Trafficking in Persons



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Trafficking in Persons

Fall 2012


Monday/Wednesday, 10:00 – 11:20 am

Prof. Janie Chuang

jchuang@wcl.american.edu

Office: Rm 416

Phone: 274-4306

Office Hours: Tuesdays, 10am-12pm or by appt


Course Introduction


This course aims to provide an overview of international and U.S. law and policy responses to the problem of human trafficking. We begin with an inquiry into the question of what trafficking is – a question that, despite the existence of legal definitions of trafficking – remains highly contested. We will explore this question through three case studies, involving trafficking of women into the sex industry and domestic work, and the trafficking of men into forced labor. We will then examine trafficking-specific international, regional, and U.S. laws, and explore the role of broader international and regional human rights regimes in addressing trafficking. Having studied the role of law in the fight against human trafficking, we will step back and spend the second half of the semester examining the dynamics of anti-trafficking advocacy movement and assess its effectiveness in combating trafficking.

Readings and Assignments


You should be prepared for each class to discuss and debate the assigned readings, which consist of legal and policy analyses drawn from interdisciplinary sources. Most of the reading materials are available in the Course Packet [“CP”]. Supplements to these materials will either be posted on MyWCL (as indicated in the syllabus) or distributed in class.

Grading Criteria


The three basic requirements for completing the course are:

(1) Participating in class discussions

(2) Submitting reflections papers periodically during the course

(3) Completing the final exam


Class Participation. I place a high value on attendance and informed participation in class discussions. More than 5 unexplained/unexcused absences may result in the lowering of your grade. The goal is to engage in critical analysis of the issues presented in the readings and discussion. Please note, however, that limitations experienced by non-native English speakers will not adversely affect the evaluation.
Class Assignments and Final Exam. In addition to completing the readings for each class, you will be assigned 3 reflection papers (limit of 3 double-spaced pages, 12 point font) to discuss the issues raised in the assignment (see below). Each reflection paper will count towards 20% of your final grade.

The final exam will be a take-home exam, consisting of 2-3 essay questions (with a page limit).

Your reflection papers and class assignments will count for 60% of your final grade. The final exam will count for 40% of your final grade.

SCHEDULE OF CLASSES AND ASSIGNMENTS


Part I: What is Trafficking?




Class 1 – August 20, 2012: Introduction


U.S. Department of State, Trafficking in Persons Report 2012, Introduction [posted on MyWCL] – please SKIM

David Feingold, Think Again: Human Trafficking, Foreign Policy (September/October 2005) [CP 574-78]



Class 2 – August 22, 2012: Trafficking, Globalization, and Migration


Anti-Slavery International, The Migration-Trafficking Nexus: Combating Trafficking through the Protection of Migrants' Human Rights (2003) [CP 22-48]

Saskia Sassen, Global Cities and Survival Circuits, in Global Woman: Nannies, Maids and Sex Workers in the New Econom23y (Barbara Ehrenreich and Arlie Hochschild, eds., 2003) [CP 1-21]


Class 3 – August 27, 2012: Trafficking of Women into the Sex Sector

Bridget Anderson & Julia O’Connell Davidson, Is Trafficking in Human Beings Demand Driven? A Multi-Country Pilot Study (International Organization for Migration 2003) [CP 53-69]



Lin Leam Lim, The Sex Sector: The Economic and Social Bases of Prostitution in Southeast Asia (1998) [CP 91-104]
Class 4 – August 29, 2012: Trafficking of Women into Domestic Work

Skim Carol Pier, Human Rights Watch, Hidden in the Home (2001) [CP 122-143]

Bridget Anderson & Julia O’Connell Davidson, Is Trafficking in Human Beings Demand Driven? A Multi-Country Pilot Study (International Organization for Migration 2003) [CP 70-90]


Class 5 – September 5, 2012: Trafficking of Men into Forced Labor on U.S. Military Bases in Iraq

Cam Simpson, Pipeline to Peril series – read stories on this webpage: http://www.chicagotribune.com/news/nationworld/chi-nepal-specialpackage,0,7162366.special [link posted on MyWCL]

Rebecca Surtees, Trafficked Men as Unwilling Victims, 4 St. Antony’s International Review 16 (2008) , pp. 16-30 [posted on MyWCL]
Class 6 – September 10, 2012: Trafficking of Children

Mike Dottridge, Kids as Commodities? Child Trafficking and What To Do About It, READ Chapters 1, 2, 4 & 7, SKIM the rest


REFLECTION PAPER ASSIGNMENT (due September 11, at noon)
Research the trafficking situation in your jurisdiction and describe the problem in your reflection paper. Come to class on September 12 prepared to discuss your findings. Please note that no computers will be allowed that day, so bring a hard copy of your paper to class.


