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The Exploitation of Women and Children: A Comparative Study of Human Trafficking Laws between the United States-Mexico and China-Vietnam

 

By Christina T. Le

 

Christina T. Le received her J.D. from the University of Houston Law Center and a B.S. summa cum laude in journalism from Northwestern University.  She was President of the Public Interest Law Organization and Senior Articles Editor of the Houston Business & Tax Law Journal.  She received a Distinguished Service Award and the Joan Glantz Garfinkel Award for her work on civil liberties.  During law school, she worked with victims of human trafficking as a student attorney in the Law Center’s Immigration Clinic and as a volunteer at Boat People SOS and YMCA International Services.  She has been accepted to the U.S. Attorney General Honors Program and will serve as Judicial Law Clerk to the U.S. Immigration Court in Houston.

 

Published August 2007
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Table of Contents

Introduction

Roadmap and Structure

                  United States and Mexico

                  China and Vietnam

Conclusion

Annotated Bibliography

                  General

                  United States and Mexico

                  China and Vietnam

Introduction

The United States Department of State estimates 600,000 to 800,000 people are trafficked across international borders each year, the majority of whom are women and children.[1]  In their efforts to find a better life, they become victims of vicious traffickers.  Human trafficking is usually defined as, inter alia, forced sexual exploitation, involuntary servitude, or debt bondage.[2]  Although the United Nations and international community in general have expressed their disdain for human trafficking and have recognized the evils and needs for protection of victims, there have been few substantive global efforts to address the problem and find a solution 

 

In 1999 the United Nations Office on Drugs and Crime and the United Nations Interregional Crime and Justice Research Institute established the Global Program against Trafficking in Human Beings to track organized crime activity in human trafficking and to assist member nations to develop effective criminal justice responses.[3]  One year later, the United Nations passed The UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children (“UN Protocol to Prevent Trafficking”) [4] and The UN Protocol against the Smuggling of Migrants by Land, Sea and Air (“UN Protocol Against Smuggling”) [5], both supplementing the United Nations Convention against Transnational Crime.[6]  The preamble of the UN Protocol to Prevent Trafficking stated:

 

…effective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking, including by protecting their internationally recognized human rights…[7]

 

Despite the lofty goals in the preamble, the international community still remains far removed from implementing an effective comprehensive international approach to combat human trafficking.

 

The trafficking of persons is a growing epidemic that must be addressed and combated.  But in order to efficiently fight this global problem the international community must understand the causes of human trafficking, the parties behind such trafficking, and the various methods countries are using to address the problem.  This research program aims to provide the international community with the background information necessary to adopt an efficient and successful global campaign against the trafficking of human beings.

 

Roadmap & Structure

This paper seeks to understand the push and pull effects of human trafficking and to determine what may be the appropriate government practices to combat the problem.  The research will focus on two parallel country conditions: United States-Mexico and China-Vietnam.  The four countries on both sides of the world are experiencing similar problems with human trafficking.  Preliminarily, the push and pull causes of human trafficking between the countries appear to be quite similar with the more affluent countries, China and the United States as the receiving country.   The United States and China with better economic opportunities are seeing an influx of trafficking victims into their country from their southern neighbors.  However, the policies the countries choose to address their human trafficking problems are quite different.  The United States has a unilateral enforcement approach to stop human trafficking[8] whereas China has a bilateral approach in working with Vietnam to address the situation.[9]  How each respective country has chosen to deal with the problem provides a great opportunity for research and analysis.

