Human Rights Center | Completed Initiatives

8. Conclusions / Recommendations

Lessons Learned and Future Challenges

United States government has recognized the problems of forced labor and human trafficking and its action to combat these abuses, both in the U.S. and overseas, constitute a significant platform on which to build. Already there have been important successes in enforcing laws that bring perpetrators of human trafficking and forced labor to justice. There has also been a marked change in approach and practice. Those caught in forced labor are now more likely to be recognized as victims of crime, with rights and needs that are specific to the nature of the abuse and exploitation they have endured. Nongovernmental organizations (NGOs), service agencies, legal advocacy groups, worker organizations, and other community-based groups are now accumulating invaluable experience in supporting victims of forced labor and trafficking and in participating in multisectoral efforts to combat these crimes. Yet these actions will not be fully effective until the United States raises public awareness about human trafficking and creates transnational law enforcement networks to tackle the problem head on. While much remains to be done, this study provides lessons to be learned, which can be built upon to strengthen U.S. efforts to eradicate forced labor.

Domestic Laws Can Create Strong Legal Platforms

Passage of the Trafficking Act in 2000 was a watershed event, providing a comprehensive legal framework to tackle human trafficking in United States. The legislation established a comprehensive set of regulations to ensure that criminal traffickers are prosecuted and that their victims are treated as such. The record to date shows that the new law enforcement tools have paid off: the number of investigations and prosecutions of traffickers has increased dramatically. Key to this success is providing immigration benefits and social services to survivors of trafficking and forced labor. Greater cooperation would occur if the government issued regulations for the U visa established by the TVPA to allow survivors who provide limited assistance to law enforcement personnel to receive temporary legal status and benefits. There remains a need to refine U.S. laws to close gaps in enforcement and care for survivors of forced labor. For example, increased opportunities for regularized migration would help decrease vulnerability of workers to forced labor and gender-sensitive migration policies would protect women in potentially exploitative situations.

Training Is Critical

Law enforcement, NGOs, worker organizations, government monitoring agencies, and service providers are learning more and more about the signs of trafficking and forced labor. This study finds that identification of victims increases as those likely to encounter survivors gain expertise in the various signals of forced labor conditions. Furthermore, expertise in identifying and supporting survivors strengthens eradication efforts by increasing law enforcement knowledge about forced labor and trafficking operations as well as by empowering survivors to seek justice and rebuild their lives.

The numbers of professionals with trafficking and forced labor expertise is still relatively small, but growing. Their experiences serve as a vital resource for the creation of training materials as well as their dissemination. Building up the numbers of trained and seasoned professionals is crucial to minimizing inadvertent risk of harm to victims or rescuers through inappropriate interventions (such as confronting a trafficker while the victim is still under her or his control). With time, training should be extended both in breadth and depth to more agencies and professionals in order to identify, liberate, and support survivors. In particular, worker and employer organizations are important audiences to target for training on the signs of forced labor. Because victims are often isolated, these sectors may have access to victims and could function as monitors.

Witness and Survivor Protection

The safety of survivors is critical to creating conditions under which they will be able to rebuild their lives and, if they choose, to cooperate fully with law enforcement. This study links the effective response of U.S. law enforcement and service providers to the promotion of witness cooperation. Research found that housing forced labor survivors in homeless shelters or with victims of domestic violence was inappropriate. Creation of temporary housing specifically for survivors of trafficking and forced labor has just begun and promises to address many of the special needs of survivors just emerging from servitude.

While law enforcement has been able to protect survivors in the United States, it has proved difficult to provide effective protection to family members of survivors abroad. Nongovernmental organizations and worker organizations, working transnationally, may prove to be an effective tool for protecting forced labor survivors and their families. NGOs and worker organizations in origin countries could form part of an early warning system by monitoring the status of families of witnesses as well as survivors who return home. These groups could alert government authorities at home and in the United States about reported threats or abuse. Calling attention to problems early would send an important message to traffickers and their associates not to harm victims and families. It would also inform survivors and their families that the United States values their safety and in this way could help garner victim trust and cooperation.