Class 7 – September 12, 2012: Jurisdiction Reports

Students report back on the situation in their jurisdictions



Part II: Trafficking and the Law

Class 8 – September 17, 2012: International Anti-Trafficking Legal Frameworks

Anne Gallagher,  Human Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis, Hum. Rts. Q, Nov. 2001. [CP 172-192]

UN Convention Against Transnational Organized Crime [posted on MyWCL]

UN Protocol to Suppress and Punish Suppress Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime [posted on MyWCL]

UN Protocol Against the Smuggling of Migrants by Land, Sea, and Air [posted on MyWCL]
Class 9 – September 19, 2012: Definitions, Definitions, Definitions

Anne Gallagher, The International Law of Human Trafficking 25-42 (2010) [CP 677-698]

Review UN Trafficking Protocol, Art. 3

1926 Convention to Suppress the Slave Trade and Slavery, Art. 1 [posted on MyWCL]

Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, Section I [posted on MyWCL]

ILO Forced Labour Convention (ILO Convention No. 29) [posted on MyWCL]

ILO Abolition of Forced Labour Convention (ILO Convention No. 105) [posted on MyWCL]


Class 10 – September 24, 2012: Regional Responses to Trafficking

Council of Europe Convention on Action against Trafficking in Human Beings [CP 306-328] -- SKIM

SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution [CP 301-305]

Anne Gallagher, Recent Legal Developments in the Field of Human Trafficking: A Critical Review of the 2005 European Convention and Related Instruments, 8 European J. Migration and Law (2006) [CP 281-300]




Class 11 – September 26, 2012: US Response to Trafficking: Domestic

U.S. Trafficking Victims Protection Act (TVPA) (2000), §§101-104, 106-112 [CP 193-220]

Wendy Chapkis, Soft Glove, Punishing Fist: The Trafficking Victims Protection Act of 2000, in Regulating Sex: The Politics of Intimacy and Identity, edited by Elizabeth Bernstein and Laurie Schaffner. New York: Routledge. [posted on MyWCL]

2012 TIP Report – country narrative for the United States [posted on MyWCL]


Class 12 – October 1, 2012: US Response to Trafficking: International

U.S. Trafficking Victims Protection Act (TVPA) (2000), §108, 110

U.S. Department of State, Trafficking in Persons Report 2012 (excerpts) [posted on MyWCL]

Anne Gallagher, Improving the Effectiveness of International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports (2010) [CP 595-614]


Class 13 – October 3, 2012: Human Trafficking and Int’l Human Rights Law

Siliadin v. France, European Court of Human Rights (2005) [CP 329-360]

Skim UN Recommended Principles and Guidelines on Human Rights and Human Trafficking [CP 579-594]
Class 14 – October 8, 2012: Human Trafficking and Int’l Human Rights Law

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Part I [CP 363-375]



Zhen Zhen Zheng v. Netherlands (2008), Individual Complaint under CEDAW Optional Protocol [CP 378-389]

S. v. Jordan, Constitutional Court of South Africa (2002) [CP 390-406]

CEDAW General Recommendation 19 [posted on MyWCL]


Class 15 – October 10, 2012: Human Trafficking and Labor Law

ILO, Global Alliance Against Forced Labor (2005) pp. 46-62 (SKIM) [posted on MyWCL]



ILO, Harder to See, Harder to Count, pp. 11-20 [posted on MyWCL]

ILO Forced Labour Convention (ILO Convention No. 29), ILO Abolition of Forced Labour Convention (ILO Convention No. 105) [posted on MyWCL for Class 9]




REFLECTION PAPER ASSIGNMENT (due October 14, 2012 at noon)

Consider the trafficking situation in your jurisdiction. Assume you represent a trafficked person in your jurisdiction – what laws would apply to his/her situation? What are the benefits/drawbacks of these laws, from the perspective of your client?



Class 16 – October 15, 2012: Jurisdiction Reports

Students spend first 30 minutes of class meeting with students with jurisdictions from same region. Discuss what regional framework should look like. What obstacles do you perceive would stand in the way of realizing this goal? We’ll spend the last 50 minutes of class discussing your observations/findings.


