victim identification more difficult. A 2008 article published in Human Rights Quarterly reports that “other forms of trafficking include using children as panhandlers, news agents, garbage recyclers (i.e. those who sort through the public dumps for recyclable materials), domestic help, mining, agriculture, illegal adoption and child soldiers.” These types of forced labor jobs frequently occur within the borders of one country, as with the restaveks in Haiti and child soldiers in Colombia.

A Focus on the Restaveks

The term restavek comes from a French word meaning “to stay” and refers to Haitian children who are forced into domestic labor without pay or guarantee of decent living conditions. According to the TIP report, there are 230,000 restaveks in Haiti who epitomize the concept that trafficking is not based solely on sexual exploitation. The United Nations Human Rights Council estimates that there are between 150,000 and 500,000 restaveks. Either figure still leads to the same conclusion: this form of exploitation should be of real concern to the island nation. Haitian society has historically been characterized by class stratification whereby authoritarian and hierarchal factors largely influence standards of living. In the most impoverished country in the hemisphere, adults regularly view children as economic commodities, which make them highly vulnerable to the perils of trafficking. Death of parents, runaways, and local sources of demand for child labor in urban centers and free trade zones are all factors that leave Haitian children open to exploitation.

Haiti has a long history of economic destitution. Seventy percent of the Port-au-Prince population was living in abject poverty even before the January 12th earthquake. Mark Lagon explains that this distress perpetuates human trafficking in that “the rule of law is lacking in Haiti and economic desperation only exacerbates the already dire status quo. Poverty is the driving force here. It leaves people vulnerable and it’s likely to take decades if efforts are limited to fighting trafficking.” Consequently, parents, if possible, will send their own children to stay with other families in urban areas based on the reasoning that these new caretakers will provide a better life than they themselves could. Unfortunately, this is not the case, as most end up subjected to little better than indentured servitude and then may have to work for their “owners” from birth to adulthood. Often these children must work from the early hours in the morning until the last household adult goes to bed. When discussing trafficking in Haiti specifically, Mark Lagon commented, “Restaveks suffer the most acute form of domestic servitude. In Haiti there’s a permanent underclass locked in homes, paid little or nothing.”

In order to improve the lives of Haitian restaveks as well as those of trafficking victims in general, a moral imperative must be present as well as the maintenance of a political system where everyone has equal access to justice, not just the wealthy elites. Additionally, trafficking usually occurs as a consequence of corruption that pervades all levels of society, from law enforcement to the judiciary. The United States has the capacity to assist other countries in the region to make laws become reality by helping train enforcement agencies, pressuring governments, to conduct themselves with rectitude and cooperating with NGOs that have proven themselves worthy of respect.

UN Perspective on the Restaveks

Gulnara Shahinian, Special Rapporteur on Contemporary Forms of Slavery, also articulated the manipulative nature of the restavek system in a BBC article in June 2009. She contends that it is equivalent to slavery through the ways in which it “deprives children of their family environment and violates their most basic rights such as rights to education, health, and food as well as subjecting them to multiple forms of abuse including economic exploitation, sexual violence, and corporal punishment, violating their fundamental right to protection from all forms of violence.” This ‘modern form of slavery’ has proven difficult to suppress for a number of reasons. First, a law exists in Haiti stating that employers must pay people for their services, starting at the age of fifteen. This almost guarantees restaveks being thrown on to the streets at that age, adding to the chronic cycle of poverty in the country. Although Haiti is a signatory to the UN Convention on the Rights of the Child, it has no laws to protect restavek children and the likelihood of any law’s effectiveness today would be limited. The January 12th earthquake has only made the situation worse, as both the Haitian National Police and NGOs have reported an increase in alleged cases of forced labor and forced prostitution of children and adults since the disaster. Haiti’s inability to protect the most vulnerable societal demographic —children—reflects a problem rampant throughout the region and the world.

The Importance of NGOs

Increased cooperation between the U.S. and Latin American countries regarding laws as well as punitive measures will be crucial to countering the efforts of traffickers in the region, but the legal canvas is not necessarily the only area of concern. Lagon pointed to the problem of corruption among law enforcement officials who “tend to blame victims instead of help them.” In order to assist victims not only in Haiti but also those to be found within the region, it is crucial that Washington step up its assistance to NGOs. For example, the Polaris Project is an NGO that focuses on victim identification and then provides social services and transitional housing as called for by advocates of stronger federal anti-trafficking legislation. Another NGO, International Justice Mission (IJM), works in many locations, such as Guatemala, Peru, and Honduras, to rescue victims of human trafficking, particularly children, and bring justice to their perpetrators. Lagon explains that “We need to move the needle by extending the capacities of NGOs. They are often seen as an irritant, but are an essential part of civil society. By assisting NGOs financially, we can help build the capacity to decrease human trafficking.” It is not merely a coincidence that Colombia which has a flawed human rights reputation, nevertheless received a Tier 1 ranking and is the largest recipient of U.S. aid in the region as well as being among Washington’s primary military allies in the Caribbean.

Working Towards a Brighter Future

Human trafficking is a wealth-generating industry in which the risk to reward ratio eventually perpetuates the problem. A person can be exploited repeatedly, whereas drugs bear a one-time use restriction. This makes trafficking a lucrative matter for those involved. Tensions over definition and desensitization on the trafficking issue have only weakened efforts to prevent it. Consequently, the United States and governments in the region need to work together and thrust human trafficking into more of a spotlight. This must be done not merely once a year when the State Department releases the TIP report. Progress in the fight against human trafficking in the region will not come to fruition until the United States is willing to not only assist the governments of the Latin American countries, but also help NGO’s identify as well as liberate victims. Washington must also resist any temptation to politicize the matter, as has been seen in the evaluation of Venezuela.

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This analysis was prepared by COHA Research Associate Kelsey Carey
Posted 27 Jul 2010

Human Trafficking in the Western Hemisphere | Scoop News
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