Social Services Provision to Survivors

A wide range of social services are needed to assist trafficking survivors. This study found that most experienced and successful service providers cover a host of needs, often working with clients for a long period. In particular, seasoned service providers have learned to screen survivors of forced labor and trafficking for specific needs resulting from their forced labor situation. It is important that survivors receive a health screening soon after their liberation and access to safe and secure shelter. Those forced into prostitution, for example, run a high risk of having contracted sexually transmitted diseases and having endured physical assault. Psychologically, victims may lose their sense of personal efficacy and control and experience feelings of shame, betrayal, and isolation. Providers work with survivors to provide emotional support and, when appropriate, counseling.

Another proven practice of service providers is to identify a lead agency and point of contact that will remain responsible for coordinating between service providers and, when a survivor is cooperating with law enforcement, between prosecutors and investigators. The multiple and varied needs of survivors favor a multisector, holistic approach to service so that the survivor's needs for housing, health care (mental and physical), legal services, language and job skills may be addressed in a coordinated manner. In the best of worlds, the survivor should be assisted by one agency offering both legal and social services. In this way, the survivor would receive both social services, such as housing, clothing, and transportation, and legal counseling on immigration status, work authorization, and, possibly, their role in prosecution. There are a small number of service providers that have adopted an empowerment model when working with survivors. The empowerment model encourages self-sufficiency and increased self-esteem so that survivors take greater control over their lives and may make informed decisions concerning their futures.

This study found agreement among law enforcement, legal advocates, and social service providers that all forced labor survivors should have legal representation. Survivors face numerous and daunting legal issues. If cooperating with law enforcement, survivors are helped by having legal counsel who advise and support them in recounting their experiences. Similarly, legal advocates take responsibility for ensuring that survivors receive the immigration and other benefits to which they are entitled. Securing benefits helps to stabilize survivors' lives and promotes rehabilitation.

Research

Knowledge of the criminal aspects of forced labor and human trafficking in the United States is still very limited. This study shows that law enforcement, social service providers, and legal advocates have gained most of their understanding about trafficking and forced labor on a case-by-case basis. Organized research will inform and strengthen the response by sectors already involved in combating forced labor as well as promote inclusion of other groups, such as medical professionals and worker and employer organizations. The recent amendment to the Trafficking Act directs numerous agencies including the National Research Council of the National Academies, the Secretary of Health and Human Services, and the Attorney General to undertake and support research on trafficking. We suggest attention be directed to the economic dimensions and health aspects as established by the new law, and that research in these areas be tailored appropriately.

To target activities and resources where they are most needed, research is needed in states or geographical regions where forced labor trafficking cases are emerging, on companies that profit from the flow of the products of forced labor into their product supply chains, and on those economic sectors in which there is a tendency for trafficking and forced labor to occur. These sectors include prostitution and pornography, domestic services, agriculture, factory production, and restaurant and hotel services. At present there is little understanding of the elasticity of demand for forced labor in different sectors.

Further research on the needs and experiences of survivors is also important. This is clear in the lack of reliable data on the health status of forced labor survivors in the United States. Future research should identify the precise health and medical consequences of forced labor: the nature of the maladies and their durations, the best practices to identify and administer services to survivors, and the level of recovery to be expected following treatment. This information should be used to develop screening protocols to help health care professionals identify preexisting or potential health problems. Research should be conducted to determine what kinds of follow-up health care would be needed for survivors who choose to return to their countries or origin. Researchers should solicit the active participation of survivors so that future programs will meet the needs of survivors from diverse cultural backgrounds.

Recommendations

Forced labor remains a widespread problem in the United States because there is public ignorance of the crime, a lack of sensitivity to victims, insufficient legal action, and a public demand for cheap goods and services. Yet for all its severity and breadth, forced labor can be stopped. The record of accomplishments is striking, particularly considering that the Trafficking Act has been in effect for less than five years. It is clear, however, that much remains to be done. In particular, the U.S. government should

1. Start a broad-based awareness-raising campaign, with special attention to reaching immigrant communities in the United States. Private citizens have reported cases of forced labor, suggesting that raising awareness among the general public can increase identification of victims. Furthermore, public awareness about the link between the demand for cheap products and services and the crime of forced labor can foster public pressure on companies and industry to take responsibility for the treatment of workers in the production of components or ingredients in the products they sell in the United States. The U.S. government should also encourage worker and employer organizations to promote awareness about forced labor and trafficking within their constituencies. More research needs to be conducted on the demand for commercial sex services so as to design a public awareness campaign to combat forced labor in this sector.