Part III: Law and Policy Critiques
Class 17 – October 17, 2012: MOVIE DAY

PBS Frontline Documentary: Sex Slaves (2006)


Class 18 – October 22, 2012: The Numbers Game

International Organization for Migration, Data and Research on Human Trafficking: A Global Survey (2005) [CP 479-490]

Jerry Markon, Human Trafficking Evokes Outrage, Little Evidence, Washington Post (September 23, 2007) [posted on MyWCL]

David Feingold, Trafficking in Numbers: The Social Construction of Human Trafficking Data, in Sex, Drugs, and Body Counts (Peter Andreas & Kelly M. Greenhill, eds.) [CP 535-573]

U.S. Government Accountability Office, Better Data, Strategy, and Reporting Needed to Enhance U.S. Anti-Trafficking Efforts Abroad (2006) [CP 253-264]
Class 19 – October 24, 2012: Prostitution/Sex Work Debate

Andrea Dworkin, Prostitution and Male Supremacy, Life and Death 139-51 (1997) [posted on MyWCL]

Elizabeth Bernstein, The State, Sexuality, and the Market, in Regulating Sex: The Politics of Intimacy and Identity (2007) [CP 497-510]

Ronald Weitzer, Moral Crusade against Prostitution, Society (March/April 2006) [CP 491-496]


Class 20 – October 29, 2012: Trafficking, Prostitution, and the Protocol

Dorchen A. Leidholdt, Prostitution and Trafficking in Women, An Intimate Relationship 167-181 in Prostitution, Trafficking and Traumatic Stress (Melissa Farley ed., 2003) [posted on MyWCL]

Jo Doezema, Now You See Her, Now You Don’t: Sex Workers at the UN Trafficking Protocol Negotiations [posted on MyWCL]

Ratna Kapur, Post-Colonial Economies of Desire: Legal Representations of the Sexual Subaltern, 78 Denv.U.L.Rev. 855 (2001) [CP 465-478]



Class 21 – October 31, 2012: Raid and Rescue

Noy Thrupkaew, Beyond Rescue, The Nation (Oct 8, 2009); The Crusade against Sex Trafficking, The Nation (Sept 16, 2009) [CP 615-630]

Holly Burkhalter, Sex Trafficking, Law Enforcement and Perpetrator Accountability, 1 Anti-Trafficking Review 122-33 (2012) [CP 631-642]

Aziza Ahmed and Meena Seshu, We Have the Right Not to Be “Rescued”: When Anti-Trafficking Programs Undermine the Health and Wellbeing of Sex Workers, 1 Anti-Trafficking Review 149-164 (2012) [CP 643-662]

Elizabeth Bernstein, Sexual Politics and the “New Abolitionism”: Imagery and Activism in Contemporary Anti-Trafficking Campaigns, Differences 18:3 (Special Issue on God and Country) (2007) [CP 511-534] -- SKIM
Class 22 – November 5, 2012: Critiquing the Anti-Trafficking Movement

James Hathaway, The Human Rights Quagmire of “Human Trafficking,” 49 Va. J. Int’l L. 1 (2009) [CP 407-431]

Anne Gallagher, Human Rights and Human Trafficking: Quagmire or Firm Ground? A Response to James Hathaway, 49 Va. J. Int’l L. 789 (2009) [CP 432-464]
Class 23 – November 7, 2012: Preventing Trafficking – The Need for A Labor Paradigm

Hila Shamir, A Labor Approach to Human Trafficking, ___ UCLA L. Rev. __ (forthcoming 2012) [posted on MyWCL]

ILO Convention on Decent Work for Domestic Workers [posted on MyWCL]



REFLECTION PAPER ASSIGNMENT (due November 13, 2012, at noon)

Think about the trafficking situation in your jurisdiction. To what extent, if any, do you think the themes/issues we discussed in Part III of this course factor into understandings of the problem in your jurisdiction?





Class 24 – November 12, 2012: Protecting the Victims

I-914, Application for T Nonimmigrant Status [CP 699-707]

Instructions for Form I-914, Application for T Nonimmigrant Status [CP 708-716]

Anne Gallagher & Elaine Pearson, Detention of Trafficked Persons in Shelters pp. 5-27 [posted on MyWCL]


Class 25 – November 14, 2012: Class Discussion

Discuss Reflection Paper #3: Law & Policy Critiques as Applied to Your Jurisdictions


Class 26 – November 19, 2012: Special Case Study – Trafficking of Domestic Workers by Diplomats

Tabion v. Mufti, 73 F.3d 535 (4th Cir 1996) [CP 157-162]

Mazengo v. Mzengi, Civ No. 07-756 (D.DC 2007) [posted on MyWCL]

Swarna v. Badar Al-Awadi, 09-2525-cv(L) (2d Cir. 2009) [posted on MyWCL]

Vienna Convention on Diplomatic Relations [posted on MyWCL] - SKIM


Class 27– November 21, 2012: Special Case Study – Trafficking and US Government Contractors

Sarah Stillman, The Invisible Army, The New Yorker (June 6, 2011) [CP 663-676]



Review Cam Simpson reading [posted on MyWCL for Class 5]

Adhikari et al v. Daoud & Partners et al., 697 F. Supp.2d 674 (S.D. Tx 2009)
Class 28 -- November 26, 2012: Review Session




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