TRIUMVIRATE

DOCUMENT OF PRESENTATION

HUMAN TRAFFICKING IN NORTH AMERICA

BY CLINE ROCHE-CRESPO AND LOUIS-PHILIPPE JANNARD

NORTH AMERICAN FORUM ON INTEGRATION (NAFI) WWW.FINA-NAFI.ORG | INFO@FINA-NAFI.ORG

FEBRUARY 2009

Human Trafficking in North America1

Introduction
Human trafficking, also known as trafficking in persons or trafficking in human beings, is an issue of growing importance. The U.S. Department of States estimates that 600 000 to 800 000 are trafficked across international borders each year2. Taking into account the domestic dimension of this phenomenon, the International Labor Organization estimates that there are 12.3 million people in forced labor, bonded labor, and sexual servitude at any given time3. According to the same organization, this crime would generates US$ 31 654 000 000 on a yearly basis4 and thus would be the third crime in importance after arms and drugs trafficking5. Human trafficking is related to various questions such as organized crime, prostitution, immigration and human rights, making it a complex issue. There is a broad consensus among scholars on the necessity of holistic, interdisciplinary and long-term approaches to end this trade in human beings6. In this sense, the international community enacted the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol)7. The trafficking protocol adopts a three-pronged
The following text has been influenced by the U.S. Department of States Trafficking in Persons reports of 2006 and 2008, the Trafficking in Persons in North America report by Amy Penfold as well as the Free the Slaves Report Hidden Slaves: Forced labor in the United States (September 2004). Some parts have been entirely taken from these three documents. 2 U.S., Department of State, Trafficking in Persons Report, Washington D.C., Department of State, 2006, p.6. 3 Id. 4 United Nations Office on Drugs and Crime, Human Trafficking: an Overview, Vienna, United Nations Office on Drugs and Crime, 2008, online: www.ungift.org/docs/ungift/pdf/knowledge/ebook.pdf, p.7. 5 Kara Ryf, The First Modern Anti-Slavery Law: The Trafficking Victims Protection Act of 2000 (2002) 34 Case W. Res. J. Intl L. 45, p.48. 6 Joan Fitzpatrick, Trafficking as a human rights violation: the complex intersection of legal frameworks for conceptualizing and combating trafficking, (2003) 24 Mich. J. of Intl L.1143, p.1146; Anne Gallagher, Human Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis, (2001) 23 Hum. Rts. Q. 975, p.1004; Harvard Law Review Association, Developments in the Law, Jobs and Borders, (2005) 118 Harv. L. Rev. 2171, p.2202; Kristof van Impe, People for Sale: The Need for a Multidisciplinary Approach towards Human Trafficking, (2000) 38 International Migration 113, p.113; European Commission, Report of the Experts Group on Trafficking in Human Beings (December 22nd, 2004), online: European Union ec.europa.eu/justice_home/doc_centre/crime/ trafficking/doc/report_expert_group_1204_en.pdf (last consultation on July 17th, 2008), p.123; United Nations Office on Drugs and Crime, Human Trafficking: an Overview, Vienna, United Nations Office on Drugs and Crime, 2008, p.40. 7 Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, December 15th, 2000, (entered into force: December 25th, 2003). The Protocol and Convention are available online at www.unodc.org/documents/treaties/UNTOC/Publications/TOCConvention/TOCebook-e.pdf.
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3 strategy: prosecution of traffickers, prevention of trafficking and protection of trafficked persons. North American leaders are also engaged in the fight against human trafficking. The United States, Canada and Mexico all adopted measures to address this plague. At the regional level, while these three governments are working together to address trafficking, there have been no regional treaties or conventions specifically on trafficking. Demonstrating regional cooperation, the three countries convened in December of 2001 to participate in a North American Regional Consultation on the Commercial Sexual Exploitation of Children, with representatives from NGOs, lawenforcement, and government agencies 8 . The U.S. government has focused on increasing cooperation with its neighbors, providing training, and improving border patrols. However, the political and economic differences when working with Canada and Mexico impact the degree to which these efforts have been successful9. Part 1 reviews the aspects that make the trafficking of persons such a complex issue with which to deal, namely its definition, its many faces, causes and consequences. Part 2 then describes how the governments of Canada, Mexico and the United States fight human trafficking. Finally, Part 3 concludes with a few suggestions of measures that could improve the North American strategies to combat trafficking in persons.

PART I: THE COMPLEXITY OF HUMAN TRAFFICKING

The many definitions of human trafficking:
The first international agreement to define human trafficking was the U.N. 1949 Convention for the Suppression of Trafficking in Persons and the Exploitation of Others. An amalgamation of late ninetieth- and early twentieth-century treaties drafted to address the phenomenon of white slavery, the convention defined trafficking solely in terms of prostitution, which limited its ability to combat other forms of human trafficking not linked to sexual exploitation. The 1979 International Convention on the Elimination of Discrimination Against Women went on to call on states to suppress all forms of traffic in women and exploitation of prostitution of women.

University of Pennsylvania, Office of University Communications, U.S., Canadian And Mexican Representatives Meet To Combat Sexual Exploitation Of Children (November 28, 2001), online: University of Pennsylvania www.upenn.edu/pennnews/article.php?id=436 (last consultation on January 27th, 2009). 9 Amy Penfold, Trafficking in Persons in North America (2004), online: Global Alliance Against Traffic in Women gaatw.net/working_papers/N%20America/United%20States%20Report.pdf (last consultation: January 26th, 2009), p.1.

4 But it was not until 2000, when the international community adopted the Convention Against Transnational Organized Crime and the accompanying Trafficking Protocol, that international law would really begin targeting modern forms of human trafficking10. Before its enactment, there was much confusion surrounding the definition of human trafficking11. Is it related to human smuggling? Is it limited to sexual exploitation? Does any form of prostitution constitute human trafficking? Is consent to exploitation possible? Given all these interrogations and the absence of an agreed definition of trafficking, the discussions around the definition of human trafficking to be included in the protocol proved to be the most controversial aspect of the negotiations12. The Trafficking Protocol, which Canada, the United States and Mexico have ratified, defines human trafficking as:
[] the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the 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 labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered trafficking in persons even if this does not involve any of the means set forth in subparagraph (a) of this article; (d) Child shall mean any person under eighteen years of age.13

This definition of human trafficking enshrines three key concepts: (1) an act, the movement of individuals (2) conducted by means of deception or threats (3) for the purpose of exploitation. These three elements are found in each legal definition of
Free the Slaves and Human Rights Center (University of California, Berkeley), Hidden Slaves: Forced labor in the United States, September 2004, on line: Human Rights Center www.hrcberkeley.org/download/hiddenslaves_report.pdf (last consultation: January 26th, 2009), p.20. 11 Frank Laczko et Marco A. Gramegna, Developing Better Indicators of Human Trafficking (2003) 10 Brown Journal of World Affairs 179. 12 Anne Gallagher, Human Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis, (2001) 23 Human Rights Quarterly 975, p.984. 13 Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, December 15th, 2000, on line: UNODC www.unodc.org/documents/treaties/UNTOC/Publications/TOC Convention/TOCebooke.pdf (entered into force: December 25th, 2003), art. 3. [Trafficking Protocol].
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5 human trafficking in North America, with the exception of the one included in the Canadian Immigration and Refugee Protection Act14. In the United States, the Trafficking Victims Protection Act of 2000 (TVPA) defines severe form of trafficking in persons as:
(a) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or (b) 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.15

Furthermore, the TVPA defines sex trafficking as the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act16. It also defines the terms coercion, commercial sex act, debt bondage and involuntary servitude 17. Canadian law contains two definitions of human trafficking. First, the Immigration and Refugee Protection Act (IRPA) defines the offence of trafficking in persons as follows: No person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion.18 The term organize means, with respect to persons, their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons19. Note that this definition only applies to the forced movement of people, and not their exploitation. The second definition is found in the Criminal Code, which has been modified in 2005 to create an offence of trafficking in persons20.
Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty

of trafficking in persons21. For the purpose of article 279.01, a person exploits another person if they:
14 15

Immigration and Refugee Protection Act, 2001, c.27. Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464, 103 (8). 16 Id., 103 (9). 17 Id., 103 (2)-(5). 18 Immigration and Refugee Protection Act, 2001, c.27, art. 118 (1). 19 Id., art. 118(2). 20 An Act to amend the Criminal Code (trafficking in persons), 2005, c. 43, summary. 21 Criminal Code, R.S., 1985, c. C-46, art. 279.01.

(a) cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service; or (b) cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.22

Since November 27th, 2007 Mexican law includes a definition of trafficking in human beings. An entity is guilty of human trafficking if they:
promote, request, offer, facilitate, obtain, transfer, hand in or receive, for himself or for a third person, a person, by means of physical of moral violence, deception or abuse of power, in order to subject her to sexual exploitation, forced labor or services, slavery of practices similar to slavery, servitude, or the removal of organs, tissue or its components. When this offence is committed against persons younger than eighteen years old, [] the evidence of the use of the means is not required.23

If these definitions contain the same three key elements (an act induced by specific means for the purpose of exploitation), they remain different in several ways. Firstly, the means and purposes included in the American and Mexican definitions may seem similar, but the American law is far more precise as it defines coercion, involuntary servitude and a commercial sex act24. Secondly, the Canadian definition links specific means to specific purposes. For example, the use of deception, force or coercion only applies when the purpose is the removal of organ or tissue. Thirdly, the American definition does not include, in its purposes, the removal of organs. Fourthly, the
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Id., art. 279.04. Ley para prevenir y sancionar la trata de personas, (2007) Diario oficial de la Federacin (Martes 27 de noviembre de 2007), art. 5. Translation of promueva, solicite, ofrezca, facilite, consiga, traslade, entregue o reciba, para s o para un tercero, a una persona, por medio de la violencia fsica o moral, engao o el abuso de poder para someterla a explotacin sexual, trabajos o servicios forzados, esclavitud o prcticas anlogas a la esclavitud, servidumbre, o a la extirpacin de un rgano, tejido o sus componentes.