United States & Mexico

Seventeen thousand people are trafficked from Mexico into the United States each year, and despite encouragement by the State Department to work together, there are little cooperative efforts between the two countries to combat trafficking.[10] 

 

In 2000, the United States Congress enacted the Victims of Trafficking and Violence Protection Act of 2000 (“TVPA 2000”) to increase punishment for human traffickers and provide greater protection for victims of human trafficking.[11]  The act was passed in response to the “millions of people, primarily women and children” who are trafficked every year.[12]  Legislative debate showed TVPA 2000 was “designed to ensure that our government uses its influence around the world to stop this abominable trafficking in human beings.”[13]   The TVPA 2000 called for the State Department to establish the Office to Monitor and Combat Trafficking.[14]  Additionally, it required the State Department to publish annual reports assessing international human trafficking and to provide sanctions against significant violator countries.[15]  TVPA 2000 was reauthorized in 2003 to provide additional funding.[16]

 

In 2001, Mexico had no specific laws prohibiting trafficking.[17]  Additionally, the government does not maintain statistics on trafficking, and the State Department reported no known prosecutions of traffickers.[18]  During 2005, the Mexican Senate unanimously passed comprehensive anti-trafficking legislation, but there has been no further action on the legislation.[19]

 

The research will first examine the United States’ punish and protect method under the Victims of Trafficking and Violence Protection Act.[20]  Preliminarily, it seems the United States chooses to deal with traffickers and trafficking victims on a case-by-case basis.  The government uses federal laws to punish and then deport alien traffickers.[21]  As for victims who are trafficked into the country, the government slowly has begun to issue “T-visas” for those who cooperate with law enforcement and satisfy hardship requisites.[22]  These visas are not guaranteed to every trafficking victim, and those who do not qualify for the T-visa find themselves in deportation proceedings and removed from the United States.[23]  In fiscal year 2004, the Department of Homeland Security received 520 applications for a T-visa, but only issued 136 approvals; the majority of the applicants were denied and eventually deported.[24]  Once deported, these people often fall victim to trafficking once again and return to the United States.  In the past, the United States government rarely worked with Mexico towards a solution for human trafficking.  Instead, it chose to unilaterally deal with the trafficking situation within its country and to deport parties involved.  This has not fixed the problem, and trafficking into the United States by way of Mexico continues to increase each year.

China & Vietnam

The second part of the research will examine the China-Vietnam trafficking situation.  Human trafficking continues to plague Vietnam, and in particular, trafficking of human beings across the Vietnam-China border has forced governments from both countries to pass tough anti-trafficking legislations and work together towards a solution.[25]  Both China and Vietnam have criminal sanctions in their penal codes to prosecute human traffickers.[26]  Additionally, the two countries have engaged in high level discussions on border security and crime.[27]  

 

In May 2000, government officials from both countries met in Vietnam to discuss a joint strategy to combat border trafficking.[28]  The U.N. Office of Drugs and Crime reports that in 2001, “Viet Nam and China signed a bilateral agreement on cooperation in preventing and combating crime, social order and security, which includes cooperation on human trafficking.”[29]  In 2005, after three meetings for the Coordinated Mekong Ministerial Initiative against Trafficking in the Greater Mekong Sub-region (COMMIT), Vietnam and China, along with four other Southeast Asian countries agreed on an action plan to fight human trafficking in the region.[30]

 

Of course, these joint efforts have not been able to stop the trafficking problem, but they have resulted in several notable joint law enforcement stings and shutdowns of several human trafficking organizations.[31]  The joint effort led to the discovery of 46 human trafficking cases during the first six months of 2005, which led to the arrest of 75 traffickers and rescue of 109 victims.[32]

 

The two countries have worked together to punish the traffickers involved and to help the trafficking victims through their ordeal.  Unlike the United States, China does not grant visa benefits to trafficking victims.  Instead, it participates in transfer and rehabilitation centers for victims and repatriates them back to Vietnam.  The countries also have awareness campaigns with UNICEF as a preventive measure.[33]  Unfortunately, even such cooperative efforts have not been able to stem the wave of human trafficking.[34]

 

Thirdly, the research will evaluate the current international efforts by the United Nations and other organizations to stop human trafficking.  In light of these endeavors, this paper examines the Vietnamese and Chinese governments’ cooperative legislative and enforcement approach to combat human trafficking, and compares it to a more unilateral legislative approach taken by the United States.  The objective of this paper is to determine the effectiveness of each method in reducing human trafficking and what the appropriate measures may be. 