2. Improve institutional capacity to respond to forced labor and trafficking. This means training government officials involved in identification, investigation, and prosecution of perpetrators of trafficking and forced labor. Better coordination of law enforcement activities and policies also should be promoted between federal, state, and local level authorities. In addition, more resources should be devoted to enable service agencies to serve existing clients and to conduct outreach that might result in identifying more forced labor survivors.

3. Ensure better protection for workers in sectors vulnerable to forced labor and trafficking. Increased legal protections and monitoring of working conditions in agriculture, domestic labor, sweatshops, and food service would promote safer work environments. Promote accountability in those sectors, especially agriculture and garment manufacturing, that use subcontracting systems which violate labor laws and practices. In particular, there is a need for the Department of Labor to deepen its monitoring and enforcement activities in low-wage sectors. This is another key area in which worker and employer organizations may become involved by disseminating information and promoting compliance with fair labor standards.

4. Correct aspects of immigration policy that encourage the practice of forced labor. The U.S. government should eliminate the visa requirement that mandates a worker to remain with one particular employer. This would go a long way toward reducing the vulnerability of low-wage workers, such as domestic laborers, to exploitation.

5. Strengthen protection and rehabilitation programs for survivors. To address short-term needs of survivors, the U.S. government should create incentives for survivors to come forward and cooperate with law enforcement personnel. This includes developing mechanisms to protect victims and family members vulnerable to retaliation and threats by traffickers in home countries. U.S. authorities should also review eligibility requirements for immigration relief as well as their administration to ensure these are consistent with the goal of supporting and protecting survivors. Increased public and private support to social service agencies is required in order to provide adequate, safe housing to survivors upon liberation from captivity. Once survivors feel safe and secure they are more likely to aid law enforcement personnel in the prosecution of suspected traffickers.