Cuando este delito sea cometido en contra de personas menores de dieciocho aos de edad, o en contra de quien no tenga capacidad para comprender el significado del hecho o capacidad para resistirlo no se requerir acreditacin de los medios comisivos. 24 The term coercion means (A) threats of serious harm to or physical restraint against any person; (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (C) the abuse or threatened abuse of the legal process (TVPA, 103 (2)). The term debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined (TVPA, 103 (4)). The term commercial sex act means any sex act on account of which anything of value is given to or received by any person (TVPA, 103 (3)).

7 Canadian definition requires the use of specifics means even if the victim is minor of age whereas the Mexican and American (in the case of sex trafficking) definitions do not. Furthermore, only the TVPA clearly distinguishes sex trafficking from trafficking for forced labor or services. The definition of sex trafficking (which does not include the use of specific means) is similar to the definition of prostitution, as if the latter was intrinsically a form of exploitation25. But, paradoxically, to qualify as a severe form of trafficking (and for a victim to be entitled protection), sex trafficking has to be induced by force, fraud or coercion. In addition, human trafficking is frequently confused with migrant smuggling. Even if sometimes closely related (due to the specific vulnerability of irregular migrants to exploitation), trafficking in persons is distinct from migrant smuggling in four ways: Consent: The smuggling of migrants, while often undertaken in dangerous or degrading conditions, involves migrants who have consented to the smuggling. Trafficking victims, on the other hand, have either never consented or, if they initially consented, that consent has been rendered meaningless by the coercive, deceptive or abusive actions of the traffickers. Exploitation: Smuggling ends with the migrants arrival at their destination, whereas trafficking involves the ongoing exploitation of the victim in some manner to generate illicit profits for the traffickers. From a practical standpoint, victims of trafficking also tend to be affected more severely and to be in greater need of protection from victimisation and other forms of further abuse than are smuggled migrants. Trans-nationality: Smuggling is always transnational, whereas trafficking may not be. Trafficking can occur regardless of whether victims are taken to another State or only moved from one place to another within the same State.26 Illegality: In the context of migrant smuggling, the crossing of an international border always occurs illegally whereas the entry of a trafficked person in the destination country can be legal27.

This question (does prostitution equals to exploitation?) has been the subject of many debates, especially during the negotiations of the trafficking protocol. It will not be addressed here. For further information, see Kara Abramson, Beyond Consent, Toward Safeguarding Human Rights: Implementing the United Nations Trafficking Protocol, (2003) 44 Harv. Intl L. J. 473; Beverly Balos, The Wrong Way to Equality: Privileging Consent in the Trafficking of Women for Sexual Exploitation, (2004) 27 Harv. Womens L. J. 137; Janie Chuang, Redirecting the Debate over Trafficking in Women: Definitions, Paradigms, and Contexts, (1998) 11 Harv. Hum. Rts J. 65, pp.83-96; Melissa Ditmore et Marjan Wijers, The negotiations on the UN Protocol on Trafficking in Persons, (2003) Nemesis 79. 26 United Nations Office on Drugs and Crime, Trafficking in Persons (2006), online: UNODC www.unodc.org/pdf/HumanTrafficking_leaflet.pdf (visited on January 26th, 2009). 27 Tom Obokata, Smuggling of Human Beings from a Human Rights Perspective: Obligations of NonState and State Actors under International Human Rights Law, (2005) 17 Intl J. Refugee L. 394, p.396397; Joan Fitzpatrick, Trafficking as a human rights violation: the complex intersection of legal frameworks for conceptualizing and combating trafficking, (2003) 24 Mich. J. of Intl L. 1143, pp.11491150.

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In conclusion, a clear understanding of how trafficking in persons is defined and the adoption of a common North American definition would be the first steps for deeper cooperation between Canada, the United States and Mexico.

The many faces of human trafficking in North America:

Trafficking in persons is a complex phenomenon occurring in many areas of the economy, either formal or informal, such as prostitution, domestic services, agricultural work, factories, restaurant and hotel work. The U.S. Department of States Trafficking in Persons Report offers a brief but complete portrait of the many faces of trafficking in human beings in each of the three North American countries. These descriptions are completed with additional resources.

United States of America: The United States (U.S.) is a destination country for thousands of men, women, and children trafficked largely from East Asia, Mexico, and Central America for the purposes of sexual and labor exploitation. A majority of foreign victims identified during the year were victims of trafficking for forced labor. Some men and women, responding to fraudulent offers of employment in the United States, migrate willinglylegally and illegallybut are subsequently subjected to conditions of involuntary servitude or debt bondage at work sites or in the commercial sex trade. An unknown number of American citizens and legal residents are trafficked within the country primarily for sexual servitude and, to a lesser extent, forced labor.28 The United States has primarily served as a destination country for trafficked persons, with current estimates of 14,500-17,500 people trafficked into the country annually. Previous estimates ranged upwards to 50,000 beginning in 1998; however, approaches to data collection and methodology have shifted to more accurately reflect the situation29. Furthermore World Vision estimates that US citizens account for about 25% of child sex tourist worldwide30. In its Assessment of U.S. Activities to Combat Trafficking in Persons (2004) report, the U.S. Department of Justice estimated that 80% of trafficked persons were female, with the majority of trafficked persons to the United States coming from East Asia and the Pacific (5,000-7,000), followed by Latin America and Europe (3,500 5,500 each).

28

U.S., Department of State, Trafficking in Persons Report (June 2008), on line: Department of State www.state.gov/g/tip/rls/tiprpt/2008 (last consultation: January 26th, 2009), p.51. 29 U.S., Department of Justice, Assessment of U.S. Activities to Combat Trafficking in Persons, Washington D.C., U.S. Department of Justice, 2004, p.5. 30 World Vision, Child Sex tourism Prevention Project, online: World Vision www.worldvision.org/get_involved.nsf/child/globalissues_stp (last consultation on January 27th, 2009).

9 Forced labor is prevalent in five sectors of the U.S. economy: prostitution and sex services (46%), domestic service (27%), agriculture (10%), sweatshop/factory (5%), and restaurant and hotel work (4%). Forced labor persists in these sectors because of low wages, lack of regulation and monitoring of working conditions, and a high demand for cheap labor. 31 According to the data found in Hidden Slaves: Forced labor in the United States, sex traffickers usually recruit victims of their own nationality or ethnic background. Sex trafficking appears to be closely linked to migrant smuggling enterprises run by Asian, Mexican, and Eastern European organized crime networks, among others. Some of these operations feed victims into situations of forced labor32. According to the United Nations Office on Drugs and Crime (UNODC) report Trafficking in Persons: Global Patterns of April 2006, the United States is ranked low as an origin country, very high as a destination country, and does not appear in the study as a transit country33. Another aspect of human trafficking is adoption. According to a CRS Report for Congress, Trafficking in Persons: The US and International Response (July 7, 2006) the United States is a major destination for kidnapped and trafficked children for adoption by childless couples unwilling to wait for a child through legitimate adoption procedures and agencies. The largest source country is Mexico34.

Canada: Canada is a source, transit, and destination country for men, women, and children trafficked for the purposes of commercial sexual exploitation and forced labor. Women and children are trafficked primarily from Asia and Eastern Europe for sexual exploitation, but victims from Africa, Latin America, and the Caribbean also have been identified in Canada. Many trafficking victims are from Thailand, Cambodia, Malaysia, Vietnam, and South Korea, in addition to Russia and Ukraine. Asian victims tend to be trafficked more frequently to Vancouver and Western Canada, while Eastern European and Latin American victims are trafficked more often to Toronto and Eastern Canada. A significant number of victims, particularly South Korean females, are trafficked through Canada to the United States. Canada is a source country for sex tourism, and NGOs
Free the Slaves and Human Rights Center (University of California, Berkeley), Hidden Slaves: Forced labor in the United States (September 2004), online: Human Rights Center www.hrcberkeley.org/download/hiddenslaves_report.pdf (last consultation: January 26th, 2009), p.1. 32 Id., p.15. 33 United Nations Office on Drugs and Crime, Trafficking in Persons: Global Patterns (April 2006), online: UNODC www.unodc.org/documents/human-trafficking/HT-globalpatterns-en.pdf (last consultation on January 27th, 2009). 34 Francis T. Miko, Trafficking in Persons: the U.S. and International Response (26 mars 2004), online: U.S. Department of State digital.library.unt.edu/govdocs/crs/permalink/meta-crs-10488:1 (last consultation on January 27th, 2009).
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10 report that Canada is also a destination country, particularly for sex tourists from the United States. Canadian girls and women, many of whom are aboriginal, are trafficked internally for commercial sexual exploitation. NGOs report that Canada is a destination for foreign victims trafficked for labor exploitation; many of these victims enter Canada legally but then are unlawfully exploited in agriculture and domestic servitude.35 According to the United Nations Office on Drugs and Crime (UNODC) Trafficking in persons: Global Patterns of April 2006, Canada is ranked low as an origin country, medium as transit country, and high as a destination country of trafficking victims36.