 

Conclusion

A comparison study of the human trafficking situation in China-Vietnam and United States-Mexico will provide a great contrast of international policies pursued by the countries.  The end goal is to determine which countries’ bilateral or unilateral approaches are most effective and what methods the international community should adopt in its global effort to stop human trafficking.  The research concludes that an effective method is a hybrid strategy combining tougher punitive measures for traffickers, greater protection, rights, and benefits for victims, and better government and law enforcement cooperation among origin, transit, and receiving countries.

 

Annotated Bibliography

General

1) Government Resources

The UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, G.A. Res. 55/25, annex II, U.N. GAOR, 55th Sess., Supp. No. 49, at 60, U.N. Doc. A/45/49 (Vol. I) (2001).  This is one of two protocols that was part of initial international efforts to combat human trafficking.  It declares a need for comprehensive international approach and measures to prevent and punish traffickers and to protect victims.  It requires each state to criminalize trafficking, protect victims, and exchange information and training.  Through this source, we can understand the obligations of each signatory.  We also have a foundation for the requisites of international legislation and approach to fight human trafficking.

 

The UN Protocol against the Smuggling of Migrants by Land, Sea and Air, G.A. Res. 55/25, U.N. GAOR, 55th Sess., Supp. No. 49, at 65, U.N. Doc. A/45/49 (Vol. I) (2001).  This protocol requires a comprehensive international approach to prevent trafficking of persons internationally.  It also requires criminalization, protection, and information exchange.  This source is important in context with the other United Nations convention and protocol.

 

The United Nations Convention against Transnational Crime, G.A. Res. 55/25, Annex I, U.N. GAOR, 55th Sess., Supp. No. 49, at 44, U.N. Doc. A/45/49 (Vol. I) (2001).  This is the foundation for the other two United Nations protocols listed above.  The purpose of this Convention was to “prevent and combat transnational crime.”  It seeks to establish uniform criminalization of participation in an organized crime group and measures taken to get at assets.  This Convention is important in context with the other two protocols.

 

2) Electronic Resources

UN Office on Drugs and Crime – Global Program against Trafficking in Human Beings.  This UN web site provides information on the UN protocols related to human trafficking and signatory status of each protocol.  The site also releases a report on global patterns of trafficking, cooperation projects with different countries, and awareness campaigns.  This source is important to understand the various steps the United Nations has taken to combat human trafficking.

 

Coalition Against Trafficking in WomenThis is the web site of an NGO that focuses on women’s rights and sex trafficking of women and girls around the world.  The site provides information on various global campaigns, programs, and projects that combat human trafficking.  It also is a good resource for news articles about human trafficking in countries throughout the world.

 

3)         Articles

Mohamed Y. Mattar, Incorporating the Five Basic Elements of a Model Antitrafficking in Persons Legislation in Domestic Laws: From the United Nations Protocol to the European Convention, 14 Tul. J. Int’l & Comp. L. 357 (2006).  Article gives a comparative study of various anti-trafficking legislations and provides a model framework for trafficking legislation.  It gives five requirements: 1) criminalizing of all forms of trafficking, 2) identifying victims and guaranteeing basic human rights, 3) adopting comprehensive prevention, protection, provision, prosecution, and participation approaches, 4) targeting all actors in human trafficking organization, and 5) acknowledging human trafficking as an international crime.  It is a great article for a basic framework of anti-trafficking legislation, with a broad overview and evaluation of the various legislations already in place in the international system.  Furthermore, its model framework idea is extremely helpful as a launch pad for a more comprehensive recommendation to the international community.