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IN THIS SECTION Burma Congo (DRC) El Salvador Guantanamo Iraq Kosovo Rwanda Sudan Uganda U.S. Berkeley-Tulane Completed Initiatives	Projects Hidden Slaves Download full report in PDF format 8. Conclusions / Recommendations Lessons Learned and Future Challenges United States government has recognized the problems of forced labor and human trafficking and its action to combat these abuses, both in the U.S. and overseas, constitute a significant platform on which to build. Already there have been important successes in enforcing laws that bring perpetrators of human trafficking and forced labor to justice. There has also been a marked change in approach and practice. Those caught in forced labor are now more likely to be recognized as victims of crime, with rights and needs that are specific to the nature of the abuse and exploitation they have endured. Nongovernmental organizations (NGOs), service agencies, legal advocacy groups, worker organizations, and other community-based groups are now accumulating invaluable experience in supporting victims of forced labor and trafficking and in participating in multisectoral efforts to combat these crimes. Yet these actions will not be fully effective until the United States raises public awareness about human trafficking and creates transnational law enforcement networks to tackle the problem head on. While much remains to be done, this study provides lessons to be learned, which can be built upon to strengthen U.S. efforts to eradicate forced labor. Domestic Laws Can Create Strong Legal Platforms Passage of the Trafficking Act in 2000 was a watershed event, providing a comprehensive legal framework to tackle human trafficking in United States. The legislation established a comprehensive set of regulations to ensure that criminal traffickers are prosecuted and that their victims are treated as such. The record to date shows that the new law enforcement tools have paid off: the number of investigations and prosecutions of traffickers has increased dramatically. Key to this success is providing immigration benefits and social services to survivors of trafficking and forced labor. Greater cooperation would occur if the government issued regulations for the U visa established by the TVPA to allow survivors who provide limited assistance to law enforcement personnel to receive temporary legal status and benefits. There remains a need to refine U.S. laws to close gaps in enforcement and care for survivors of forced labor. For example, increased opportunities for regularized migration would help decrease vulnerability of workers to forced labor and gender-sensitive migration policies would protect women in potentially exploitative situations. Training Is Critical Law enforcement, NGOs, worker organizations, government monitoring agencies, and service providers are learning more and more about the signs of trafficking and forced labor. This study finds that identification of victims increases as those likely to encounter survivors gain expertise in the various signals of forced labor conditions. Furthermore, expertise in identifying and supporting survivors strengthens eradication efforts by increasing law enforcement knowledge about forced labor and trafficking operations as well as by empowering survivors to seek justice and rebuild their lives. The numbers of professionals with trafficking and forced labor expertise is still relatively small, but growing. Their experiences serve as a vital resource for the creation of training materials as well as their dissemination. Building up the numbers of trained and seasoned professionals is crucial to minimizing inadvertent risk of harm to victims or rescuers through inappropriate interventions (such as confronting a trafficker while the victim is still under her or his control). With time, training should be extended both in breadth and depth to more agencies and professionals in order to identify, liberate, and support survivors. In particular, worker and employer organizations are important audiences to target for training on the signs of forced labor. Because victims are often isolated, these sectors may have access to victims and could function as monitors. Witness and Survivor Protection The safety of survivors is critical to creating conditions under which they will be able to rebuild their lives and, if they choose, to cooperate fully with law enforcement. This study links the effective response of U.S. law enforcement and service providers to the promotion of witness cooperation. Research found that housing forced labor survivors in homeless shelters or with victims of domestic violence was inappropriate. Creation of temporary housing specifically for survivors of trafficking and forced labor has just begun and promises to address many of the special needs of survivors just emerging from servitude. While law enforcement has been able to protect survivors in the United States, it has proved difficult to provide effective protection to family members of survivors abroad. Nongovernmental organizations and worker organizations, working transnationally, may prove to be an effective tool for protecting forced labor survivors and their families. NGOs and worker organizations in origin countries could form part of an early warning system by monitoring the status of families of witnesses as well as survivors who return home. These groups could alert government authorities at home and in the United States about reported threats or abuse. Calling attention to problems early would send an important message to traffickers and their associates not to harm victims and families. It would also inform survivors and their families that the United States values their safety and in this way could help garner victim trust and cooperation. Social Services Provision to Survivors A wide range of social services are needed to assist trafficking survivors. This study found that most experienced and successful service providers cover a host of needs, often working with clients for a long period. In particular, seasoned service providers have learned to screen survivors of forced labor and trafficking for specific needs resulting from their forced labor situation. It is important that survivors receive a health screening soon after their liberation and access to safe and secure shelter. Those forced into prostitution, for example, run a high risk of having contracted sexually transmitted diseases and having endured physical assault. Psychologically, victims may lose their sense of personal efficacy and control and experience feelings of shame, betrayal, and isolation. Providers work with survivors to provide emotional support and, when appropriate, counseling. Another proven practice of service providers is to identify a lead agency and point of contact that will remain responsible for coordinating between service providers and, when a survivor is cooperating with law enforcement, between prosecutors and investigators. The multiple and varied needs of survivors favor a multisector, holistic approach to service so that the survivor's needs for housing, health care (mental and physical), legal services, language and job skills may be addressed in a coordinated manner. In the best of worlds, the survivor should be assisted by one agency offering both legal and social services. In this way, the survivor would receive both social services, such as housing, clothing, and