Mexico: Mexico is a large source, transit, and destination country for persons trafficked for the purposes of commercial sexual exploitation and forced labor. A significant number of Mexican women, girls, and boys are trafficked within the country for sexual exploitation, often lured from poor rural regions to urban, border, and tourist areas through false offers of employment; upon arrival, many are [] forced into prostitution. According to the Mexican government, up to 20,000 children are victimized in commercial sexual exploitation in Mexico every year, especially in tourist and border areas. Sex tourism, including child sex tourism, is a growing trend, especially in tourist areas such as Acapulco and Cancun, and northern border cities like Tijuana and Ciudad Juarez. Foreign child sex tourists arrive most often from the United States, Canada, and Western Europe. The vast majority of foreign victims trafficked into the country for sexual exploitation come from Central America, particularly Guatemala, Honduras, and El Salvador; many transit Mexico en route to the United States and, to a lesser extent, Canada and Western Europe. Some Central American minors, traveling alone through Mexico to meet family members in the United States, fall victim to traffickers, particularly near the Guatemalan border. Victims from South America, the Caribbean, Eastern Europe, and Asia also are trafficked into Mexico for sexual or labor exploitation []. Organized criminal networks traffic women and girls from Mexico into the United States for commercial sexual exploitation. Mexican men and boys are trafficked from southern to northern Mexico for forced labor. Central Americans, especially Guatemalans, have been subjected to agricultural servitude and labor exploitation in southern Mexico. Mexican men, women, and boys are trafficked into the United States for forced labor, particularly in agriculture.37 According to a study by Richard Estes more than 16,000 children in Mexico are engaged in prostitution in just seven Mexican cities. Many of these children are victims of
U.S., Department of State, Trafficking in Persons Report (June 2008), on line: Department of State www.state.gov/g/tip/rls/tiprpt/2008 (last consultation: January 26th, 2009), p.86. 36 United Nations Office on Drugs and Crime, Trafficking in Persons: Global Patterns (April 2006), online: UNODC www.unodc.org/documents/human-trafficking/HT-globalpatterns-en.pdf (last consultation on January 27th, 2009). 37 Id., p.180.
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11 national and intra-regional trafficking from poorer countries located in Central and South America, including Costa Rica, Honduras and Guatemala. In many cases the intended destination of these children is the U.S., but, owing to the more relaxed law enforcement practices toward sexual predators in Mexico, many traffickers find they can make substantial profit by exploiting the children through pornography or prostitution in Mexico City or in Mexican resort communities frequented by Mexicans and foreigners. Trafficking fees within the region can be as little as a few hundred dollars for children trafficked from Chiapas or Tapachula to Mexico City or Tijuana for eventual smuggling into the U.S. The fees can skyrocket to tens of thousands of dollars for the children trafficked into North America from Central or Eastern Europe or from Asia.38 According to the United Nations Office on Drugs and Crime (UNODC) Trafficking in persons: Global Patterns of April 2006, Mexico is ranked as high as an origin country, medium as a transit country and medium as a destination country. However, internal trafficking of Mexican women and children to tourist areas for sexual exploitation is increasing39.

The many causes of human trafficking:

The causes of human trafficking are complex and often reinforcing. Among them, poverty and the negative impacts of economic globalization, which has been accelerating since the early 1990s, are the most frequently cited40. The effects of structural adjustment programs, free trade, and the collapse of the Soviet Union all contributed to deepen the gap between rich and poor communities, and negatively
University of Pennsylvania, Office of University Communications, U.S., Canadian And Mexican Representatives Meet To Combat Sexual Exploitation Of Children (November 28, 2001), on line: University of Pennsylvania www.upenn.edu/pennnews/article.php?id=436 (last consultation on January 27th, 2009). 39 United Nations Office on Drugs and Crime, Trafficking in Persons: Global Patterns (April 2006), online: UNODC www.unodc.org/documents/human-trafficking/HT-globalpatterns-en.pdf (last consultation on January 27th, 2009). 40 Michle A. Clark, Vulnerability, prevention and human trafficking: the need for a new paradigm, in United Nations Office on Drugs and Crime (ed.), An Introduction to Human Trafficking: Vulnerability, Impact and Action, Vienna, United Nations Office on Drugs and Crime, 2008, p.62, available at www.ungift.org/docs/ungift/pdf/knowledge/background_paper.pdf; European Commission, Report of the Experts Group on Trafficking in Human Beings (December 22nd, 2004), online: European Union ec.europa.eu/justice_home/doc_centre/crime/trafficking/doc/report_expert_group_1204_en.pdf (last consultation on July 17th, 2008); Janie Chuang, Beyond a Snapshot: Preventing Human Trafficking in the Global Economy, (2006) 13 Ind. J. of Global Legal Stud. 137, p.141; Canada and U.S., Canada-tatsUnis. valuation binationale de la traite des personnes (2006), online : Public Safety Canada www.pssp.gc.ca/prg/le/_fl/1666i-fr.pdf (last consultation on January 27th, 2009); David Shirk and Alexandra Webber, Slavery Without Borders: Human Trafficking in the U.S.-Mexican Context, (2004) 12 Hemisphere Focus 1; Joy M. Zarembka, Americas Dirty Work: Migrant Maids and Modern-Day Slavery in Barbara Ehrenreich and Arlie Russel Hochschild (ed.), Global Woman: Nannies, Maids and Sex Workers in the New Economy, New York, Metropolitan Books, 2003, p.144.
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12 impacted the populations already living in precarious situations, encouraging them to migrate in order to meliorate their living conditions. Some of these migrants would then be deceived in different ways, for example by false employment offers, and would become trafficking victims along the way41. According to Shirk and Webber, [t]hese socioeconomic inequalities contribute significantly to human trafficking and are particularly salient in the U.S.-Mexican context. With over 40 percent of its population in poverty, Mexicos economic underdevelopment creates conditions that make poor people, especially women and children, susceptible to traffickers42. Poverty is also an important factor in the case of internal trafficking. For example, in Canada, the aboriginal people, particularly affected by a difficult socioeconomic situation, seem to be the most affected43. Poverty would be an important cause of internal trafficking in Mexico as well44. Restrictive immigration policies also play a key role in fueling trafficking. In the context of globalization, immigration has gained in importance as a security issue, especially since September 11th, 200145. States [] have identified new threats, such as terrorism, international criminality and unemployment, which coalesce in the image of the migrant.46 Thus, states are encouraged to close down the borders with stricter controls and to reduce the legal opportunities of migration. Since legal migration is hampered, more and more migrants rely on unofficial networks of migration to cross international borders47. Once arrived in the destination state, irregular migrants remain particularly vulnerable to exploitation and trafficking 48 . Furthermore, a greater proportion of women and children, identified as more vulnerable groups, take part in international migrations49.

41 David Shirk and Alexandra Webber, Slavery Without Borders: Human Trafficking in the U.S.-Mexican Context, (2004) 12 Hemisphere Focus 1, p.1; Harvard Law Review Association, Developments in the Law, Jobs and Borders, (2005) 118 Harv. L. Rev. 2171, p.2185. 42 David Shirk and Alexandra Webber, Slavery Without Borders: Human Trafficking in the U.S.-Mexican Context, (2004) 12 Hemisphere Focus 1, p.2. 43 Jacqueline Oxman-Martinez, Marie Lacroix and Jill Hanley, Victims of Trafficking in Persons: Perspectives from the Canadian Community Sector, Ottawa, Department of Justice Canada, 2005. 44 David Shirk and Alexandra Webber, Slavery Without Borders: Human Trafficking in the U.S.-Mexican Context, (2004) 12 Hemisphere Focus 1. 45 Franois Crpeau and Delphine Nakache, Controlling Irregular Migration in Canada. Reconciling Security Concerns with Human Rights Protection, (2006) 12 IRPP Choices 1, p.4. 46 Id. 47 Id.; David Shirk and Alexandra Webber, Slavery Without Borders: Human Trafficking in the U.S.Mexican Context, (2004) 12 Hemisphere Focus 1, p.2. 48 Bridget Anderson and Julia OConnell Davidson, Is Trafficking in Human Beings Demand Driven? A MultiCountry Pilot Study, Geneva, International Organisation for migrations, 2003, pp.44-45; Kristof van Impe, People for Sale: The Need for a Multidisciplinary Approach towards Human Trafficking, (2000) 38 International Migration 113, p.113; Amy Penfold, Trafficking in Persons in North America (2004), online: Global Alliance Against Traffic in Women gaatw.net/working_papers/N%20America/United%20States Report.pdf (last consultation: January 26th, 2009), p. 1-2. 49 David Shirk and Alexandra Webber, Slavery Without Borders: Human Trafficking in the U.S.-Mexican Context, (2004) 12 Hemisphere Focus 1, p.2.

13 Thus, [h]uman trafficking [would be] but an opportunistic response to the tension between the economic necessity to migrate, on the one hand, and the politically motivated restrictions on migration, on the other.50 The tension between economic reality and political expedience thus fosters conditions that enable and promote human trafficking. In reducing the opportunities for regular migration, these policies provide greater opportunities for traffickers [] to take advantage of the confluence of survival migrants need for jobs, on the one hand, and the unrelenting market demand for cheap labor, on the other.51 The causes of human trafficking can also be analyzed through the lens of push and pull factors. Viewing trafficking in persons as a global market, victims constitute the supply, and abusive employers or sexual exploiters (also known as sex buyers) represent demand. [] The supply of victims is encouraged by many [push] factors, including poverty, the attraction of perceived higher standards of living elsewhere, lack of employment opportunities, organized crime, violence against women and children, discrimination against women, government corruption, political instability, and armed conflict. On the demand side, [pull] factors driving trafficking in persons include the sex industry and the growing demand for exploitable labor. Sex tourism and child pornography have become worldwide industries, facilitated by technologies such as the Internet, which vastly expand the choices available to consumers and permit instant and nearly undetectable transactions. Trafficking is also driven by the global demand for cheap, vulnerable, and illegal labor. Furthermore economic globalization has encouraged an unprecedented mobilization of unskilled and low skilled labor in response to demand in labor-deficit markets for construction, manufacturing, agriculture, and domestic work.52 This diversity of causative factors requires extensive prevention strategies, in source, transit, and destination countries, ranging from more accurate borders controls to the alleviation of harsh socioeconomic conditions fuelling human trafficking. Prevention includes both preventing a crime and reducing the conditions that make an individual vulnerable to trafficking53. Thus, the decision makers must work to attenuate the circumstances that make individuals and groups of people particularly vulnerable to trafficking in human beings and counteract discrimination, marginalisation and social

Janie Chuang, Beyond a Snapshot: Preventing Human Trafficking in the Global Economy , (2006) 13 Ind. J. of Global Legal Stud. 137, p.140. 51 Id., p.146. 52 U.S., Department of State, Trafficking in Persons Report, Washington D.C., Department of State, 2006, p.16. 53 Michle A. Clark, Vulnerability, prevention and human trafficking: the need for a new paradigm , dans Office des Nations Unies contre la drogue et le Crime (dir.), An Introduction to Human Trafficking: Vulnerability, Impact and Action, Vienne, Office des Nations Unies contre la drogue et le Crime, 2008, p.62.