 

Note, Remedying the Injustices of Human Trafficking Through Tort Law, 119 Harv. L. Rev. 2574 (2006).  The note explores a novel idea about the potation for civil redress for human trafficking victims under tort claims in the United States.  The paper first gives an overview of tactics used by traffickers to bring victims into the United States and then examines the forced labor conditions.  It then critiques the protections afforded to victims under the current legislative framework and argues for civil causes of action, using California law as a model.  The article helps the research in understanding how traffickers lure their victims and the conditions of forced labor within the United States.  Additionally, the argument for tort claims is an interesting and new idea that can possibly be explored further to determine its feasibility in the international legal framework.

 

Linda Smith & Mohamed Mattar, Creating International Consensus on Combating Trafficking in Persons: U.S. Policy, the Role of the UN, and Global Responses and Challenges, 28 WTR Fletcher F. World Aff. 155 (2004).  The paper gives a general overview of the United States’ and United Nations’ approaches to combating human trafficking.  It identifies several problems in the international community that contributes to the proliferation of human trafficking.  It also gives fairly broad recommendations for countries to take preventive, protective, and legislative measures to fight trafficking.  This paper is good for research because it focuses more on the United Nations protocols and international framework. 

 

Mohamed Y. Mattar, Trafficking in Persons: An Annotated Legal Bibliography, 96 Law Libr. J. 669 (2004).  It begins with general information about human trafficking, giving an expansive definition.  The bibliography itself covers a broad array of what the author considers to be human trafficking, and it also focuses on international human rights law and trafficking legislation in various countries including the United States, China, and Southeast Asia. This is an extremely comprehensive resource tool with annotations on dozens of articles in the field.  It cuts out half of the research work.  Great source to use for further research on human trafficking, although some of the articles are a bit old.

 

Shaheen P. Torgoley, Comment, Trafficking and Forced Prostitution: A Manifestation of Modern Slavery, 14 Tul. J. Int’l & Comp. L. 553 (2006).  The paper looks at specific experiences of victims who were trafficked and forced into prostitution. It looks at the historical development of trafficking and prostitution, and then the modern recruitment of women for trafficking and prostitution.  The conclusion explores a legal framework to combat the problem under the Thirteenth Amendment outlawing slavery and indentured servitude.       This is a good source for information about prostitution and indentured servitude.  It provides the Thirteenth Amendment as a unique argument and method for the legal fight against human trafficking.

 

Robin M. Rumpf, U.N. Reports, The New Slavery: The United Nations Interregional Crime & Justice Research Institute’s Global Program Against Trafficking in Human Beings, 19 N.Y.L. Sch. J. Hum. Rts. 879 (2003).  This report provides an overview of the U.N.’s Global Program Against Trafficking in Human Beings.  It discusses the four phases that will be implemented to track organized crime involvement in human trafficking.  This is a good resource for more detailed information about the GPAT’s method to track organized crime.

 

Shelley Case Inglis, Expanding International and National Protections Against Trafficking for Forced Labor Using a Human Rights Framework, 7 Buff. Hum. Rts. L. Rev. 55 (2001).  Article examines human trafficking within a human rights framework, specifically focusing on forced labor.  It evaluates current proposed solutions by governments, international organizations, and NGOs to address the problems.  The article lays the foundation for viewing human trafficking within a human rights framework.

 

Amy Fraley, Note, Child Sex Tourism Legislation Under the Protect Act: Does it Really Protect?  79 St. John’s L. Rev. 445 (2005).  The article explores the problem of child sex tourism and focuses on the evolution of United States legislation including amendments adopted as part of the Prosecuting Remedies and Tools Against the Exploitation of Children Today Act of 2003.  It then discusses a comparative analysis of the United States approach to the problem measured against approaches in several other Western countries.  The paper concludes with “benchmarks” for effective legislation and calls for international collaboration and unity to prosecute child sex tourism.  Although the article is not generally about human trafficking, it focuses on a very big effect of trafficking—child exploitation.  This is an in-depth study of this particular area, which is perhaps the most dangerous and byproduct of human trafficking.  Furthermore, it provides a great comparative analysis of methods utilized by the United States and other countries.  It is a good starting ground for further research and recommendation for approaches to combating human trafficking and child exploitation.

