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Binational, Multi-State Survey on Human Trafficking Legislation and Collaboration

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Binational, Multi-State Survey on Human Trafficking Legislation and Collaboration Phase I Report to the Council of State Governments-WEST, the Conference of Western ... – PowerPoint PPT presentation

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Title: Binational, Multi-State Survey on Human Trafficking Legislation and Collaboration


1
Binational, Multi-State Survey on Human
Trafficking Legislation and Collaboration
  • Phase I Report to the Council of State
    Governments-WEST, the Conference of Western
    Attorneys General, the Border Legislative
    Conference, and the Border Governors Conference

2
Research Team
  • Principal Investigator/Project Lead
  • Erik Lee, Associate Director, NACTS/ASU
  • Research Team
  • Jonathan Alanis, NACTS Undergraduate Policy
    Research Assistant, Political Science, ASU
  • Felicia Cantrell, Second-year law student, Sandra
    Day OConnor School of Law, ASU
  • Zoe Sarabo, Masters Program in Liberal Studies,
    ASU
  • Project Advisors/Consultants
  • Gabriella Sánchez, PhD, Justice Studies, School
    of Social Transformation, ASU
  • Rick Van Schoik, Director, North American Center
    for Transborder Studies, ASU

3
Overview of NACTS
  • Trinational, Multidisciplinary, Public Policy
    Analysis and Advisory Group
  • 7 Partner Universities Board of Advisors
  • Three Foci Sustainability, Security,
    Competitiveness
  • Member of Border Research Partnership
  • North America Next A Report to President Obama
    on Building Sustainable Security, February 2009
  • CANAMEX Economic Profile, 2008-2010
  • North American Opportunities and the Sun
    Corridor, November 2009
  • Assessing Scrap Tire Legislation in the
    U.S.-Mexico Border States, November 2009, Border
    Legislative Conference

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4
Some General Comments
  • This report was requested by the BLC, CWAG and
    the BGC and will be updated fairly regularly.
  • This is a significant policy priority for both
    countries federal governments and many states and
    therefore a good area around which to build
    collaboration.
  • Large and active communities of interest exist on
    this topic in both countries.
  • In particular, the amount of activity in Mexico
    on this issue is impressive (and a challenge for
    researchers).
  • Precise statistics on the issue of human
    trafficking are a work in progress.
  • Much of this legislation, particularly in Mexico,
    is quite recent.

5
Initial Findings
  • U.S. state legislation is quite diverse.
  • Key elements vary from specific focus on
    trafficking (borrowing some federal language),
    victim assistance funds, to basic legislative
    approaches such as compelling prostitution.
  • Mexican legislation is quite uniform.
  • All six Mexican border states have a law (or are
    about to have one) on human trafficking.
  • Focuses on elements such as more precise
    definitions of trafficking and state
    intersecretarial committees.
  • Broader context includes the Mexican governments
    fight against transnational criminal
    organizations and the shift to oral adversarial
    systems of justice by 2016.

6
U.S. Overview
Conference of Western Attorneys General (CWAG)
Member and Associate Member States
7
Federaland very local
  • Federal legislation Trafficking Victims
    Protection Act of 2000
  • Presidential Task Force led by Department of
    State
  • 40 metro-area anti-trafficking task forces
    coordinated by U.S. Attorneys offices working
    with ICE, DOL, local PDs, NGOs etc.
  • County attorneys also pursue trafficking cases.
    although NM AGs Office also pursues cases
  • Few prosecutions so far.

8
The CWAG States Lots of Variety
  • The U.S. states laws range from specific human
    trafficking legislation to related laws such as
    pandering (examples).
  • Some states have been actively updating their
    trafficking legislation.
  • New Mexico has recently adopted a new human
    trafficking statute and the state of Washington
    recently updated its laws in 2010.
  • Some states have victim assistance funds.

9
The Mexican Border States
10
Mexico Federal Overview
  • Federal legislation 2007 Law to Prevent and
    Sanction Human Trafficking (some states such as
    Chihuahua or Coahuila have been working on the
    topic since 2006)
  • Federal interagency task force (Comisión
    Intersecretarial)
  • Federal inter-agency task force are mandated to
    come out with a plan to prevent and sanction
    human traffic 
  • Mexicos national plan on human trafficking was
    officially announced on January 6, 2011.

11
The Mexican Border States Lets Stay on the
Same Page
  • Mexican border states anti-human trafficking
    laws are notable for their uniformity (role of
    USAID-funded PROTEJA).
  • The ongoing homogenization of state laws is a
    specific and widely supported policy objective in
    Mexico.
  • Similar to Mexicos federal legislation, Mexican
    state human trafficking laws mandate the creation
    of interagency task forces and in some cases
    specifically encourage agencies to collaborate.

12
Substantive Recommendations
  1. Consider legislation that incentivizes and funds
    productive interstate, binational and
    international collaboration on statutory language
    and state law enforcement agency collaboration to
    address both domestic and cross-border aspects of
    human trafficking in a proactive manner (CWAG and
    BLC).
  2. Consider legislative approaches that adequately
    fund programs that train state and local law
    enforcement officials in the recognition and
    prevention of human trafficking (CWAG and BLC).
  3. Consider legislative approaches that take a
    victim-centered approach and prioritize
    comprehensive approaches to victims of both sex
    trafficking and labor trafficking through
    mechanisms such as victims assistance funds (CWAG
    and BLC).
  4. U.S. states should strongly consider adopting the
    language of the Trafficking Victims Protection
    Act of 2000 to aid in building a more
    comprehensive approach at the state level (CWAG
    and BLC).

13
Organizational, Process and Collaboration
Recommendations
  1. Create a permanent binational policy review
    committee made up of representatives from the
    U.S.-Mexico State Alliance Partnership member
    organizations, the Border Governors Conference
    Security Work Table, state and county
    prosecutors, and the relevant federal agencies.
  2. Conduct regular U.S.-Mexico State Alliance
    Partnership visits and publication of findings
    with key U.S. and Mexican border state
    legislatures commissions to discuss human
    trafficking legislation and a broad range of
    policy implementation in the U.S.-Mexico border
    region, with a focus on best practices on issues
    such as attention to victims and coordination
    (CWAG and BLC).
  3. Develop partnerships with key Mexican academic
    and policy organizations to further research and
    evaluate human trafficking, measures taken to
    address both the crime and victims of trafficking
    in Mexico (BGC, BLC and CWAG).

14
Organizational, Process and Collaboration
Recommendations (cont.)
  • Discuss and adopt key medium- and long-term
    measures that evaluate legislative success on the
    issue of human trafficking and attention to
    victims of both sex trafficking and labor
    trafficking in the U.S. and Mexico (BLC).
  • Develop or link to innovative programs to
    recognize state legislatures and legislators for
    innovative and best legislative practices to
    combat human trafficking (BLC).
  • Enable CWAG to offer binational trainings and
    best practice development on handling human
    trafficking cases in partnership with key Mexican
    government and civil society stakeholders as part
    of its trainings for Mexican judges, prosecutors,
    forensic workers and police (CWAG).

15
Directions and Ideas for Phase II
  • State outreach.
  • Federal outreach.
  • More emphasis on policy areas victim attention
    and implementation of state and federal plans (in
    Mexico).
  • ?

16
Thank you!For more information on this project
  • Erik Lee
  • Associate Director
  • North American Center for Transborder Studies
  • Arizona State University
  • Tel. (480) 727-8926
  • erik.w.lee_at_asu.edu

Website nacts.asu.edu
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