1. Disrupting Human Trafficking and Exploitation in Minnesota
Madeline Lohman
October 28, 2016
This material was prepared by The Advocates for Human Rights to support the implementation of Safe Harbors in Minnesota. Funding was provided by the Women’s Foundation of Minnesota and the Women’s Endowment Fund, a designated fund of the Minneapolis Jewish Federation’s Jewish Community Foundation.

2. The Advocates for Human Rights
Founded in 1983, The Advocates for Human Rights is an NGO dedicated to the promotion and protection of internationally recognized human rights locally, nationally, and internationally. 
Refugee and Immigrant Rights
International Justice
Human Rights Education
Women’s Human Rights

3. Session Objectives
Understand forms of human trafficking - sex and labor
Share what human trafficking looks like in MN
Learn how federal and state law define human trafficking
Role of teachers in helping victims of trafficking
Teaching about trafficking as global and local issue

4. Human Trafficking? What is “Human Trafficking”?
What does it look like here?

5. WHAT IS HUMAN TRAFFICKING?
When one person obtains or holds another person in compelled service.
Beatriz

6. Human Trafficking Sex Trafficking Labor Trafficking Beatriz
This material was prepared by The Advocates for Human Rights to support the implementation of Safe Harbors in Minnesota. Funding was provided by the Women’s Foundation of Minnesota and the Women’s Endowment Fund, a designated fund of the Minneapolis Jewish Federation’s Jewish Community Foundation.

7. What does trafficking really look like?

8. Dynamics of Human Trafficking
Who is being trafficked?
Where is it happening?
How does this happen?
Beatriz

9. Human Trafficking Risk Factors
Poverty
Youth
Race
History of abuse
History of exploitation
Disability
Chemical dependency
Lack of support systems
Lack of immigration status
Beatriz

10. Where does human trafficking occur?
Domestic Service
Commercial Sex Industry
Factories
Peddling / Door to Door Sales
Agriculture / Farms
Criminal Activity (stealing, drug transport)
Restaurant / Bars
Construction
Hotel / Motel Housekeeping
Nail Salons
Carnivals
Food Processing /Canneries / Agricultural Facilities
Schools; shelters; libraries; etc.
Beatriz

11. Barriers to escape / Methods of control
How does it happen?
Recruitment / Offer
Point of No Return
Breaking /
Barriers to escape / Methods of control
Beatriz

12. Human Trafficking and Other Forms of Victimization
Poly-victimization
Labor Trafficking
Sex Trafficking
Domestic Violence
Sexual Assault
Forced and Early Marriage
Assault
Substance Abuse
Identity Theft
Compelled Criminal Acts
Labor / sex trafficking
Domestic violence
Sexual assault
Forced marriage
Assault
Substance abuse
Identity theft
Compelled criminal acts

13. Labor Trafficking and Labor Exploitation
Top labor law violations:
Wage theft, other wage and hour violations
Unsafe working conditions
Sexual harassment
More than
of labor trafficking cases involved known labor law violations
60% Me
Examples from previous two slides
Another finding from the report
These people qualify as LT, but also labor wage and hour violations
Overlap- broaden our response
Asking the Right Questions: A Human Rights Approach to Ending Trafficking and Exploitation in the Workplace, The Advocates for Human Rights (forthcoming)

14. Practice Identifying Human Trafficking
Is this human trafficking?
Why?
What else is it?
Scenario Discussion Me

15. Legal Definitions United Nations Palermo Protocol Minnesota Law
Federal Trafficking Victims Protection Act
Laws both help victims and criminalize traffickers – for teachers and others who work with youth, important to know how laws help victims so they can be connected to the right services

16. How Federal Law Protects Victims
Immigration Status
Work Authorization
Public Benefits
Case Management

17. Human Trafficking: Federal Break Down
Inducing (sex trafficking)
Recruitment, transportation, harboring, enticing, or obtaining (labor trafficking)
Action
What the trafficker did to get the victim
Force – physically/sexually, bodily harm
Fraud – lies, false promises, fake contracts
Coercion – threats of violence, shame, threats of deportation or notifying authorities
Unless under 18 (for sex trafficking)
Means
How the victim was brought into and kept in the situation
Involuntary servitude
Debt bondage
Peonage
Slavery
Commercial sex act
Purpose What purpose/goal?

18. How Minnesota Law Protects Victims
Sexually exploited youth under 18 will not be prosecuted
No Wrong Door – any door a youth goes through will connect them with safe, protected environment and specialized services

19. Human Trafficking: MN Break Down
Recruitment, transportation, transfer harboring, enticing, provision, obtaining, or receipt
Action
What the trafficker did to get the victim
By any means
Regardless of victim’s age
Means
How the victim was brought into and kept in the situation
Debt bondage
Forced labor or services
Slavery or slave-like practices
Prostitution
Purpose What purpose/goal?
Beatriz

20. Differences That Matter
Federal Law
Requires showing of force, fraud, or coercion except for victims of sex trafficking under 18
Kind of sexual exploitation = commercial sex act
Benefits are mostly for foreign nationals
Minnesota Law
Victim can be trafficked by any means regardless of age
Kind of sexual exploitation = prostitution (pimping)
Benefits are mostly for victims of sex trafficking under 18
This material was prepared by The Advocates for Human Rights to support the implementation of Safe Harbors in Minnesota. Funding was provided by the Women’s Foundation of Minnesota and the Women’s Endowment Fund, a designated fund of the Minneapolis Jewish Federation’s Jewish Community Foundation.