 

United States & Mexico

1) Government Resources

Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000).  This legislation is the foundation of the United States’ legal framework in protecting victims of human trafficking.  It establishes an office within the State Department to monitor trafficking and publish annual reports on human trafficking.  It also provides a means for victims to remain in the United States if they satisfy certain requisites including cooperation with law enforcement and proof of specific hardships if returned.  When analyzing the United States’ legal efforts to fight human trafficking, we must look to this statute to determine how it is treating victims.  This will be our main source in the comparison analysis with other countries.

 

Victims of Trafficking and Violence Protection Reauthorization Act of 2003, Pub. L. No. 108-193, 117 Stat. 2875 (2003).  This law renews the TVPA 2000 law.  It also extends benefits to spouses and children of trafficking victims who qualify for visas.  This legislation shows TVPA 2000 is still good law.

 

146 Cong. Rec. H2675 (daily ed. May 9, 2000) (statement of Rep. Smith).  The debate is from the House’s consideration and passage of bill H.R. 3244, which ultimately was enacted as TVPA 2000.  The record shows the text of the original bill, and the representative’s speech on the floor of the House highlights all of the important concerns during deliberations and passage of the Act.  Knowing the legislative history is important to understand the particular methods the United States has chosen to take in combating human trafficking.

 

United States of America Department of State, Trafficking in Persons Report (July 2001).   The first report by the State Department was 102-pages black and white, shedding light on the “severe forms of trafficking in persons” into the United States that had been mostly ignored by law enforcement officials and unnoticed by the general public.  That year, the State Department estimated at least 700,000 persons were trafficked across international borders each year, and specifically, 45,000 to 50,000 people were trafficked into the United States annually.  The report set out the minimum standards for eliminating trafficking, and evaluated every country according to a three-tier system.  This is a great resource to compare country conditions at the beginning of the millennium and see if progress has been made.

                                                

United States of America Department of State, Trafficking in Persons Report (June 2006)

The State Department’s latest report is 293-pages of color with comprehensive information about not only country evaluations, but also victims’ stories and international programs and campaigns.  This report provides a great depth of information to understanding the current state of human trafficking and the United States’ perspective and active role in the situation.

 

2) Electronic resources

Department of State – Office to Monitor and Combat Trafficking in Persons.  This is the web site for the office that was established by TVPA 2000.  The office provides general information and fact sheets about human trafficking and efforts to combat trafficking by both U.S. and foreign governments.  Notably, the Office publishes the annual “Trafficking in Persons Report” each summer.  The site has links to download all of the reports.

 

Department of Homeland Security – Immigration and Customs Enforcement, News Releases.  This site contains many government news releases about arrests and prosecutions of immigration violators, including human trafficking cases.

 

3) Articles

Salvador A. Cicero-Dominguez, Assessing the U.S.-Mexico Fight Against Human Trafficking and Smuggling: Unintended Results of U.S. Immigration Policy, 4 Nw. U. J. Int’l Hum. Rts. 303 (2005).  The article focuses on the U.S.-Mexico relationship with particular emphasis on the Mexican legal system and law enforcement cooperation between the two countries.  It criticizes the United States’ unilateral deportation policies and more stringent immigration rules, which may contribute to the increased criminal activity in human trafficking.  The paper also reviews new developments and proposed social and policy measures to address the situation. This article is probably the most recent evaluation of the U.S.-Mexico relationship and human trafficking situation, so it provides current information about the policies both countries are pursuing to stop human trafficking.  It also has an evaluation of the current state practices and the effects and impacts of those practices on each country.  This information is probably difficult to discover elsewhere.

