2007 Trafficking in Persons Report - Center for Women Policy Studies

I N T R O D U C T I O N
18
NIGERIA/
UNITED STATES
14-year-old Jenny left her native Nigeria for the
United States to work in the home of a couple,
also originally from an African country. She
thought she would be paid to look after their
children, but the reality was very different. For
five years Jenny was repeatedly raped by her
employer and his wife physically assaulted her,
sometimes with a cane, and on one occasion
with a high-heeled shoe. Tipped off by a local
NGO, law enforcement officials rescued Jenny
and prosecuted the perpetrators.
“Trafficking in Persons”
Defined
The Trafficking Victims Protection Act defines “severe forms of
trafficking in persons” as:
(a) sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion, or in which the person is induced to
perform such an act has not attained 18 years of age; or
(b) the recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use
of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage or slavery.
Definition of Terms
Sex trafficking means the recruitment, harboring, transportation,
provision, or obtaining of a person for the purpose of a commercial
sex act.
Commercial sex act means any sex act on account of which
anything of value is given to or received by any person.
Coercion means (a) threats of serious harm to or physical restraint
against any person; (b) any scheme, plan or pattern intended to
cause a person to believe that failure to perform an act would result
in serious harm to or physical restraint against any person; or, (c) the
abuse or threatened abuse of the legal process.
Involuntary servitude includes a condition of servitude induced
by means of (a) any scheme, plan, or pattern intended to cause a
person to believe that, if that person did not enter into or continue in
such condition, that person or another person would suffer serious
harm or physical restraint; or (b) the abuse or threatened abuse of
the legal process.
Learning More:
The Forms and Impact
of Human Trafficking
Labor Trafficking
Most instances of forced labor occur as unscrupulous
employers take advantage of gaps in law
enforcement to exploit vulnerable workers. These
workers are made more vulnerable to forced labor
practices because of unemployment, poverty,
crime, discrimination, corruption, political
conflict, and cultural acceptance of the practice.
Immigrants are particularly vulnerable, but
individuals are also forced into labor in their own
countries. Female victims of forced or bonded
labor, especially women and girls in domestic
servitude, are often sexually abused.
Forced labor is a form of human trafficking
that can be harder to identify and estimate than
sex trafficking. It may not involve the
same criminal networks profiting from
transnational trafficking for sexual
exploitation. More often, individuals are
guilty of subjecting one domestic servant
or hundreds of unpaid workers at a
factory to involuntary servitude.
Bonded Labor
One form of force or coercion is the
use of a bond, or debt, to keep a person
under subjugation. This is referred to
in law and policy as “bonded labor” or
“debt bondage.” It is criminalized under
U.S. law and included as a form of exploitation
related to trafficking in the United
Nations Protocol To Prevent, Suppress,
and Punish Trafficking in Persons,
Especially Women and Children (UN
TIP Protocol). Many workers around the
world fall victim to debt bondage when
traffickers or recruiters unlawfully exploit
an initial debt the worker assumed as
part of the terms of employment or when
workers inherit debt in more traditional
systems of bonded labor. Traditional
bonded labor in South Asia enslaves huge
numbers of people from generation to
generation.