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14 exclusion, both in source and destination countries54. They must also address the demand side of trafficking with educational, social, and cultural measures in order to tackle the demand that fosters exploitation and human trafficking55. Finally, restrictive migration policies should be addressed56, as well as the regulations of some under regulated economy sectors, such as domestic or agricultural work.

The many costs of human trafficking:

This beginning of this section is entirely borrowed from the U.S. Department of States Trafficking in Persons Report of June 2006. For an extensive analysis of the impacts of human trafficking, please refer to the article The impact of trafficking in persons (2008) by Judith Dixon, available online at: www.ungift.org/docs/ungift/pdf/knowledge/background_paper.pdf.

The Human and Social Costs of Trafficking Psychological and physical harm, including disease and stunted growth, often have permanent effects. Victims forced into sex slavery are often subdued with drugs and subjected to extreme violence. Victims trafficked for sexual exploitation face physical and emotional damage from violent sexual activity, forced substance abuse, exposure to sexually transmitted diseases including HIV/AIDS, food deprivation, and psychological torture. Some victims suffer permanent damage to their reproductive organs. Many victims die as a result of being trafficked. When the victim is trafficked to a location where he or she cannot speak or understand the language, this compounds the psychological damage caused by isolation and domination by traffickers. The Human Rights Dimension Fundamentally, trafficking in persons violates universal human rights to life, liberty, and freedom. Trafficking of children violates the inherent right of a child to grow up in a protective environment and the right to be free from all forms of abuse and exploitation.

54

European Commission, Report of the Experts Group on Trafficking in Human Beings (December 22nd, 2004), online: European Union ec.europa.eu/justice_home/doc_centre/crime/trafficking/doc/report_ expert_group_1204_en.pdf (last consultation on July 17th, 2008), p.83. 55 Trafficking Protocol, art. 9.5. 56 European Commission, Report of the Experts Group on Trafficking in Human Beings (December 22nd, 2004), online: European Union ec.europa.eu/justice_home/doc_centre/crime/trafficking/doc/report_ expert_group_1204_en.pdf (last consultation on July 17th, 2008), p.83.

15 Promoting Social Breakdown The loss of family and community support networks makes trafficking victims vulnerable to traffickers demands and threats, and contributes in several ways to the breakdown of social structures. Trafficking tears children from their parents and extended family. The profits from trafficking often allow the practice to take root in a particular community, which is then repeatedly exploited as a ready source of victims. The danger of becoming a trafficking victim can lead vulnerable groups such as children and young women to go into hiding, with adverse effects on their schooling or family structure. The loss of education reduces victims future economic opportunities and increases their vulnerability to being retrafficked in the future. Victims who are able to return to their communities often find themselves stigmatized or ostracized. Recovery from the trauma, if it ever occurs, can take a lifetime. Fueling Organized Crime The profits from human trafficking fuel other criminal activities. According to the U.S. Federal Bureau of Investigation, human trafficking generates an estimated $9.5 billion in annual revenue. It is closely connected with money laundering, drug trafficking, document forgery, and human smuggling. Where organized crime flourishes, governments and the rule of law are undermined and weakened. Depriving Countries of Human Capital and Inhibiting Development Trafficking has a disastrous impact on labor markets, contributing to an irretrievable loss of human potential. Some effects of trafficking include depressed wages, diminished workforce productivity, loss of remittances, and an undereducated generation. These effects lead to the loss of future productivity and earning power. Forcing children to work, and denying them access to education, reinforces the cycle of poverty and illiteracy that represses national development. When forced or bonded labor involves a significant part of a countrys population, this form of trafficking retards the countrys advancement, because generation after generation of victims remains mired in poverty. Public Health Costs Victims of trafficking often endure brutal conditions that result in physical, sexual, and psychological trauma. Sexually transmitted viruses and infections, pelvic inflammatory disease, and HIV/AIDS are often the result of being used in prostitution. Anxiety, insomnia, depression, and post-traumatic stress disorder are common psychological manifestations among trafficked victims. Unsanitary and crowded living conditions, coupled with poor nutrition, foster a host of adverse health conditions such as scabies, tuberculosis, and other communicable diseases. The most egregious abuses are often borne by children, who are more easily controlled and forced into domestic service, armed conflict, and other hazardous forms of work.

16 Erosion of Government Authority Many governments struggle to exercise full law enforcement authority over their national territory, particularly where corruption is prevalent. Armed conflicts, natural disasters, and political or ethnic struggles can create large populations of internally displaced persons, who are vulnerable to trafficking. Human trafficking operations further undermine government efforts to exert authority, threatening the security of vulnerable populations. Many governments are unable to protect women and children kidnapped from their homes and schools or from refugee camps. Moreover, bribes paid to law enforcement, immigration officials, and members of the judiciary impede a governments ability to battle corruption. These many costs show the necessity for decision-makers to fight trafficking in human beings with both protection and law enforcement measures. Protecting the human rights of trafficking victims necessitates a wide range of actions in order to avoid revictimisation. Some basics principles must guide the delivery of services to trafficking victim. Trafficked persons both adults and children under the age of 18 should be entitled to social assistance and protection regardless of their willingness or capacity to press charges and/or give testimony against their traffickers. [] All services must be provided on a voluntary and confidential basis, in a non discriminatory and non judgemental manner and in compliance with a number of basic principles derived from international human rights norms, in particular respect for the right to privacy, confidentiality, self-determination and freedom of movement. [] Furthermore, a human rights based and a gender and cultural sensitive approach are conditions sine qua non service providers must take into account in order to effectively guarantee the protection and empowerment of trafficked persons.57 In the first place, no trafficking victim should be criminalized because of their migratory status or infractions committed in relation with their exploitation. Trafficked persons must be treated as victims and not as criminals. Secondly, since many trafficked persons do not have a regular migratory status, states should ensure that they receive a status which allows them to stay in the destination country if this is their wish. Indeed, deportation involves many risks for victims, such as

57

European Commission, Report of the Experts Group on Trafficking in Human Beings (December 22nd, 2004), online: European Union ec.europa.eu/justice_home/doc_centre/crime/trafficking/doc/report_ expert_group_1204_en.pdf (last consultation on July 17th, 2008), p.109.

17 stigmatization by their family or community, retributions by traffickers, and retrafficking58. Thirdly, state authorities (in collaboration with NGOs) should provide for the basic needs of trafficked persons such a physical safety (especially from potential traffickers retributions), appropriate shelter, food, clothing, financial needs, medical care (both physical and psychological), as well as legal assistance and information. Fourthly, for those victims who act as witnesses, additional protections are required. On the on hand, due to the specificity of human trafficking, States should protect the victim and its family against intimidation and retributions by traffickers59. Respecting their privacy is also essential to avoiding such threats. On the other hand, appropriate in-court proceedings are necessary to avoid further trauma60. Lastly, states should provide services for the reintegration of the trafficked person (with, among others, training, education and employment opportunities) and ensure safe repatriation. A risk assessment is vital to assess the safety of the trafficked person on her/his return, the perspectives of her/his social and professional inclusion and the risks of re trafficking61. For detailed recommendations and guidelines on the protection of human trafficking victims, refer to the International Organization for Migrations Handbook on Direct Assistance for Victims of Trafficking (2007) available at www.humantrafficking.org/uploads/publications/CT_20handbook_cover.pdf, and the UNICEFs Guidelines on the Protection of Child Victims of Trafficking (2006), available at www.unicef.org/ceecis/0610-Unicef_Victims_Guidelines_en.pdf. The prosecution of traffickers also poses many challenges to law enforcement authorities. Human trafficking is characterized diversity and complexity in all its aspects, especially when looking at the offenders profiles. They range from international criminal organizations deceiving women and children into gross sexual exploitation to single individuals abusing their domestic workers62. In several countries,
Janie Chuang, Redirecting the Debate over Trafficking in Women: Definitions, Paradigms, and Contexts , (1998) 11 Harv. Hum. Rts J. 65, p.71. 59 European Commission, Report of the Experts Group on Trafficking in Human Beings (December 22nd, 2004), online: European Union ec.europa.eu/justice_home/doc_centre/crime/trafficking/doc/report_ expert_group_1204_en.pdf (last consultation on July 17th, 2008), p.111. 60 Denise Brennan, Methodological Challenges in Research with Trafficked Persons: Tales from the field , (2005) 43 International Migration 35, p.38; Elaine Pearson, Human traffic, human rights: redefining victim protection, London, Anti-Slavery International, 2002, p.50; Hussein Sadruddin, Natalia Walter et Jose Hidalgo, Human Trafficking in the United States: Expanding Victim Protection Beyond Prosecution Witnesses , (2005) 16 Stan. L. & Poly Rev. 379, p.395. 61 European Commission, Report of the Experts Group on Trafficking in Human Beings (December 22nd, 2004), online: European Union ec.europa.eu/justice_home/doc_centre/crime/trafficking/doc/report_ expert_group_1204_en.pdf (last consultation on July 17th, 2008), p.115. 62 For a detailed analysis of trafficking groups as different business types, see United Nations Office on Drugs and Crime, Human Trafficking: an Overview, Vienna, United Nations Office on Drugs and Crime,
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18 the majority of offenders are nationals of the same country in which the trafficking case is investigated. Traffickers can be men or women, and in some criminal groups women indeed play a significant role in the trafficking process.63 The recruiting methods also vary widely, as well as the type of exploitation and the means by which traffickers keep control over their victims. Furthermore, trafficking in persons is related to several crimes such as slavery, debt bondage, involuntary servitude, forced marriage, forced abortion, forced pregnancy, torture, inhumane and degrading treatments, rape, sexual assault, bodily injury, murder, kidnapping, unlawful confinement, labour exploitation, forgery of documents and corruption64.

PART II: NORTH AMERICAN GOVERNMENTS

STRATEGIES TO FIGHT HUMAN TRAFFICKING
Strategies to fight trafficking in human beings have been adopted in all three countries at the federal, state and local levels. This section primarily focuses on federal governments initiatives.