 

The following are news articles about the U.S. anti-trafficking efforts:

        Eric Green, State Dept. Urges U.S., Mexico Fight Human Trafficking Together: About 17,000 people trafficked into United States from Mexico each year, Oct. 7, 2004.

        Department of Homeland Security, Immigration Customs Enforcement, News Release, 3 Plead Guilty to Charges Involving Forcing Young Mexican Women into Sexual Slavery in N.Y.: Prosecution is one largest sex trafficking cases to date under the Trafficking Victims Protection Act, Apr. 5, 2005.

        Police bust large Arizona human trafficking ring, Reuters, Oct. 30, 2006

China & Vietnam

1) Government Resources

Decision of the Standing Committee of the National People’s Congress Regarding the Severe Punishment of Criminals who Abduct and Traffic in or Kidnap Women or Children, Sept. 4, 1991, available at www.lawinfochina.com.  The 1991 criminal law is designed to protect “personal safety of women and children and maintain the public security order.”  It proscribes 5-10 years imprisonment and fines of up to 10,000 yuan for certain offenders, and the death sentence and confiscation of property for ringleaders and other more severe crimes related to trafficking and kidnapping of women and children.  This seems like a very powerful domestic law to deal with human trafficking.

 

Supplementary Provisions of the Standing Committee of the National People’s Congress on the Severe Punishment of the Crimes of Organizing or Transporting Other Persons(s) to Illegally Cross the National Border (Frontier), Mar. 5, 1994, available at www.lawinfochina.com.  The law proscribes 2-7 years imprisonment and fines for offenders who transport people across China’s borders illegally.  It provides the death sentence for offenders who engage in more serious crimes (e.g. murder, rape, etc.) during the commission of the transport.  The law also punishes fraudulent documentation.  This is another good law to deal with human trafficking, especially through the China-Vietnam border.

 

Vietnam Penal Code.  The English translation shows that Vietnamese domestic laws have various sections that may be pertinent to human trafficking.  Sections 114 and 115 is on sexual abuse of children, and section 120 is prohibits the trade or fraudulent exchange of children.  Section 119 deals with trafficking in women, and section 128 makes forced labor illegal.  For the research, it is helpful to know what domestic laws are available to prosecute traffickers and protect victims.

 

Temporary pact between China and Vietnam on border control, July 18, 2003, requiring visas and valid travel documents for Vietnamese citizens who enter China to visit friends, relatives, or for medical or trade purposes.  The law specifically calls for people under 16 years of age to produce valid documentation.  The text of the law is in Chinese.  The law is evident of China’s growing concern regarding trafficking and border security with Vietnam.

 

UNODC, Press Release, Viet Nam, China and UNODC Meet in Ho Chi Minh City for Cross-Border Cooperation to Fight Human Trafficking, June 21, 2006.  The press release discusses a 2001 bilateral agreement that Vietnam and China signed on cooperation to combat crime and human trafficking.  An English source of the agreement has not been found, but the press release is a secondary source to show such agreements have been signed between the two countries.

 

UNICEF, UNODC, and Vietnam Ministry of Justice, Assessment of the Legal System in Vietnam: In Comparison with the United Nations Protocols on Trafficking in Persons and Smuggling of Migrants, Supplementing the United Nations Convention Against Transnational Organized Crime (Apr. 2004).  The report examined Vietnam’s legal compliance with the UN Protocols on Human Trafficking.  It follows a six-week training program that UNICEF and the UNODC carried out in Vietnam during the Spring 2004.  It is a great report to understand the state of Vietnamese law enforcement capacity, legislation, and judicial responses to human trafficking.

 

Combating Human Trafficking in Asia: A Resource Guide to International and Regional Legal Instruments, Political Commitments and Recommended Practices (U.N. Publications: New York City 2003).  This resource guide identifies the international and regional legal instruments that can be used to combat the trafficking in persons and other related forms of exploitation such as human rights, slavery and slavery-like practices, migration, labor and gender. It also provides recommendations to governments in strengthening and improving their law enforcement response to meet the requirements of international instruments. Important United Nations conventions on human rights, slavery, transnational organized crime, migrant workers, women, labor, wages, and child welfare examined. The guide is mainly targeted to governments in the Asia region and law enforcement officials in order to increase their capacity to effectively combat trafficking in persons.

