Library for Policy Makers

United Nations

United Nations High Commissioner for Human Rights Principles and Guidelines on Human Rights and Trafficking

2002

Discusses: (1) Promotion/protection of human rights; (2) Identification of trafficked persons and traffickers; (3) Ensuring adequate legal framework, law enforcement response; (4) Victim protection/support; (5) Preventing trafficking; (6) Special measures for protecting/supporting child victims; (7) Access to remedies; (8) Obligations of peacekeepers, civilian police, humanitarian/diplomatic personnel; (9) Cooperation/coordination between States and regions.

United Nations

Universal Declaration of Human Right

Article 4: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

United Nations on Drugs and Crime (UNODC)

UNODC Global Report on Trafficking in Persons

2012

The Report contains: (1) An overview of patterns and flows of trafficking in persons at global, regional and national levels, based on trafficking cases detected between 2007 and 2010 (or more recent); (2) Examination of the worldwide response to trafficking in persons; (3) Country Profiles presenting a national level analysis for each of the 132 countries covered by this edition of the report. “Its findings are deeply troubling,” including: (1) At least 136 different nationalities were trafficked and detected in 118 countries; (2) Trafficking in children is on the increase; (3) Conviction rates for trafficking are very low; (4) A “knowledge crisis” with respect to human trafficking persists; (5) In the U.S., the share of victims trafficked for forced labor accounted for more than 70% of the total number of victims during the reporting period. The Report supports: (1) the Global Plan of Action’s “4Ps” approach: prevention, protection, prosecution, partnerships against trafficking in persons.

United Nations on Drugs and Crime (UNODC)

UNODC Human Trafficking Case Law Database

UNODC developed a human trafficking case law database to provide public access to officially documented instances of this crime from over 40 countries. The database details victims’ and perpetrators’ nationalities, trafficking routes, verdicts, statistics on numbers of prosecutions and convictions, real-life stories of trafficked persons as documented by the courts. UNODC Human Trafficking Case Law Database provides immediate, public access to officially documented instances of this crime. The database contains details on the nationalities of victims and perpetrators, trafficking routes, verdicts and other information related to prosecuted cases from around the world. As such, it provides not only statistics on the number of prosecutions and convictions, but also the real-life stories of trafficked persons as documented by the courts.

Northern Illinois University Law Review

What is the Monetary Value of Slave Labor?: Restitution Based on a Traditional Fair Market Value Valuation Basis May Not Fully Compensate Human Labor Trafficking Victims

B. Greer — Summer 2011

Addresses: (1) Necessity for an authoritative restitution implementation scheme for victims of forced labor human trafficking; (2) Variation in monetary recovery for forced labor depending on underlying civil causes of action asserted; (3) Restitution as the first, best opportunity to accurately calculate value of forced labor; (4) Rejection of traditional fair market value calculation based on a freely negotiated exchange in forced labor cases; (5) Foreclosing traffickers from asserting traditional fair market value computation; (6) California Penal Code §1202.4(Q)’s more equitable methods of calculating restitution to maximize victim recovery.

Boston College Third World Law Journal

Women and Children Last: The Prosecution of Sex Traffickers as Sex Offenders and the Need for a Sex Trafficking Registry

Geneva Brown — 2011

Proposes that an international database be maintained to track the location of prosecuted sex traffickers, similar to the sex offender registry in the U.S., as a means to deter and decrease sex trafficking, raise public awareness, and provide an effective apparatus for law enforcement agencies to prevent and prosecute sex trafficking.

Huffington Post

Zero Tolerance Should Not Mean Zero Action

D. Isenberg — Sept. 18, 2012

Discusses gaps in the TVPA, Military Extraterritorial Jurisdiction Act (MEJA, which provides a jurisdictional basis for application of anti-trafficking laws to civilian contractors), and military trials (through grant of jurisdiction in Uniform Code of Military Justice) that hinder effective prosecution of trafficking offenses, including weaknesses in the TVPA’s statutory definitions, MEJA’s limited applicability to persons “supporting the mission of the DOD,” and deficiencies in the UCMJ anti-prostitution provisions; supports amendment of UCMJ to create two new offenses under military law: human trafficking and aggravated human trafficking.