Legislative framework:
In North America, the United States has long been at the forefront of the fight against trafficking in persons. Former president Bill Clinton approved, in October 2000 (two months before the Trafficking Protocol was signed in Palermo, Italy), a comprehensive bill adopted by the Congress. The Trafficking Victims Protection Act (TVPA) of 2000 contains a number of measures including, among others, prosecution of traffickers, prevention of trafficking, protections for victims, monitoring of foreign countries efforts to combat human trafficking as well as assistance to foreign governments and sanctions for those whose efforts are not sufficient enough65. Three other bills were adopted in 2003, 2005, and 2008 to fill the gaps identified by the U.S. government agencies and independent searchers66.

2008, available online at www.ungift.org/docs/ungift/pdf/knowledge/ebook.pdf, p.24; Louise Shelley, Trafficking in Women: The Business Model Approach, (2003) 10 Brown Journal of World Affairs 119. 63 United Nations Office on Drugs and Crime, Human Trafficking: an Overview, Vienna, United Nations Office on Drugs and Crime, 2008, available online at www.ungift.org/docs/ungift/pdf/knowledge/ebook.pdf, p.22. 64 Id. 65 Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464. 66 Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108-193; Trafficking Victims Protection Reauthorization Act of 2005, Pub. L. No. 109-163; William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub. L. 110-457.

19 In Canada, few legal initiatives have been adopted. In 2001, the Immigration and Refugee Protection Act established trafficking as a crime under Canadian law, and solidified a definition for the offence in line with the Palermo Protocol. However, the bill focuses entirely on punishing traffickers, with no provisions for trafficked persons, and thus does not lessen their vulnerability67. As seen above, this crime only applies to the forced movement of persons, and not their exploitation. In November 2005, the Criminal Code was modified to include new crimes related to human trafficking68. Canadian law contains no prevention or protection measure; however, it does not mean that the Canadian government is not working on these issues. In Mexico, the federal Congress approved a comprehensive bill, the Act to prevent and punish trafficking in persons, effective as of November 200769. This law establishes the crime of trafficking in persons, contains prevention and protection measures and creates an interdepartmental commission responsible of the elaboration of a national program to prevent and punish human trafficking.

Prevention initiatives:
Typically, legal responses to human trafficking adopt a three-prong framework focused on prosecuting traffickers, protecting trafficked persons, and preventing trafficking70. In practice, however, prevention of trafficking (at least, in the long term) is practically an afterthought71. This affirmation applies to prevention strategies in North America. As we will see, even if the three governments adopted a variety of prevention measures, very few of them aim to diminish the vulnerability of at-risks populations. In Mexico, the recently adopted act provides for prevention campaigns, the training of federal administration officials, promoting scientific research, knowledge diffusion as well as raising public awareness72. Both federal and state governments strengthened prevention efforts. The National Human Rights Commission (CNDH) is actively taking part in training on identifying victims of trafficking and has established 10 attention centers around the country for trafficking victims, most along the southern and northern borders. Awareness of the issue among government officials and the public is growing, and senior government officials stressed the need to fight human trafficking.

U.S., Department of State, Trafficking in Persons Report, Washington D.C., Department of State, 2006, p.6. 68 An Act to amend the Criminal Code (trafficking in persons), 2005, c. 43. 69 Ley para prevenir y sancionar la trata de personas, (2007) Diario oficial de la Federacin (Martes 27 de noviembre de 2007). 70 , Janie Chuang, Beyond a Snapshot: Preventing Human Trafficking in the Global Economy , (2006) 13 Ind. J. of Global Legal Stud. 137, p.137. 71 Id., p.154. 72 Ley para prevenir y sancionar la trata de personas, (2007) Diario oficial de la Federacin (Martes 27 de noviembre de 2007), art. 12.

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20 With assistance from NGOs and international organizations, the government sponsored numerous seminars and training sessions to raise public awareness.73 Most of the TVPAs prevention efforts fall into two broad categories: programs to fight the common reasons for victimization and international sanctions to motivate compliance with U.S. standards 74 . The programs are divided into two branches, economic initiatives and awareness-raising / training of officials75, the latter being prioritized76 . As for international sanctions [non-humanitarian, non-trade-related], they are triggered if the United States determines, according to its own standards, that a foreign country is not sufficiently engaged in combating human trafficking.77 Many fear the adverse impacts these sanctions could have on the economies of the countries toward which they are triggered78, even if the President has the authority to waiver these sanctions to avoid such effects79. Since 2003, sanctions were taken against Cambodia, Cuba, Equatorial Guinea, Iran, Liberia, North Korea, Sudan, Syria, Venezuela and Zimbabwe. Prevention efforts increased over the year [2007], as [Health and Human Services] continued to fund the Rescue & Restore public awareness campaign and DHS/ICE produced a new public service announcement in multiple languages. HHS founded four additional Rescue & Restore coalitions. HHS restructured the National Human Trafficking Resource Center in 2007 to provide national training and technical assistance, in addition to operating a national hotline []. To improve identification and increase awareness, HHS also started: 1) a pilot program to identify trafficking among unaccompanied alien children; and 2) a domestic notification pilot program that provides suspected U.S. citizen trafficking victims with information regarding the benefits and services for which they may be eligible simply by virtue of their citizenship.80

U.S., Department of State, Trafficking in Persons Report (June 2008), on line: Department of State www.state.gov/g/tip/rls/tiprpt/2008 (last consultation: January 26th, 2009), p.182. 74 Harvard Law Review Association, Developments in the Law, Jobs and Borders, (2005) 118 Harv. L. Rev. 2171, p.2189. 75 TVPA, 106; Trafficking Victims Protection Reauthorization Act of 2003, 3; Trafficking Victims Protection Reauthorization Act of 2005, 101 and 201; William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; 103. 76 U.S., United States Government Accountability Office, HUMAN TRAFFICKING: Monitoring and Evaluation of International Projects Are Limited, but Experts Suggest Improvements, Washington, U. S. Government Accountability Office, 2007. 77 Harvard Law Review Association, Developments in the Law, Jobs and Borders, (2005) 118 Harv. L. Rev. 2171, p.2189. 78 Claire Bishop, The trafficking victims Protection Act of 2000: Three years later (2003) 41 International Migration 219, p.225; Mohammed Y. Mattar, Monitoring the Status of Severe Forms of Trafficking in Foreign Countries: Sanctions Mandated Under the U.S. Trafficking Victims Protection Act, (2003) The Brown Journal of World Affairs 159, p.172; Ryf, Kara, The First Modern Anti-Slavery Law: The Trafficking Victims Protection Act of 2000 (2002) 34 Case W. Res. J. Intl L. 45, p.65. 79 TVPA, 110. 80 U.S., Department of State, Trafficking in Persons Report (June 2008), online: Department of State www.state.gov/g/tip/rls/tiprpt/2008 (last consultation: January 26th, 2009), p.51.

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21 According to Oxman-Martinez, Hanley and Gomez, Canadian prevention measures are divided into three categories: prevention in source countries, increased border controls, and cooperation between state parties to the trafficking protocol81. Canadas source country prevention efforts are concentrated in lobbying, education, and project funding.82 Initiatives include: public awareness campaign, embassy staff training in Eastern and Central Europe, public education campaign, publicity in China about the dangers of irregular migration, and development of anti-trafficking policies. Furthermore, the federal government created the Interdepartmental Working Group on Trafficking in Persons (IWGTIP), composed of 18 federal departments and agencies, which is tasked with coordinating [sic] federal activities to address trafficking including the development, promotion and implementation of a comprehensive anti-trafficking strategy, in keeping with Canadas international commitments83. Unfortunately, the only significant action taken by the IWGTIP is the preparation of an information package that was culturally tested and translated into 14 languages84. According to the U.S. Department of State TIP report, [t]he government significantly increased anti-trafficking prevention efforts during the reporting period. In January 2008, the government provided funding of approximately $6 million to strengthen existing initiatives to prevent the sexual exploitation and trafficking of children. The initiative includes a national awareness campaign and a 24-hour hotline to encourage the reporting of cases and for the public to receive information. [] The Canadian immigration agency provided pamphlets and information to temporary foreign workers, including live-in caregivers, to let them know where to seek assistance in case of exploitation or abuse. []Canada annually funds anti-trafficking prevention programs overseas, concentrated in Latin America, the Caribbean, West Africa, and Southeast Asia, and contributes funds to international organizations such as UNODC for law enforcement training and developing model anti-trafficking legislation85. Reliance on border controls to detect trafficking is problematic since it ignores internal trafficking as well as trafficking in which the entry into the destination state is legal. Internationally, Canada cooperates with the United States and other countries, most notably through the G886. The North American governments prevention efforts should focus more on reducing the vulnerability of at-risks population than informing them about the dangers of
Jacqueline Oxman-Martinez, Jill Hanley and Fanny Gomez, Canadian Policy on Human Trafficking: A Four-year Analysis, (2005) 43 International Migration 7, p.10. 82 Id., p.11. 83 Canada, Department of Justice Canada, Trafficking in Persons: the Interdepartmental Working Group on Trafficking in Persons (January 2nd, 2009), online: Department of Justice Canada www.justice.gc.ca/eng/fs-sv/tp/iwgtip-gtitp.html (last consultation: January 26th, 2009). 84 Jacqueline Oxman-Martinez, Jill Hanley and Fanny Gomez, Canadian Policy on Human Trafficking: A Four-year Analysis, (2005) 43 International Migration 7, p.11. 85 U.S., Department of State, Trafficking in Persons Report (June 2008), online: Department of State www.state.gov/g/tip/rls/tiprpt/2008 (last consultation: January 26th, 2009), p.87. 86 Jacqueline Oxman-Martinez, Jill Hanley and Fanny Gomez, Canadian Policy on Human Trafficking: A Four-year Analysis, (2005) 43 International Migration 7, p.13.
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22 migration and trafficking. Identified lacunas include: restrictive immigration policies which remain unaddressed, temporary migration programs which conditions foster exploitation and in which beneficiaries rights are limited, lack of regulations in certain sectors such as domestic and agricultural work, as well as lack of research and evaluation of anti-trafficking programs.

