Stemming Trafficking Helps Few

  By Pueng Vongs
  AsianWeek |Jan 06, 2005
http://news.asianweek.com/news/view_article.html?article_id=736c17231c45ae9db6c1441df47279ed&this_category_id=172

(Pueng Vongs, a journalism fellow in child and family policy at the
University of Maryland-Foundation for Child Development, is also an
editor at Pacific News Service.)

He could end up slaving long hours for pennies at a Chinese buffet
restaurant. She could be a Thai woman who thought she was coming to
the United States to be a housekeeper but, under threats of bodily
harm to her and her loved ones, ends up waiting on her masters, hand
and foot, 18 to 20 hours a day, seven days a week.

They are among the growing number of illegal immigrants who are
quietly smuggled into the country and who quickly disappear into dark
lives of servitude, usually under lock and key. They are victims of
human trafficking, the fastest-growing crime in the nation. Humans
compete with illegal drugs now as the hot new commodity.

The Bush administration has grand plans to aid the women, men and
children lured or forced into this country for cheap labor or sexual
services. Its efforts, however, have yet to make a substantial impact
and often invite greater peril for the victims.

Officials recently unveiled a glossy $5 million ad campaign against
human trafficking. Portraits of young and forlorn-looking Asian women
grace these ad posters that promise to "Rescue and Restore" victims of
trafficking. Help such as housing, health care, food and even
citizenship are available, these ads say.

But what the ads don't mention is that, in order to take advantage of
these benefits, victims must first agree to cooperate in the criminal
investigations of their abusers. This is not a viable option for most.

Those who cooperate may face retaliation from their exploiters or risk
harm to their loved ones in their homelands. Abusers often threaten
family and children who live overseas and cannot be protected from
America.

Victims who come forward must also prove "a severe form of
trafficking." And they must demonstrate they would face extreme
hardship if returned to their home countries.

"Definitions are too restrictive or open to wide interpretation," said
Kay Buck, executive director of the Los Angeles-based Coalition to
Abolish Slavery and Trafficking.

Those who start the process and are rejected by the government often
face deportation. Others may be jailed. Without any resources, some
are even forced to return to their captors.

In 2000, Congress passed the landmark Trafficking Victims Protection
Act, promising 5,000 temporary visas each year for survivors who could
later apply for permanent residency.

Only about 450 persons have received the T-visas or other benefits out
of an estimated 14,500 to 17,500 persons who were trafficked annually.

Children are even less likely to step forward. Only some 45 children
have received visas or benefits since 2000. Yet some studies indicate
that children make up one-third of trafficking cases.

"Most children come alone and are too traumatized to be able to
convince law enforcement that they are survivors of trafficking," said
Margaret MacDonnell, a child-services specialist with the United
States Conference of Catholic Bishops.

Advocates say too much emphasis is being put on cases involving
trafficking for the sex industry in order to appeal to the
administration's conservative constituents. Labor cases, they say, are
being neglected.

Trafficking cases are almost evenly divided between the sex-industry
ones and those involving domestic service, agriculture, factory, and
restaurant and hotel work, according to a recent study by the Human
Rights Center at UC Berkeley and the nonprofit Free the Slaves.

This picture contrasts with government estimates that 70 percent of
cases involve sex trafficking. Of the 31 cases prosecuted last year,
25 involved sex trafficking.

There is a need for more shelters to encourage trust and a sense of
safety, Buck said. Trust is also a key component in encouraging
victims to cooperate in criminal investigations.

Perhaps the most important way to help victims is to withdraw the
mandatory requirement of participation in criminal investigations as a
condition for getting government help.

Advocates want the government to follow the models of asylum or
domestic violence cases, where testifying is not a requirement, said
Kathleen Kim of the Lawyer's Committee for Civil Rights. This, she
says, would go a long way in encouraging victims to seek rescue.










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