International Trafficking In Persons The Johns Hopkins University

Course Description

The course will study the international trafficking prohibitions of the various international conventions including the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children; the Convention of Suppression of the Trafficking in Persons and the Exploitation of the Prostitution of Others; the Convention on the Elimination of All Forms of Discrimination Against Women; the Convention on the Rights of the Child; the Convention to Eliminate the Worst Forms of Child Labor; the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery; the Hague Convention on the Protection of Children and Cooperation in respect to Intercountry Adoption; the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages; and the International Labor Organization Conventions Concerning Abolition of Forced Labor and Concerning Decent Work for Domestic Workers. The course will also study the Council of Europe Convention on Action against Trafficking in Human Beings and European Union Framework Decisions and Directives.

The course will analyze legislative texts of the domestic trafficking laws of selected jurisdictions worldwide, whether these laws are enacted as a part of the penal code or as a special act related to protection of women and children. Regional case studies will include discussion of the problems of trafficking in women and children in the Middle East, combating trafficking in persons in accordance with the principles of Islamic Law, UN peacekeeping and trafficking in Bosnia, trafficking in Central Asia and state responsibilities and other cases of trafficking in persons.

The course will also analyze the U.S. statutes prohibiting trafficking in human beings, including those related to alien smuggling, the importation of an alien for immoral purposes, the establishment of commercial enterprises for the purpose of evading immigration, involuntary servitude, the transportation of a person in interstate or foreign commerce for the purpose of prostitution under the Mann Act, and the 2000 Trafficking Victims Protection Act, as amended in 2003, 2005 and 2008. The course will also cover the 2003 Protect Act, especially Section 105 that provides penalties in cases of child sex tourism, as well as the 2005 International Marriage Broker Regulation Act. The course will specifically address trafficking in persons as a foreign policy objective of the U.S. and sanctions imposed on foreign countries that do not comply with the minimum standards for the elimination of trafficking.

The course will emphasize the human rights based approach to trafficking in persons and the recognition of the trafficked person as a victim of a crime. The course will also inquire into the role of government corruption in facilitating the crime of trafficking.

A Model Law will form the basis of discussion on drafting a comprehensive anti-trafficking legislation that covers prevention of the act of trafficking, protection of the trafficking victim, and prosecution of the trafficker.

1. 
   Overview of Course Materials, Requirements, and Objectives (Feb 1)
   

1. 
   Mohamed Y. Mattar, Trafficking in Persons, an Annotated Bibliography Delineating Five Years of Development 2005-2009, 2 Protection Project J. Hum. Rts. & Civ. Soc’y 153-209 (2009).
   
2. 
   Mohamed Y. Mattar, Trafficking in Persons, an Annotated Bibliography, 96 Law Lib. J. 669 (2004).
   

2. 
   Introduction to the Concept of Trafficking in Persons; the Scope of the Problem and the Appropriate Government Responses (Feb 8)
   

1. 
   Mohamed Y. Mattar, Comprehensive Legal Approaches to Combating Trafficking in Persons: an International and Comparative Perspective. The Protection Project at The Johns Hopkins University School of Advanced International Studies http://www.protectionproject.org/wp-content/uploads/2010/09/PP_Chartbook_English.pdf (Pages 8-19).
   

3. 
   The U.S. Legal Approach: From the Mann Act to the Trafficking Victims Protection Act (Feb 15)
   

1. 
   The White Slave Traffic Act of 1910 [The Mann Act] and amendments thereto, 18 U.S.C. §§ 2421-2424.
   
2. 
   Victims of Trafficking and Violence Protection Act of 2000 [TVPA], Pub. L. No. 106-386 (2000).
   
3. 
   Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108-193.
   
4. 
   Trafficking Victims Protection Reauthorization Act of 2005, Pub. L. No. 109-164 (2005).
   
5. 
   William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub. L. No. 110-457 (2008).
   
6. 
   Mohamed Y. Mattar, Interpreting Judicial Interpretations of the Criminal Statutes of the Trafficking Victims Protection Act: Ten Years Later, 19 Am. U. J. Gender Soc. Pol'y & L. 1247 (2011).
   
7. 
   United States v. Marcus, 487 F. Supp. 2d 289 (2007) (Defining a “commercial sex act” under the TVPA).
   
8. 
   United States v. Paris, U.S Dist. LEXIS 78418 (2007) (Interstate commerce nexus for sex trafficking).
   
9. 
   United States v. Veerapol, 312 F.3d 1128 (2002) (Conviction of holding another to involuntary servitude, mail fraud, and harboring aliens).
   