transportation, and legal counseling on immigration status, work authorization, and, possibly, their role in prosecution. There are a small number of service providers that have adopted an empowerment model when working with survivors. The empowerment model encourages self-sufficiency and increased self-esteem so that survivors take greater control over their lives and may make informed decisions concerning their futures. This study found agreement among law enforcement, legal advocates, and social service providers that all forced labor survivors should have legal representation. Survivors face numerous and daunting legal issues. If cooperating with law enforcement, survivors are helped by having legal counsel who advise and support them in recounting their experiences. Similarly, legal advocates take responsibility for ensuring that survivors receive the immigration and other benefits to which they are entitled. Securing benefits helps to stabilize survivors' lives and promotes rehabilitation. Research Knowledge of the criminal aspects of forced labor and human trafficking in the United States is still very limited. This study shows that law enforcement, social service providers, and legal advocates have gained most of their understanding about trafficking and forced labor on a case-by-case basis. Organized research will inform and strengthen the response by sectors already involved in combating forced labor as well as promote inclusion of other groups, such as medical professionals and worker and employer organizations. The recent amendment to the Trafficking Act directs numerous agencies including the National Research Council of the National Academies, the Secretary of Health and Human Services, and the Attorney General to undertake and support research on trafficking. We suggest attention be directed to the economic dimensions and health aspects as established by the new law, and that research in these areas be tailored appropriately. To target activities and resources where they are most needed, research is needed in states or geographical regions where forced labor trafficking cases are emerging, on companies that profit from the flow of the products of forced labor into their product supply chains, and on those economic sectors in which there is a tendency for trafficking and forced labor to occur. These sectors include prostitution and pornography, domestic services, agriculture, factory production, and restaurant and hotel services. At present there is little understanding of the elasticity of demand for forced labor in different sectors. Further research on the needs and experiences of survivors is also important. This is clear in the lack of reliable data on the health status of forced labor survivors in the United States. Future research should identify the precise health and medical consequences of forced labor: the nature of the maladies and their durations, the best practices to identify and administer services to survivors, and the level of recovery to be expected following treatment. This information should be used to develop screening protocols to help health care professionals identify preexisting or potential health problems. Research should be conducted to determine what kinds of follow-up health care would be needed for survivors who choose to return to their countries or origin. Researchers should solicit the active participation of survivors so that future programs will meet the needs of survivors from diverse cultural backgrounds. Recommendations Forced labor remains a widespread problem in the United States because there is public ignorance of the crime, a lack of sensitivity to victims, insufficient legal action, and a public demand for cheap goods and services. Yet for all its severity and breadth, forced labor can be stopped. The record of accomplishments is striking, particularly considering that the Trafficking Act has been in effect for less than five years. It is clear, however, that much remains to be done. In particular, the U.S. government should 1. *Start a broad-based awareness-raising campaign, with special attention to reaching immigrant communities in the United States.* Private citizens have reported cases of forced labor, suggesting that raising awareness among the general public can increase identification of victims. Furthermore, public awareness about the link between the demand for cheap products and services and the crime of forced labor can foster public pressure on companies and industry to take responsibility for the treatment of workers in the production of components or ingredients in the products they sell in the United States. The U.S. government should also encourage worker and employer organizations to promote awareness about forced labor and trafficking within their constituencies. More research needs to be conducted on the demand for commercial sex services so as to design a public awareness campaign to combat forced labor in this sector. 2. Improve institutional capacity to respond to forced labor and trafficking. This means training government officials involved in identification, investigation, and prosecution of perpetrators of trafficking and forced labor. Better coordination of law enforcement activities and policies also should be promoted between federal, state, and local level authorities. In addition, more resources should be devoted to enable service agencies to serve existing clients and to conduct outreach that might result in identifying more forced labor survivors. 3. *Ensure better protection for workers in sectors vulnerable to forced labor and trafficking.* Increased legal protections and monitoring of working conditions in agriculture, domestic labor, sweatshops, and food service would promote safer work environments. Promote accountability in those sectors, especially agriculture and garment manufacturing, that use subcontracting systems which violate labor laws and practices. In particular, there is a need for the Department of Labor to deepen its monitoring and enforcement activities in low-wage sectors. This is another key area in which worker and employer organizations may become involved by disseminating information and promoting compliance with fair labor standards. 4. Correct aspects of immigration policy that encourage the practice of forced labor. The U.S. government should eliminate the visa requirement that mandates a worker to remain with one particular employer. This would go a long way toward reducing the vulnerability of low-wage workers, such as domestic laborers, to exploitation. 5. *Strengthen protection and rehabilitation programs for survivors.* To address short-term needs of survivors, the U.S. government should create incentives for survivors to come forward and cooperate with law enforcement personnel. This includes developing mechanisms to protect victims and family members vulnerable to retaliation and threats by traffickers in home countries. U.S. authorities should also review eligibility requirements for immigration relief as well as their administration to ensure these are consistent with the goal of supporting and protecting survivors. Increased public and private support to social service agencies is required in order to provide adequate, safe housing to survivors upon liberation from captivity. Once survivors feel safe and secure they are more likely to aid law enforcement personnel in the prosecution of suspected traffickers. Back to Table of Contents \| Previous \| Next