Protection initiatives:
The TVPA provides for comprehensive protections measures for trafficking victims87. Foreign victims of serious forms of trafficking are entitled to immigration relief in the form of the T-Visa 88 . Once certified, a victim shall not be detained in facilities inappropriate to her status as a victim of crime, receive necessary medical care and other assistance and be provided adequate protection if her safety is at risk89. Victims also have access to information about their rights and translation services90. The government makes grants to a variety of organizations to develop, expand, or strengthen victim service programs for victims of trafficking91. During fiscal year 2007, the Department of Justices Office for Victims of Crime awarded $3 854 016 for such programs92. Moreover, the TVPA contains specific protections for victims of trafficking who act as witnesses93. Finally, the Return, Reintegration, and Family Reunification Program for Victims of Trafficking ensures the safe return of victims in their country and/or reunites eligible family members with trafficked persons identified in the United States94. In Canada, protection is the aspect in which the government has made the least progress, with important legislative gaps, lack of data, and inadequate policies and programs to assist victims95. There is no legal guidance for the protection of victims and access to basic services remains difficult. The sole protection measure especially designed for victims of trafficking is a temporary residency permit (TRP) of 180 days (or longer if the victim is certified), created in 200696. TRP holders have access to basic
TVPA, 107. Id., 107 (e). 89 Id., 107 (c)(1). 90 Id., 107 (c)(2). 91 Id., 107 (b)(2). 92 U.S., Department of Justice, Attorney Generals Annual Report to Congress and Assessment of the U.S. Government Activities to Combat Trafficking in Persons. Fiscal Year 2007, Washington, Department of Justice, 2008, p.11. 93 TVPA, 107 (c)(3). 94 U.S., Department of Justice, Attorney Generals Annual Report to Congress and Assessment of the U.S. Government Activities to Combat Trafficking in Persons. Fiscal Year 2007, Washington, Department of Justice, 2008, p.14. 95 Jacqueline Oxman-Martinez, Jill Hanley and Fanny Gomez, Canadian Policy on Human Trafficking: A Four-year Analysis, (2005) 43 International Migration 7, p.14. 96 Canada, Citizenship and Immigration Canada, IP 1 Temporary Resident Permits (June 19th, 2007), online: Citizenship and Immigration Canada www.cic.gc.ca/English/resources/manuals/ip/ip01e.pdf, pp.23-29.
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23 medical care au trauma counseling and may receive a work permit. However, NGOs reported difficulties with foreign trafficking victims securing TRPs and gaining access to services for victims without legal status97. Only four trafficking victims received TRPs in 200798. Otherwise, [v]ictim support services in Canada are generally administered at the provincial level. While each province or territory provides services for crime victims, including trafficking victims, they do not all follow the same model, sometimes leading to uneven services across the country99. NGOs play an important role by providing basic services to victims but lack governmental funding100. In Mexico, the Act to prevent and punish trafficking in persons contains protection and assistance measures for victims of trafficking, such as appropriate identification, immigration relief, respect of privacy, access to information, training and counselling. However, since it has been adopted in the last months of the year 2007, [t]he Mexican government maintained a modest level of victim protection over the last year [2007], while continuing to rely on NGOs and international organizations to provide most assistance for trafficking victims.101 Even if alternatives to removal are available for foreign trafficking victims, most of them continue to be deported within 90 days. Victims who assist with the prosecution of their traffickers may receive a renewable one-year humanitarian visa. In 2007, nine of these visas were issued102. The Congress voted funds ($7M) for the construction of shelters for trafficking victims, and the first one opened in last October103. All three countries have adopted measures to protect trafficking victims. Yet, serious flaws hinder authorities from adequately protecting all victims of trafficking. In the first place, the level of identification of trafficking victims remains low. North American governments should make greater efforts in this area since identification is essential to adequately protect victims. The first step should be to improve the training of governmental agencies staff, above all law enforcement and immigration services officials. Even if the U.S. government made important efforts in training its personnel, budgets remain significantly constrained and mainly aimed at the federal agencies. There are few, if any, comparable training programs for officials at the state and local levels. [] This is highly problematic because local police officers are frequently the first to come into contact with trafficking victims. If the officers cannot identify them as victim, [they] are typically detained and deported.104 In Mexico, the training of federal,
U.S., Department of State, Trafficking in Persons Report (June 2008), online: Department of State www.state.gov/g/tip/rls/tiprpt/2008 (last consultation: January 26th, 2009), p.87. 98 Id. 99 Id. 100 Jacqueline Oxman-Martinez, Marie Lacroix and Jill Hanley, Victims of Trafficking in Persons: Perspectives from the Canadian Community Sector, Ottawa, Department of Justice Canada, 2005. 101 U.S., Department of State, Trafficking in Persons Report (June 2008), online: Department of State www.state.gov/g/tip/rls/tiprpt/2008 (last consultation: January 26th, 2009), p.182. 102 Id. 103 Silvia Garduo, Alistan refugio para vctimas de trata , Reforma, October 21st, 2008, p.A12. 104 April Rieger, Missing the mark: why the Trafficking Victims Protection Act fails to protect sex trafficking victims in the US, (2007) 30 Harvard Journal of Law and Gender 231, p.246.
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24 state and local officials is an element of the 2008-2009 National program to combat trafficking in persons105. Efforts in Canada are limited to a few federal agencies. Secondly, all protections offered in the United States, while extensive, are conditional upon victim participation to the investigation and prosecution of trafficking cases. This is problematic since many reasons impede victim from collaborating with law enforcement agencies, such as psychological trauma and fear of retaliation. Furthermore, a trafficking victim could possibly ignore the essential information to the prosecution of its traffickers and would not be eligible to protection. Lastly, assuming a victim [] is willing to cooperate with the investigation, the ultimate discretion whether to open a criminal investigation is left to the prosecutor106. The inherent selectivity in the prosecutorial process [] leaves many trafficked persons excluded from protection benefits107. This conditionality has faced many criticisms and is contrary to the HCHR Guidelines and Principles108.
The contingency is attractive from a prosecutorial standpoint since victim testimony is integral to human trafficking investigations and prosecutions. At the same time, however, it is inherently at cross-purposes with the goals underlying the protection provisions. The goal is no longer protection, but protection for the sake of prosecution.109

Finally, even when a victim is adequately identified and eligible for protection benefits, there remain some serious gaps among the different protection strategies, particularly those in Mexico and Canada, de facto denying victims of trafficking the assistance they need.

Prosecution initiatives:
All three countries established trafficking in persons, and related felonies (with the exception of Mexico), as offences under criminal law. In Canada, under article 118 of the Immigration and Refugee Protection Act, a person guilty of trafficking is liable to life imprisonment, a fine of not more than US$1 million, or potentially both. Under article 279.01 of the Criminal Code, a person guilty trafficking in persons is liable to
Mexico, Comisin nacional de los derechos humanos, Programa contra la trata de personas 20082009 (2008), online: Comisin nacional de los derechos humanos www.cndh.org.mx/swf/2008/programa2008-Web.swf (last consultation on October 8th, 2008). 106 Kathleen Kim and Kusia Hreshchyshyn, Human Trafficking Private Right of Action: Civil Rights for Trafficked Persons in the United States, (2004-2005) 16 Hastings Womens L. J. 1, p.15. 107 Id., p.36. 108 United Nations, Economic and Social Council, Recommended Principles and Guidelines on Human Trafficking. Report of the United Nations High Commissioner for Human Rights to the Economic and Social Council, E/2002/68/Add.1, May 20th, 2002. Available online at www.antislavery.org.au/pdf/UN_RecHRHT.pdf, p.3-4. 109 Harvard Law Review Association, Developments in the Law, Jobs and Borders, (2005) 118 Harv. L. Rev. 2171, p.2196.
105

25 imprisonment for a term of 14 years, or life imprisonment in case of kidnapping, aggravated assault, aggravated sexual assault, or homicide. The withholding or destruction of travel and/or identity documents, as well as receiving benefits from trafficking, is also punished by law. In Mexico, a person guilty of trafficking in persons is liable to six to twelve years of prison and to a fine of 500 to 1,500 times the daily minimum wage (approximately US$1,940 to US$5,820) under article 5 of the Act to prevent and punish trafficking in persons. When the offence is committed against a minor, the criminal is liable to nine to eighteen years of imprisonment and to a fine of 750 to 2,250 times the daily minimum wage. In the United States, a person guilty of trafficking in persons is liable to up to 20 years of imprisonment and a fine. Related offences like forced labor, peonage, slavery and involuntary servitude are also punished by law. In case of aggravating circumstances such as kidnapping, sexual abuse or attempt to kill, the person is liable to life imprisonment110. The U.S. Department of State Trafficking in Persons Report (2008) offers a brief but complete portrait of prosecution efforts in the three North American countries. The following paragraphs are entirely borrowed from this document: The [U.S. Government] sustained anti-trafficking law enforcement efforts over the reporting period. The United States prohibits all forms of trafficking in persons through criminal statutes created or strengthened by the 2000 Trafficking Victims Protection Act (TVPA), as amended. In Fiscal Year (FY) 2007, [Department of Justice]s Civil Rights Division and U.S. Attorneys Offices initiated 182 investigations, charged 89 individuals, and obtained 103 convictions in cases involving human trafficking. [] The average prison sentence imposed for trafficking crimes under the TVPA in FY 2007 was 113 months (9.4 years). The Federal Bureau of Investigation and [Department of Justice]s Criminal Division continued to combat the exploitation of children in prostitution in the United States through the Innocence Lost National Initiative; in FY 2007, this Initiative resulted in 308 arrests, 106 convictions, and 181 recovered children. The federal government worked to bolster efforts at state and local levels. By the end of 2007, 33 states had passed criminal anti-trafficking legislation. In 2007, the Department of Health and Human Services (HHS) further strengthened the Rescue & Restore Regional Program, employing a community-based intermediary model to regionally develop civil society networks for outreach, identification, and service activities.111

110 111

TVPA, 110. U.S., Department of State, Trafficking in Persons Report (June 2008), online: Department of State www.state.gov/g/tip/rls/tiprpt/2008 (last consultation: January 26th, 2009), p.51.

