UN expert calls for continued efforts against trafficking
in persons in the US, with a stronger focus on labor exploitation
GENEVA (20 December 2016) – At the end of her first
official visit* to the United States of America, the Special Rapporteur on
trafficking in persons, Maria Grazia Giammarinaro, called for more effective
action to detect cases of trafficking for forced labor and labor exploitation
and to provide workers with remedies, including compensation.
The United States does have an impressive number of laws
and initiatives to prevent and combat trafficking in persons says Special
Rapporteur Giammarinaro, including the Victims of Trafficking and Violence
Protection Act of 2000, which has been re-authorized and amended four times.
“This is an indication of the ongoing commitment to address emerging forms of
trafficking in persons, and adopt a victim centered approach,” the human rights
expert said. She also acknowledged the recent Justice for Victims of
Trafficking Act of 2014, which further strengthens the role of survivors to
provide strategic advice to the Government. “I urge the new administration to
ensure that this important endeavor continues”.
While the U.S.’s anti-trafficking action has mostly
focused on trafficking for sexual exploitation, the Special Rapporteur calls
for a coordinated approach to improve proactive responses to better protect
vulnerable populations and to detect situations of trafficking for labor
exploitation, forced and organized begging and trafficking for organ removal.
“In order to identify trafficking and protect trafficked
persons’ rights, it is necessary to adopt a preventive approach and minimize
vulnerabilities of people exposed to trafficking, especially undocumented
migrants,” Ms Giammarinaro said. “For example, the temporary visa for migrant
workers, in the agriculture or in other sectors, which ties every worker to a
particular employer, exposes them to the risk of exploitation and trafficking,
as they are prevented from denouncing exploitation for fear of losing their job
or their residence status.”
Prevention must also be strengthened, particularly in
relation to labor trafficking in the supply chains. “I praise the government
for its zero tolerance policy against trafficking for labour exploitation in
relation to public acquisitions in federal contracts. I also note that
considerable efforts will now be required to implement and enforce these
measures,” she said.
Regarding trafficking for sexual exploitation, she urges
the competent authorities to stop the practice of arresting persons engaging in
prostitution – especially women, girls and LGBTI. “They are potential victims
of trafficking. However, the fear of prosecution, detention and expulsion is a
major obstacle for trafficked persons who want to report their traffickers and
exploiters,” she warned.
Ms. Giammarinaro also said it is imperative to ban the
detention of children.“In particular, I urge States that have not yet done so,
to pass ‘safe harbour’ laws so that sexually exploited children are protected
from prosecution and detention”
“I am concerned that in some states there is a shortage
of shelters and services for victims. I call for increased funding to
non-profit organizations and public agencies that provide services to victims,
especially long term housing solutions.”
The need for consistency between anti-trafficking and
immigration policy is also crucial stresses Ms Giammarinaro. “Walls, fences and
laws criminalizing irregular migration do not prevent human trafficking,” she
said. “On the contrary, they increase
the vulnerabilities of people fleeing conflict, persecution, crisis situations
and extreme poverty, who can fall easy prey to traffickers and exploiters.”
The Special Rapporteur said trafficked persons’
applications for immigration relief -
which enables them to regularize their status should be sped up and claimants must be able to work while
they awaiting a final decision.
“This will have a powerful impact on the process of
regaining ownership of their lives, their sense of independence and freedom and
their economic empowerment,” Ms. Giammarinaro said.
Figures for 2015 show that 75% of reported cases within
the US were related to sex trafficking, 13% labor trafficking, 3% sex and labor
trafficking and 9% not specified. Women and girls, migrant workers,
unaccompanied and separated children, people fleeing conflict, young people
running away from home, Native Americans, people from the LGBTI community and
domestic workers - including those in diplomatic households - are at particular
risk for labour and sex trafficking.
During her nine-day visit, the expert travelled to
Washington DC, New York, California and Texas, where she met with victims,
officials at Federal, State and local levels, representatives from civil
society and businesses.
(*) Read the Special Rapporteur’s end-of-mission
statement:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21049&LangID=E
ENDS
Ms. Maria Grazia Giammarinaro (Italy) was appointed as
Special Rapporteur on trafficking in persons, especially women and children by
the UN Human Rights Council in June 2014. She has been a Judge since 1991 and
currently serves as a Judge at the Civil Court of Rome. She was the Special
Representative and Co-ordinator for Combating Trafficking in Human Beings of
the OSCE, and served in the European Commission’s Directorate-General for
Justice, Freedom and Security in Brussels, where she was responsible for
combating human trafficking and sexual exploitation of children. Ms.
Giammarinaro drafted the EU Directive on preventing and combating trafficking
in human beings and protecting its victims. Learn more, log on to:
http://www.ohchr.org/EN/Issues/Trafficking/Pages/TraffickingIndex.aspx
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity.
UN Human Rights, country page – United States:
http://www.ohchr.org/EN/countries/LACRegion/Pages/USIndex.aspx
For more information and media inquiries, please contact
Selma Vadala (+41 22 917 9108 / svadala@ohchr.org), Thibaut Guillet (+41 22 917
9674 / tguillet@ohchr.org) or write to srtrafficking@ohchr.org.
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