10. 
    United States v. Castaneda, 239 F. 3d 978 (Court of Appeals for the 9th Circuit 2001) (Filipino women were recruited to work in a night club where they performed sexual services).
    

Define the vulnerable victim enhancement doctrine and discuss how it may apply to victims of human trafficking.

4. 
   Rights of Victims of a Severe Form of Trafficking under the Trafficking Victims Protection Act: A Human Rights Based Approach (Feb 22)
   

1. 
   Mohamed Y. Mattar, Examining U.S. Efforts to Combat Human Trafficking and Slavery: An assessment of the United States’ recent legal responses to the problem of trafficking in persons on the federal, state and international levels, Hearing before the Senate Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Property Rights, on July 7, 2004.
   
2. 
   Mohamed Y. Mattar, Comprehensive Legal Approaches to Combating Trafficking in Persons: an International and Comparative Perspective. The Protection Project at The Johns Hopkins University School of Advanced International Studies http://www.protectionproject.org/wp-content/uploads/2010/09/PP_Chartbook_English.pdf (Pages 36-43).
   
3. 
   T-Visa Application Form: http://www.protectionproject.org/wp-content/uploads/2010/09/i-914.pdf
   

Write a memo on behalf of a victim of trafficking justifying the reasons for granting her/him a residency status in the US.

5. 
   Monitoring the Status of Severe Forms of Trafficking in Foreign Countries: Sanctions Mandated under the U.S. Trafficking Victims Protection Act (Feb 29)
   

1. 
   Mohamed Y. Mattar, Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings, 41 Vand. J. of Transnat’l L. 1355 (2008).
   
2. 
   Mohamed Y. Mattar, Monitoring the Status of Severe Forms of Trafficking in Foreign Countries: Sanctions Mandated Under the U.S. Trafficking Victims Protection Act, 10 Brown Journal of World Affairs 1 (2003).
   
3. 
   U.S. Department of State, Trafficking in Persons Report 2011.
   

Select a country and address how it is discussed in the TIP Report 2011.

6. 
   The International Legal Apporach: The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime (Mar 7)
   

1. 
   Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (2000).
   
2. 
   Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949).
   
3. 
   Council of Europe Convention on Action against Trafficking in Human Beings (2005).
   
4. 
   Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.
   
5. 
   Mohamed Y. Mattar, Incorporating the Five Basic Elements of a Model Anti-Trafficking in Persons Legislation in Domestic Laws: from the United Nations Protocol to the European Convention, 14 Tul. J. Int’l & Comp. L. 357-419 (2006).
   
6. 
   Mohamed Y. Mattar, Comprehensive Legal Approaches to Combating Trafficking in Persons: an International and Comparative Perspective. The Protection Project at The Johns Hopkins University School of Advanced International Studies http://www.protectionproject.org/wp-content/uploads/2010/09/PP_Chartbook_English.pdf (Pages 22-33).
   

Compare how the UN Protocol and the Council of Europe Convention address the issue of human trafficking, identifying omissions and gaps in both.

7. 
   The Role of Organized Crime and Corruption in Trafficking in Persons: the UN Convention against Transitional Organized Crime (Mar 14)
   

1. 
   United Nations Convention against Transnational Organized Crime (2000).
   
2. 
   United Nations Convention against Corruption (2003).
   
3. 
   Mohamed Y. Mattar, Comprehensive Legal Approaches to Combating Trafficking in Persons: an International and Comparative Perspective. The Protection Project at The Johns Hopkins University School of Advanced International Studies http://www.protectionproject.org/wp-content/uploads/2010/09/PP_Chartbook_English.pdf (Page 58).
   

Write a memo on fighting corruption in the context of human trafficking in accordance with the UN Convention against Corruption.

8. 
   Trafficking in Children: Child Soldiers, Child Prostitution, and the Issue of Child Sex Tourism (Mar 28)
   

1. 
   Convention on the Rights of the Child (1989), Articles 34 and 35.
   
2. 
   Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts (2000).
   
3. 
   Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000).
   
4. 
   United States v. Clark, 315 F. Supp. 2d 1127 (2003).
   

Design an action plan for combating child sex tourism.

9. 
   Baby Trafficking: The Sale of Children for Illicit Intercountry Adoption (Apr 4)
   

1. 
   Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993).
   