21. Minnesota Labor Trafficking Investigations and Prosecutions
Federal
Forced Labor (2014) Vietnamese restaurant in Mankato based on NGO tip
Harboring (2015) Hibachi grill restaurants
Visa Fraud (2016) Vegetable farm in Foley
State
Labor trafficking (2016) Woodbury nanny found by police Me
Example of prosecution
Federal law v. state law
First cases prosecuted
Forced labor: Note the difference between the definition and the criminal statute

22. Building Your Response to Human Trafficking
Beatriz
This material was prepared by The Advocates for Human Rights to support the implementation of Safe Harbors in Minnesota. Funding was provided by the Women’s Foundation of Minnesota and the Women’s Endowment Fund, a designated fund of the Minneapolis Jewish Federation’s Jewish Community Foundation.

23. Anti-trafficking History in MN
2005
MN anti-trafficking laws passed.
Vick law enforcement Task Force established.
2006
Statewide Human Trafficking Task Force created.
2008
Sex Trafficking Needs Assessment identifies gaps in legal system.
2009
Sex trafficking laws amended to increase penalties against traffickers.
2010
A Future, Not a Past and MN Safe Harbor initiatives begin examining response to sexually exploited youth.
2011
Safe Harbor enacted.
2013
Safe Harbor amended and initial Safe Harbor system funding secured.
Statewide consultation process creates the No Wrong Door model for Safe Harbor.
2014
Safe Harbor takes effect August 1, 2014
Anti-trafficking History in MN
2015-
2016
Labor Trafficking
/ Exploitation Report
Beatriz
This material was prepared by The Advocates for Human Rights to support the implementation of Safe Harbors in Minnesota. Funding was provided by the Women’s Foundation of Minnesota and the Women’s Endowment Fund, a designated fund of the Minneapolis Jewish Federation’s Jewish Community Foundation.

24. Asking the Right Questions: Findings
Addressing labor trafficking involves identification, victim protection and services, prosecution, and civil remedies.
Why is this not fully happening in Minnesota?
No screening tool or assessment in use statewide
Most law enforcement professionals and service providers not trained
Limited coordination and referral
Legal limitations for certain victims and certain crimes
Lack of established network of services for all victims
Widespread violation of labor laws creates culture of impunity
Asking the Right Questions: A Human Rights Approach to Ending Trafficking and Exploitation in the Workplace, The Advocates for Human Rights (forthcoming)

25. Collaborative Response
Know the issues
Build the response team
Prioritize victim safety
Educate, serve, and represent
Sarah

26. Do you see it?
Learning to identify trafficking victims among the people you interact with is the first step!
Sarah

27. Are You Seeing Labor Trafficking?
Is someone holding your personal documents for you?
Does someone else control the decisions you make about your life?
Do you owe money to your boss, the person who hired you, or the person who helped you find the job?
Are you receiving all your pay?
Are you afraid something bad will happen to you or someone else if you leave your work?
Are You Seeing Labor Trafficking?
Debt bondage
Forced labor or services
Slavery or Slave-like Practices
Organ removal
Sarah

28. Are You Seeing Sex Trafficking?
Is the person in a relationship where sometimes they have to do things they don’t feel comfortable doing?
Could the person leave the relationship if they wanted to?
Is the person having sex for money or anything of value – clothing, food, housing?
Does someone, other than a dependent, take all or some of the money the person gets from having sex?
Prostitution
Pimping
Beatriz

29. Building Response Under a Human Rights Approach
Use human rights standards to guide
Palermo Protocol
Victim safety
Safety first, at every stage
Accompany
Aware of trauma’s effects
Offender accountability
Government responsibility
In law and in practice
Beatriz

30. Understanding the Trafficking Survivor
Trauma Barriers
Circumstantial Barriers
Afraid family back home will suffer if reported
Trauma bonding to or extreme fear of trafficker/ employer
Appearing hostile
Distrustful of authority
Jumpy, anxious, fearful, unrealistic expectations
Inconsistent stories
Lack of identifying documents
Employer controlled housing
Not holding own money or paid only in room and board
No permanent address or phone number
Unfamiliar with location or language
Sarah

31. Why don’t trafficking victims leave?
Ongoing actual or threatened abuse/sexual assault
Making an “example” of another victim
Threats to family or children
Threat of criminal prosecution or deportation
Blackmail
Fear
Withholding money or identity documents
Only source of housing, food, clothes
Posing as “friend/boyfriend/concerned relative” to induce guilt and feeling indebted
Causing or exploiting pregnancy, chemical dependency, etc
Dependency
“I agreed to it so it’s not illegal”
Isolation from support networks, service providers, others
Unaware of Available Help

32. Practice Developing Your Response
Response Discussion
Together, we can create a
society where ALL are
Valued and Protected.
Beatriz