26 The Government of Canada demonstrated limited progress in law enforcement actions against human traffickers during the reporting year. [] During the reporting period [2007], provincial governments laid 17 trafficking charges under the Criminal Code, of which it laid 13 under Section 279.01 (trafficking) and four under Section 279.03 (withholding or destroying documents). These charges are the first filed under Canadas specific anti-trafficking provisions. Provincial governments secured three traffickingrelated convictions during the reporting period, as compared to last year when provincial governments convicted five trafficking-related offenders. In June 2007, a British Columbia court dismissed trafficking charges in a landmark IRPA case filed against a massage parlor owner, although the defendant was convicted of related crimes such as managing a bawdy house and pimping; he was sentenced to 15 months in jail. Other cases remain open, including investigation of a suspected Eastern European prostitution ring in Toronto. [] The Government of Canada works closely with foreign governments, particularly the United States and Mexico, on international trafficking cases, and with other foreign governments through RCMP liaison officers stationed worldwide. There were no reports of trafficking-related complicity by Canadian officials last year.112 The Government of Mexico improved efforts to combat human trafficking through law enforcement efforts during the reporting period [2007]. [] In February 2008, the Attorney General formed a new anti-trafficking prosecutorial unit, the Crimes Against Women and Trafficking in Persons Unit (FEVIMTRA), after a federal anti-trafficking police unit had been dismantled with the change of administrations in early 2007. FEVIMTRA will prosecute all federal human trafficking cases except those involving organized crime, which will continue to be handled by a subunit of the Organized Crime division within the Attorney Generals Office. Since June 2007, the federal government has arrested seven persons suspected of sex trafficking activity. No federal convictions or punishments of trafficking offenders have been reported. Moreover, there were no law enforcement efforts to criminally investigate and prosecute labor trafficking crimes, despite reports of nationals, Central Americans, and other foreigners in Mexico being subject to labor exploitation. In Mexicos federal system, state governments have played a significant law enforcement role with regard to anti-trafficking efforts. Federal jurisdiction is typically invoked in organized crime cases, or cases involving international or transnational trafficking; thus, state anti-trafficking laws are necessary for prosecuting cases on the local level. Mexicos 31 states and its federal district criminally prohibit some aspects of trafficking in persons. As of April 2008, five statesChihuahua, Guerrero, Mexico, Sonora, and Zacatecashave enacted comprehensive anti-trafficking laws. The State of Chihuahua initiated six traffickingrelated prosecutions since enactment of its state anti-trafficking law in January 2007. In one case, a female defendant was sentenced to 11 years in jail on state humantrafficking charges for luring school-aged boys to have sex with her co-defendant, a U.S. citizen. The U.S. citizen was sentenced to nine years in prison for the rape of a 10-yearold boy. In another case involving the commercial sexual exploitation of minors, charges
112

Id., p.86.

27 against an American citizen paying minors for oral sex were not pursued because the child victims allegedly consented to the acts. [] During the reporting period, the Mexican government made significant efforts to cooperate with the United States government on cross-border trafficking investigations. Since 2005, a joint U.S.-Mexico program known as Operation Against Smugglers Initiative on Safety and Security (OASISS) has facilitated information sharing among prosecutors on both sides of the border, with the goal of identifying, prioritizing, and prosecuting human trafficking and alien smuggling offenders. In coordination with U.S. law enforcement agencies, the Mexican government conducted eight operations to rescue more than 90 potential victims from trafficking situations in Mexico last year. [] The government cooperated with foreign governments on human trafficking investigations in the United States, Guatemala, El Salvador, and Argentina during the reporting period. [] Despite demonstrating progress on anti-trafficking law enforcement, competing priorities and security concerns in Mexico, along with scarce government resources, continue to hamper police and prosecutorial investigations against traffickers. Corruption among public officials, especially local law enforcement and immigration personnel, continues to be a serious concern; some officials reportedly accept or extort bribes, discourage victim reporting, or ignore child prostitution and other human trafficking activity in brothels and commercial sex sites. The Government of Mexico can improve law enforcement efforts by making vigorous efforts to address complicity in trafficking by public officials.113

Cooperation in North America:

Cooperation is a critical component of any strategy to combat human trafficking, notably multidisciplinary cooperation between all involved agencies and stakeholders, including civil society organisations 114. Due to the phenomenons many international aspects, governments should cooperate in the three key elements of their policies, namely prevention, protection and prosecution. Until now, North American governments limited their cooperation to the prosecution of traffickers and have done so on a bilateral basis, the United States working with both Mexico and Canada separately. There has been little cooperation on a trilateral basis, and almost none between Canada and Mexico. Between Canada and the United States, cooperation efforts target traffickers and are included in broader strategies to fight transnational criminality. The Integrated Border
Id., p.181-182. European Commission, Report of the Experts Group on Trafficking in Human Beings (December 22nd, 2004), online: European Union ec.europa.eu/justice_home/doc_centre/crime/trafficking/doc/report_ expert_group_1204_en.pdf (last consultation on July 17th, 2008), p.70.
114 113

28 Enforcement Teams (IBETs) are designed to enhance border integrity and security [] by identifying, investigating and interdicting persons and organizations that pose a threat to national security, or are engaged in organized criminal activity such as trafficking in persons115. The IBETs are supported by the Integrated Border Intelligence Teams (IBITs) who collect, analyze and disseminate tactical, investigative and strategic intelligence information pertaining to cross border crime116. Both countries are taking other initiatives via the Shared Border Accord of 1995 and the Smart Borders Declaration of 2001117. Finally, the Mutual Legal Assistance Treaty in Criminal Matters of 1985 facilitate the investigation and prosecution of traffickers through cooperation and mutual assistance in law enforcement matters118. Mexico and the United States are also working together to protect their common border from transnational criminality, especially on cross-border trafficking investigations119. Since 2005, the Operation Against Smugglers (and Traffickers) Initiative on Safety and Security (OASISS) brings together the U.S. Customs and Border Protection agency, the Mexican Procuradora General de la Repblica, Secretara de Relaciones Exteriores and Secretara de Gobernacin120. These agencies are working to identify and prosecute violent human smugglers and traffickers who endanger migrants. In 2007, more than 90 potential victims were rescued in eight Mexico/U.S. operations121. The United States also provided training to Mexican officials during that year122. As for Canada and Mexico, little information is available but that which is available indicates that they are working together on some international trafficking cases123. Efforts on a trilateral basis are limited. In 2005, the Security and Prosperity Partnership called for enhanced cooperation to combat human trafficking as part of the Security agendas overall framework to address transnational threats124. Officials from the three countries also met on several occasions to discuss anti-trafficking strategies. For example, they convened in 2001 to participate in a North American Regional

Canada and United States, Bi-national assessment on human trafficking (2006), online: Public Safety Canada www.publicsafety.gc.ca/prg/le/_fl/1666i-en.pdf (last consultation on February 27th, 2009), p.19. 116 Id. 117 Id., pp.19-20. 118 Id., p.20. 119 U.S., Department of State, Trafficking in Persons Report (June 2008), online: Department of State www.state.gov/g/tip/rls/tiprpt/2008 (last consultation: January 26th, 2009), p.181. 120 U.S., Customs and Border Protection, U.S./Mexico Initiative Targets Alien Smugglers and Human Traffickers (August 17th, 2005), online: Customs and Border Protection www.cbp.gov/xp/cgov/newsroom/news_releases/archives/2005_press_releases/082005/08172005.xml (last consultation on February 27th, 2009). 121 U.S., Department of State, Trafficking in Persons Report (June 2008), online: Department of State www.state.gov/g/tip/rls/tiprpt/2008 (last consultation: January 26th, 2009), p.181. 122 Id. 123 Id., p.86. 124 Canada and United States, Bi-national assessment on human trafficking (2006), online: Public Safety Canada www.publicsafety.gc.ca/prg/le/_fl/1666i-en.pdf (last consultation on February 27th, 2009), p.20.

115

29 Consultation on the Commercial Sexual Exploitation of Children125. Moreover, as part of the activities program under the North American Agreement on Labor Cooperation (NAALC), which supplements the North American Free Trade Agreement (NAFTA), a conference on human trafficking was held in December 2004.

PART III: POSSIBLE COURSES OF ACTION TO BETTER FIGHT HUMAN TRAFFICKING IN NORTH AMERICA
Here are listed some suggestions that could improve North Americas government action against trafficking in human beings.

1. Funding research: Greater amounts of funds from the local, state/provincial, as well as federal governments would further our understanding of human trafficking n North America. Continued efforts must be deployed in order to identify offenders, traffickers and most importantly victims. Finding and rescuing victims must become a priority. This endeavour should involve support to NGOs and grass root organizations, which procure a lot of information regarding victims. International organizations, governments and Embassies must cooperate in order to share data and information regarding offenders, traffickers, missing people and victims and elaborate extensive programs to combat human trafficking. 2. Demolish the markets: Great effort must be directed towards the demolition of markets generating profits to criminals. This involves many aspects, as the causes of human trafficking are diverse and complex, such as addressing the increasing demand of cheap labor and exploitative services, combating the establishment of criminal industries and networks which service such demands, and complex issues such as poverty, chronic discrimination against women and children, and lack of social and economic opportunities. Furthermore, distinct programs addressing childrens needs and situation specifically just be put in to place. Programs combating the alarming situation of street children, drug addiction, and abandoned or run away children, would greatly benefit children and limit offenders and traffickers access to vulnerable children.

3. Linkage between women and children:

Amy Penfold, Trafficking in Persons in North America (2004), online: Global Alliance Against Traffic in Women gaatw.net/working_papers/N%20America/United%20States%20Report.pdf (last consultation: January 26th, 2009), p.1.

125

30 Although women and children represent the majority of trafficked persons, this constant linkage between women and children is problematic. First of all the effects of abuse and exploitation are certainly different with women and children. Psychological and physical differences affect the rescue and recovery process. Secondly the constant linkage between women and children often encompasses the treatment of women as if they were children, denying women rights attached to adulthood. Lastly the legal process regarding recovery, repatriation, reintegration and prosecution process are distinct for women and children. Whereas children need legal guardians and specialized assistance, women need employment opportunities and help regaining control of their lives. This difference also affects the testimony of victims when so applicable. Child and adult testimony is managed very differently in court and throughout the legal process.