2. 
   Mohamed Y. Mattar, Comprehensive Legal Approaches to Combating Trafficking in Persons: an International and Comparative Perspective. The Protection Project at The Johns Hopkins University School of Advanced International Studies http://www.protectionproject.org/wp-content/uploads/2010/09/PP_Chartbook_English.pdf (Pages 54-55).
   

Write a memo in support of intercountry adoption and suggest means to eliminate abuse in the adoption process.

10. 
    Trafficking for Purposes of Non-Commercial Sex: Mail Order Brides (Apr 11)
    

1. 
   International Marriage Broker Regulation Act of 2005 [IMBRA], Pub. L. 109-162. Subtitle D of Title VIII (Sec.831-834).
   
2. 
   INS Section 652 of the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) regarding Mail-Order Bride Business.
   
3. 
   Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962).
   
4. 
   Mohamed Y. Mattar, Comprehensive Legal Approaches to Combating Trafficking in Persons: an International and Comparative Perspective. The Protection Project at The Johns Hopkins University School of Advanced International Studies http://www.protectionproject.org/wp-content/uploads/2010/09/PP_Chartbook_English.pdf (Pages 52-53).
   
5. 
   European Connections & Tours, Inc v Gonzales, 480 F. Supp. 2d 1355 (2007).
   

Explain when marriage becomes a form of human trafficking.

11. 
    Trafficking for the Purpose of Forced Labor (Apr 18)
    

1. 
   ILO Convention No. 189 concerning decent work for domestic workers (2011).
   
2. 
   United States v. Kozminski, 108 S. Ct. 2751 (1988) (Two mentally retarded men were found laboring on his farm. The term involuntary servitude means a condition of servitude in which the victim is forced to work by the use or threat of physical force, threat, or coercion).
   
3. 
   Mohamed Y. Mattar, Comprehensive Legal Approaches to Combating Trafficking in Persons: an International and Comparative Perspective. The Protection Project at The Johns Hopkins University School of Advanced International Studies http://www.protectionproject.org/wp-content/uploads/2010/09/PP_Chartbook_English.pdf (Pages 56-57).
   
4. 
   Ramos & Castro v. Hoyle & Perales, U.S. Dist. Lexis 102677 (2008).
   
5. 
   United States v. Djoumessi, U.S. App. Lexis 17689 FED App. 0306P (6^th Cir.) (2008).
   

Draft a law regarding the rights of domestic workers in accordance with the ILO Convention No. 189 concerning decent work for domestic workers.

12. 
    Comparative Legal Analysis of the Domestic Trafficking Laws of the Various Countries of the World: Drafting a Model Law (Apr 25)
    

1. 
   Mohamed Y. Mattar, Human Rights Legislation in the Arab World: The Case of Human Trafficking, 33 Mich. J. Int’l L. 1 (2011).
   
2. 
   Mohamed Y. Mattar, Combating Trafficking in Persons: A Handbook for Parliamentarians, Inter-Parliamentary Union and UNODC (2009).
   
3. 
   Mohamed Y. Mattar, Remarks on the Anti-Trafficking Law of Mexico, Testimony before the Senate of Mexico, October 17, 2005.
   
4. 
   Mohamed Y. Mattar, A Comparative Analysis of the Anti-Trafficking Legislation in Foreign Countries: Towards a Comprehensive and Effective Legal Response to Combating Trafficking in Persons, Testimony before House Committee on International Relations, Subcommittee on International Terrorism, Nonproliferation and Human Rights, 108^th Congress, 1^st Session, June 25, 2003.
   
5. 
   Mohamed Y. Mattar, Remarks on the Anti-Trafficking Law of the Russian Federation, Testimony before the State Duma of the Russian Federation, November 29, 2004.
   

Draft a section in a model law that addresses the role of civil society in combating human trafficking.

13. 
    Regional Case Studies of Women and Children in the Various Countries of the World: Routes, Forms of Trafficking, and Causes of Vulnerability (Mai 2)
    

Assigned Materials

1. 
   Mohamed Y. Mattar, Combating Trafficking in Persons in Accordance with the Principles of Islamic Law, UNODC (2009).
   
2. 
   Mohamed Y. Mattar, State Responsibilities in Combating Trafficking in Persons in Central Asia, 27 Loy. L.A. Int’l & Comp. L. R. 145 (2005).
   
3. 
   Mohamed Y. Mattar, Trafficking in Persons, Especially Women and Children in Countries of the Middle East: The Scope of the Problem and the Appropriate Legislative Responses, 26 Fordham Int’l L. J. 721 (2003).
   

Project 11:

Describe how religion can be utilized in combating human trafficking.

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