 

2) Web Resources

International Labour Organization, Project to Combat Trafficking in Children and Women.  The ILO web site provides information on the Mekong Sub-Region’s effort to eliminate human trafficking, focusing mainly on child labor.  It covers Vietnam and the Yunnan Province of China, among other countries.  The site provides analysis and research reports on the situation of labor exploitation in the region.  It is a great research tool for background information and links to research and publications.

 

HumanTrafficking.org – A great web resource for news and information on human trafficking East Asia and Pacific countries.  There is great background information on the trafficking situation in both China and Vietnam, as well as agencies, laws, action plans/initiatives, and news updates related to human trafficking in the two countries.

 

3) Articles

Yi Wang, Trafficking in Women and Children from Vietnam to China: Legal Framework and Government Responses, Anti-Human Trafficking Program in Vietnam (Oxfam: Quebec 2005).  This study is the profile overview of the human trafficking situation from Vietnam to China.  It discuses the various international treaties the countries have or have not signed, and it also looks at the bilateral treaties between the two countries to combat human trafficking.  Research information on the Vietnam-China cross-border trafficking problem is difficult to come by as most sources are in Chinese or Vietnamese.  This study publication is a wonderful asset for the researcher to understand the China-Vietnam situation and see the types of bilateral efforts sustained in the process.  Furthermore, the study leads to specific treaties and agreements to aid the research.

 

Nancie Caraway, Human Rights and Existing Contradictions in Asia-Pacific Human Trafficking Politics and Discourse, 14 Tul. J. Int’l & Comp. L. 295 (2006).  The article examines debt bondage, prostitution, and forced labor human trafficking in Asia, particularly Southeast Asia.  It looks at the supply-and-demand reason for trafficking, and argues complicity by Western nations as a reason for increased human trafficking.  The author sees free market effects create a lack of punishment for trafficking because the market sees it as no crime committed.  It is a great new concept and reasoning for human trafficking.  The new concept is wonderful to read and look at it from an economics perspective, and seeing how the need by rich countries is actually proliferating the trafficking of the most vulnerable human beings.  This is another reason to consider in the research for understanding push and pull mechanisms of human trafficking.

 

The following are news articles China and Vietnam’s joint anti-trafficking efforts:

   The Ministry of Public Security of the People’s Republic of China, Press Release, Feb. 2, 2006 (in Chinese).

   China, Vietnam launch anti-trafficking campaign, People’s Daily Online, June 4, 2004.

   China, Vietnam join hands to fight cross-border trafficking in women, UNICEF.

   Campaign to stop trafficking in women and children between Viet Nam and China, UNICEF, June 3, 2004.

   Six Asian nations act to stop human trafficking, Reuters, Mar. 31, 2005.

   Vietnam-China trafficking on rise, BBC News, Jan. 24, 2006.

   No red lights for trafficking women to China, Inter Press Service News Agency, Feb. 10, 2006.

   China issues plan to combat human trafficking, Xinhua News, July 12, 2006.

   China, Vietnam vow to step up co-p against cross-border crimes, Xinhua News, Oct. 12, 2006.

 



[1] United States of America Department of State, Trafficking in Persons Report (June 2006), available at http://www.state.gov/documents/organization/66086.pdf.

[2] See U.S. and U.N. statutory definitions.  Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000) [hereinafter TVPA 2000].  G.A. Res. 55/25, annex II, U.N. GAOR, 55th Sess., Supp. No. 49, at 60, U.N. Doc. A/45/49 (Vol. I) (2001), available at http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_%20traff_eng.pdf  [hereinafter UN Protocol to Prevent Trafficking].