4. Awareness raising and training: Aggressive public campaigns coordinating media, the tourist industry, the industries highly linked to criminal activities such as exotic dancer clubs, domestic work and bride order industries are an effective means of prevention in vulnerable societies and target populations. These public information efforts should be coupled with antidiscriminatory measures and efforts against women and children. In addition to including the general public in the fight against human trafficking, directly related government and immigration agencies must be properly trained in order to detect, and protect potential victims of human trafficking. More aggressive media coverage and public knowledge could also affect the demand end of forced labor and exploitative services by informing them of the real situations victims live through as well as the legal and social risk they are taking when engaging in such activities. 5. Legal initiatives regarding victims: Government and immigration agencies must be sensitized to human trafficking victims situation and treat them accordingly. Too often victims are treated as criminals which furthers their psychological and physical traumas. Programs and initiatives for safe integration, reintegration, and resettlement of victims must be implemented regardless of victims immigration status. Victims should be provided with the right to seek asylum and temporary visas with economic assistance and employment opportunities. As for children, appropriate and specialized legal and guardian or foster care should be provided. Assistance to and the protection of victims should include: privacy, information on proceedings, access to justice, non discrimination towards victims, physical and psychological recovery, special requirements for children, safety and fair treatment of victims, measures to avoid deportation and safe repatriation as well as prevention of re-

31 victimization. Assistance and protection measure should not be conditional upon victim participation to investigation and prosecution of trafficking cases. Furthermore, legal and protection services should be available to the victims family both in the demand and source countries. Often, victims will not cooperate with the police because their families are in danger in their home countries.

6. Reduce vulnerability to human trafficking Many factors contribute to the vulnerability of people to human trafficking, among others poverty, inequality and restrictive immigration policies. North American States should find ways to tackle these vulnerability factors while reconciling their national security interests with their obligations under international human rights laws.

7. Increase cooperation Cooperation is an essential component of the combat against human trafficking, in each of its aspects. Governments agencies at the federal, state/province and local levels, local and international NGOs and international organizations should all be collaborate to end this evil. North American governments could collaborate with the investigation of trafficking cases and the prosecution of traffickers. Since the sharing of intelligence information is crucial in this matter, a trilateral database could help collect, analyze and disseminate such information. In order to enhance prevention of trafficking, Canada, Mexico and the United States could work together to identify common causes of trafficking, sectors in which the phenomenon is likely to take place, and prevention strategies which proved to be efficient. Cooperation is also important for the protection of victims, mainly when the victim is repatriated in their country of origin. Governments could cooperate together, as well as with NGOs and international organizations, in order to ensure the safe return of victims and that all required services are available. A trilateral organization could also facilitate cooperation between all relevant agencies and organizations.

32

Further readings
General literature on human trafficking Chuang, Janie, Redirecting the Debate over Trafficking in Women: Definitions, Paradigms, and Contexts, (1998) 11 Harv. Hum. Rts J. 65. European Commission, Report of the Experts Group on Trafficking in Human Beings (December 22nd, 2004), online: European Union ec.europa.eu/justice_home/doc_centre/crime/trafficking/doc/report_expert_group _1204_en.pdf. Pearson, Elaine, Human traffic, human rights: redefining victim protection, London, Anti-Slavery International, 2002. United Nations, Economic and Social Council, Recommended Principles and Guidelines on Human Trafficking. Report of the United Nations High Commissioner for Human Rights to the Economic and Social Council, E/2002/68/Add.1, May 20th, 2002. Available online at www.antislavery.org.au/pdf/UN_RecHRHT.pdf. United Nations Office on Drugs and Crime, An Introduction to Human Trafficking: Vulnerability, Impact and Action, Vienna, United Nations Office on Drugs and Crime, 2008, available online at www.ungift.org/docs/ungift/pdf/knowledge/background_paper.pdf. United Nations Office on Drugs and Crime, Human Trafficking: an Overview, Vienna, United Nations Office on Drugs and Crime, 2008, available online at www.ungift.org/docs/ungift/pdf/knowledge/ebook.pdf. United Nations Office on Drugs and Crime, Trafficking in Persons: Global Patterns (April 2006), online: UNODC www.unodc.org/documents/human-trafficking/HTglobalpatterns-en.pdf. U.S., Department of State, Trafficking in Persons Report, Washington, Department of State, 2008. Available online at www.state.gov/g/tip/rls/tiprpt/2008/.

United Nations Protocol: Ditmore, Melissa and Marjan Wijers, The negotiations on the UN Protocol on Trafficking in Persons, (2003) Nemesis 79. Gallagher, Anne, Human Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis, (2001) 23 Hum. Rts. Q. 975. Global Rights, Annotated Guide to The Complete UN Trafficking Protocol, Washington D.C., Global Rights, 2002. Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, December 15th, 2000, available online: UNODC www.unodc.org/documents/treaties/UNTOC/Publications/TOCConvention/TOCeb

33 ook-e.pdf (entered into force: December 25th, 2003). This document also contains the United Nations Convention against Transnational Organized Crime.

Human trafficking in North America Canada and U.S., Canada-tats-Unis. valuation binationale de la traite des personnes (2006), online : Public Safety Canada www.ps-sp.gc.ca/prg/le/_fl/1666ifr.pdf. Also available in English at www.publicsafety.gc.ca/prg/le/_fl/1666i-en.pdf. Gozdziak, Elzbieta M. and Elizabeth A. Collett, Research on Human Trafficking in North America: A review of literature, (2005) 43 International Migration 99. Penfold, Amy, Trafficking in Persons in North America (2004), online: Global Alliance Against Traffic in Women gaatw.net/working_papers/N%20America /United%20States%20Report.pdf (last consultation: January 26th, 2009), p.1. Shirk, David and Alexandra Webber, Slavery Without Borders: Human Trafficking in the U.S.-Mexican Context, (2004) 12 Hemisphere Focus 1.

Canadian policy on human trafficking Criminal Code, R.S., 1985, c. C-46, art. 279.01-279.04 (Canada). Immigration and Refugee Protection Act, 2001, c.27, art. 118 (Canada). Bruckert, Christine et Colette Parent, La traite des tres humains et le crime organis. Examen de la littrature, Ottawa, Gendarmerie royale du Canada, 2002. Canada, Citizenship and Immigration Canada, IP 1 Temporary Resident Permits (June 19th, 2007), online: Citizenship and Immigration Canada www.cic.gc.ca/English/resources/manuals/ip/ip01e.pdf, pp.23-29. Hanley, Jill, Jacqueline Oxman-Martinez, Marie Lacroix et Sigalit Gal, The deserving Undocumented? Government and Community Response to Human Trafficking as a Labour Phenomenon, (2006) 39 Travail, capital et socit 78. Oxman-Martinez, Jacqueline, Marie Lacroix and Jill Hanley, Victims of Trafficking in Persons: Perspectives from the Canadian Community Sector, Ottawa, Department of Justice Canada, 2005. Oxman-Martinez, Jacqueline, Jill Hanley et Fanny Gomez, Canadian Policy on Human Trafficking: A Four-year Analysis, (2005) 43 International Migration 7. Thobani, Sunera, Benevolent State, Law-Breaking Smugglers, and Deportable and Expendable Women: An Analysis of the Canadian States Strategy to Address Trafficking in Women, (2001) 19 Refuge 24.

Mexican policy on human trafficking Ley para prevenir y sancionar la trata de personas, (2007) Diario oficial de la Federacin (Martes 27 de noviembre de 2007) (Mexico).

34 Casillas, Rodolfo, La trata de mujeres, adolescentes, nias y nios en Mxico, Mexico D.F., Instituto Nacional de Migracin, 2006. Mexico, Comisin nacional de los derechos humanos, Programa contra la trata de personas 2008-2009 (2008), online: Comisin nacional de los derechos humanos www.cndh.org.mx/swf/2008/programa2008-Web.swf. Ogren, Cassandra, Migration and human rights on the Mexico-Guatemala Border, (2007) 45 International Migration 203.

American policy on human trafficking Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108-193 (U.S.A.). Trafficking Victims Protection Reauthorization Act of 2005, Pub. L. No. 109-163 (U.S.A.). Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (U.S.A.). William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub. L. 110-457 (U.S.A.). Bishop, Claire, The trafficking victims Protection Act of 2000: Three years later (2003) 41 International Migration 219. Chapkis, Wendy, Trafficking, Migration and the Law. Protecting Innocents, Punishing Immigrants, (2003) 17 Gender and Society 923. Free the Slaves & Human Rights Center, Hidden Slaves: Forced Labor in the United States (September 2004), online: Human Rights Center, University of California, Berkeley www.hrcberkeley.org/download/hiddenslaves_report.pdf. Harvard Law Review Association, Developments in the Law, Jobs and Borders, (2005) 118 Harv. L. Rev. 2171. Hyland, Kelly E., Protecting Human Victims of Trafficking: An American Framework, (2001) 16 Berkeley Womens L. J. 29. Rieger, April, Missing the mark: why the Trafficking Victims Protection Act fails to protect sex trafficking victims in the US, (2007) 30 Harvard Journal of Law and Gender 231. Ryf, Kara, The First Modern Anti-Slavery Law: The Trafficking Victims Protection Act of 2000 (2002) 34 Case W. Res. J. Intl L. 45. Sadruddin, Hussein, Natalia Walter et Jose Hidalgo, Human Trafficking in the United States: Expanding Victim Protection Beyond Prosecution Witnesses, (2005) 16 Stan. L. & Poly Rev. 379. Tiefenbrun, Susan W., Sex slavery in the United States and the law enacted to stop it here and abroad, (2005) 11 Wm. & Mary J. Women & L. 317. U.S., Department of Justice, Attorney Generals Annual Report to Congress and Assessment of the U.S. Government Activities to Combat Trafficking in Persons. Fiscal Year 2007, Washington, Department of Justice, 2008.