Human Trafficking Section

1. Human Trafficking Section Jason Sherman – Spring 2012

2. Logistics • Final Paper • Meetings • Office Hours (Cancelled Today)

3. Outline • Globalization • Migrant Workers • Domestic Laborers • Constitutional Law

4. Globalization

5. Globalization • Professor Patterson’s lecture talked a lot about the ways in which globalization has aided traffickers in many ways. However, are there no ways in which globalization can also help fight human trafficking?

6. The World is “Lumpy” • Skeptics of globalization cite the small percentage of American companies with international operation as evidence that globalization is not as significant as commonly presumed. Thus, the world is “lumpy,” not flat. • Is the extent of globalization limited?

7. Winners and Losers • Who are the winners of Globalization? What does it depend on? • Who are the losers? • Why does globalization negatively affect the middle class in advanced countries, but positively affect them in emerging countries? • Francesca (3-4)

8. “Race to the Bottom” • The Human Rights Watch calls the lack of domestic labor regulation a “race to the bottom” in many regions. • How is it acceptable for these countries to increasingly deregulate in the face of so many countries making public efforts to become more stringent with their monitoring of violations and abuses of labor laws? • Patrick (3-4)

9. Problem (or Not) in Numbers • 1/3 of trafficked victims for economic purposes • 2-3 Million People • $30 Billion realized annually by exploiters • Is this really that serious a problem? • 15 million children orphaned due to HIV/AIDS • Nearly a billion people entered the 21st century unable to read a book or sign their names. • 500 million women spend more than 5 hours a day collecting water. • 1.6 billion people — a quarter of humanity — live without electricity • 1.9 billion people live on less than $1.25/day

10. Migrants

11. Congressional Hypo: • President Bush proposed a guest worker program that would grant foreign laborers temporary visas that permit them to stay in the country for three years. That program, which was never passed in Congress due to the broader debate over illegal immigration, has been proposed in a hypothetical bill that's before Congress today. • The bill would allow companies to sponsor foreigners to work in the United States for three years. After three years, they need to either acquire a green card or return to their home country. Recognizing the possibility for labor abuses, the bill specifically gives these laborers the rights of citizens in related matters, such as the standing to bring a complaint against an employer and the right to remain in the country while a complaint is in progress up to the original three-year limit. • Vote for or against the bill?

12. The Jobs • “3D” Jobs - Difficult, Dirty, and Dangerous • Are we really that self-entitled? Do we do any jobs this bad?

13. Migrant Reporting • In countries such as Malaysia, there appears to be a vicious cycle where migrant workers are either too afraid to report abuse, or unaware of the resources available to them. In turn, governmental organizations are blind to the demand for their help. How can we increase transparency between the government and its migrant workers? • Aria (3-4)

14. Immigration Checkpoints • Illegal migration of individuals from Mexico is a serious issue in the United States. In many cases, like Miguel’s, lack of legal documentation leads to worker abuse, unfair wages, and excessive fees. Do you think the U.S. should focus on raising the accessibility of migration to the U.S. for undocumented immigrants? • Elisabeth (3-4) • Alternatively, the U.S. could crack down in illegal immigration to the U.S. Thoughts? • Video of Checkpoint

15. Domestic Laborers

16. Migrant Domestic Workers • Reasons: • Fast growing economies • Increased rural poverty; need a way to support families • Indonesia, Philippines, Sri Lanka, Malaysia • Why developing countries like it • Remittances, Taxes, Employment • Problems: • Risk of exploitation and abuse • Isolation • Legal Status and debt • False & Incomplete information • Inadequate regulation: Agencies and governments • Recommendations?

17. The Jobs • Did/does anyone have a domestic laborer?

18. Laws • In a study of national laws in 65 countries conducted by the ILO revealed that only 19 of them have enacted specific laws or regulations dealing with domestic work. • What would an internationally applied law regulating domestic work look like? • Are check-ups at a person’s home a violation of our rights to privacy? • Economically viable for government’s to intervene? From the source or the destination?

19. Abuses • Lack of religion • What danger does a slave who practices a religion actually pose to a slaveholder? • Lack of reproductive rights • Do countries have any good reasons to prevent immigrants from being with their own citizens? • Lack of immigration status • Physical Violence and Confinement • Others

20. Constitutional Law How could you leave this class without knowing any of it?

21. Original Constitution • Article I, Section. 2  • Slaves count as 3/5 persons • Article I, Section. 9, clause 1 • No power to ban importation of slaves until 1808 • Article IV, Section. 2 • No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. • Article V • No Constitutional Amendment to Ban Slavery Until 1808 • Other Provisions • Ban on export taxes • Insurrection clause – federal troops called for slave rebellions

22. 13th Amendment • Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. • Section 2. Congress shall have power to enforce this article by appropriate legislation. • Unique • It applies to private individuals as well as government unlike most Constitutional provisions.

23. Butler v. Perry (1916) • Florida state law required all able-bodied men between 21 and 45, when called to do so, to work for up to 60 hours on maintaining public roads.  • Holding: No Violation of 13th Amendment • "the term 'involuntary servitude' was intended to cover those forms of compulsory labor akin to African slavery which, in practical operation, would tend to produce like undesirable results."  

24. Involuntary Servitude • United States v. Kozminski(US 1988) • Two mentally retarded men worked on a farm in “poor health, in squalid conditions, and in relative isolation from the rest of society.” • Seven days a week, 17 hrs/day, at first for $15/day and then for nothing • Threats: To reinstitutionalize one of the men if he did not do as he was told and various other forms of psychological coercion to keep the men on the farm. • Held: No violation of the 13th Amendment. • Kozminski limited involuntary servitude to those situations when the master subjects the servant to: • threatened or actual physical force, • threatened or actual state-imposed legal coercion or • fraud or deceit where the servant is a minor, an immigrant or mentally incompetent.

25. Involuntary Servitude • Selective Draft Law Cases (US) •  Military draft "involuntary servitude?“ • Trafficking Victims Protection Act of 2000 • Federal anti-slavery statutes to include victims who are enslaved through psychological coercion, even if there was no physical coercion • Community service as a high school graduation requirement? • Immediatov. Rye Neck School District, Herndon v. Chapel Hill, and Steirer v. Bethlehem School District

26. Labor Contracts • Requiring specific performance as a remedy for breach of personal services contracts has been understood to be a form of involuntary servitude.