[3] U.N. Office on Drugs and Crimes, Trafficking in Human Beings, http://www.unodc.org/unodc/en/trafficking_human_beings.html

[4] UN Protocol to Prevent Trafficking.

[5] G.A. Res. 55/25, U.N. GAOR, 55th Sess., Supp. No. 49, at 65, U.N. Doc. A/45/49 (Vol. I) (2001), available at http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_smug_eng.pdf  [hereinafter UN Protocol Against Smuggling].

[6] G.A. Res. 55/25, Annex I, U.N. GAOR, 55th Sess., Supp. No. 49, at 44, U.N. Doc. A/45/49 (Vol. I) (2001), available at http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_eng.pdf.

[7] UN Protocol to Prevent Trafficking, Preamble.

[8] Salvador A. Cicero-Dominguez, Assessing the U.S.-Mexico Fight Against Human Trafficking and Smuggling: Unintended Results of U.S. Immigration Policy, 4 Nw. U. J. Int’l Hum. Rts. 303 (2005).

[9] See generally Yi Wang, Trafficking in Women and Children from Vietnam to China: Legal Framework and Government Responses, Anti-Human Trafficking Program in Vietnam (Oxfam: Quebec 2005).

[10] Eric Green, State Dept. Urges U.S., Mexico Fight Human Trafficking Together, Oct. 7, 2004, http://usinfo.state.gov/gi/Archive/2004/Oct/07-948192.html.

[11] TVPA 2000. 

[12] 146 Cong. Rec. H2683 (daily ed. May 9, 2000) (statement of Rep. Smith).

[13] Id.

[14] TVPA 2000, § 105.

[15] Id. at § 110.

[16] Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108-193, 117 Stat. 2875 (2003).

[20] TVPA 2000, section 107.  See also INA § 101(a)(15)(T).

[21] Cicero-Dominguez, supra note 8.

[22] See TVPA 2000, section 107; INA § 101(a)(15)(T).

[23] Id.

[25] See generally Wang, supra note 9.

[26] See e.g., Decision of the Standing Committee of the National People’s Congress Regarding the Severe Punishment of Criminals who Abduct and Traffic in or Kidnap Women or Children, Sept. 4, 1991, available at www.lawinfochina.com; Vietnam Penal Code §§ 114, 115, 119, 120, 128.

[27] Temporary pact between China and Vietnam on border control, July 18, 2003, available at http://www.ga.yn.gov.cn/admin/news/zcfg/news2003071818.shtmlSee also Wang, supra note 9, at 22-23.

[28] HumanTrafficking.org, Vietnam Government Action Plan, http://www.humantrafficking.org/action_plans/16

[29] UNODC, Press Release, Viet Nam, China and UNODC Meet in Ho Chi Minh City for Cross-Border Cooperation to Fight Human Trafficking, June 21, 2006, available at http://www.unodc.org/pdf/vietnam/PressreleaseChina_21_22June06.pdf

[30] Wang, supra note 9, at 11; Six Asian nations act to stop human trafficking, Reuters, Mar. 31, 2005, available at http://www.globalhealth.org/news/article/5806.

[31] China’s Human Rights, Border police resecue 37 in anti-human trafficking drive, (July 13, 2005), available at http://www.humanrights-china.org.

[32] HumanTrafficking.org, News & Updates: Campaign Against Trafficking in Vietnam, http://www.humantrafficking.org/updates/119 (July 2005).

[33] Campaign to stop trafficking in women and children between Viet Nam and China, UNICEF, June 3, 2004, available at http://www.unicef.org/vietnam/media_521.html

[34] See Vietnam-China trafficking on rise, BBC News, Jan. 24, 2006, http://news.bbc.co.uk/2/hi/asia-pacific/4643110.stm (reporting that the number of known trafficking cases of women and girls from Vietnam into China doubled during 2005).