TRAFFICKING IN PERSONS
Fall 2014
Monday/Wednesday, 10:30 – 11:50 am
Prof. Janie Chuang
jchuang@wcl.american.edu
Office: Rm 416
Phone: 274-4306
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
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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 25, 2014: INTRODUCTION
U.S. Department of State, Trafficking in Persons Report 2014, Introduction, pp. 1-45
http://www.state.gov/documents/organization/226844.pdf [also in CP 1-62]
Class 2 – August 27, 2014: TRAFFICKING, GLOBALIZATION, AND MIGRATION
Anti-Slavery International, THE MIGRATION-TRAFFICKING NEXUS: COMBATING
TRAFFICKING THROUGH THE PROTECTION OF MIGRANTS' HUMAN RIGHTS (2003) [CP PP.
89-115]
Saskia Sassen, Global Cities and Survival Circuits, in GLOBAL WOMAN: NANNIES, MAIDS
AND SEX WORKERS IN THE NEW ECONOMY (Barbara Ehrenreich and Arlie Hochschild,
eds., 2003) [CP 68-88]
Class 3 – September 3, 2014: 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 116-157]
LIN LEAM LIM, THE SEX SECTOR: THE ECONOMIC AND SOCIAL BASES OF PROSTITUTION IN
SOUTHEAST ASIA (1998) [CP 158-186]
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Class 4 – September 8, 2014: TRAFFICKING OF WOMEN INTO DOMESTIC WORK
Bridget Anderson & Julia O’Connell Davidson, Is Trafficking in Human Beings Demand
Driven? A Multi-Country Pilot Study (International Organization for Migration 2003)
[CP 116-157]
AMNESTY INTERNATIONAL, EXPLOITED FOR PROFIT, FAILED BY GOVERNMENTS (2013),
Executive Summary [CP 187-201]
Class 5 – September 10, 2014: 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-nepalspecialpackage,0,7162366.special
Sarah Stillman, The Invisible Army, THE NEW YORKER (June 6, 2011) [CP 202-215]
Rebecca Surtees, Trafficked Men as Unwilling Victims, 4 ST. ANTHONY’S
INTERNATIONAL REVIEW 16 (2008) , pp. 16-30 [posted on MyWCL]
Class 6 – September 15, 2014: 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 16, at noon)
Research the trafficking situation in your jurisdiction and describe the problem in your
reflection paper. Come to class on September 18 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 17, 2014: JURISDICTION REPORTS
Students report back on the situation in their jurisdictions
PART II: TRAFFICKING AND THE LAW
Class 8 – September 22, 2014: INTERNATIONAL ANTI-TRAFFICKING LEGAL
FRAMEWORKS
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Anne Gallagher, Human Rights and the New UN Protocols on Trafficking and Migrant
Smuggling: A Preliminary Analysis, HUM. RTS. Q, Nov. 2001. [CP pp. 247-267]
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 24, 2014: DEFINITIONS, DEFINITIONS, DEFINITIONS
ANNE GALLAGHER, THE INTERNATIONAL LAW OF HUMAN TRAFFICKING 25-42 (2010) [CP
268-289]
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 29, 2014: REGIONAL RESPONSES TO TRAFFICKING
Council of Europe Convention on Action against Trafficking in Human Beings [CP 295316] – SKIM
SAARC Convention on Preventing and Combating Trafficking in Women and Children
for Prostitution [CP 290-294]
Class 11 – October 1, 2014: US RESPONSE TO TRAFFICKING: DOMESTIC
U.S. Trafficking Victims Protection Act (TVPA) (2000), §§101-103, 106-107,112 [CP
317-344]
2014 TIP Report – country narrative for the United States [posted on MyWCL]
Class 12 – October 6, 2014: US RESPONSE TO TRAFFICKING: INTERNATIONAL
U.S. Trafficking Victims Protection Act (TVPA) (2000), §108, 110
U.S. Department of State, Trafficking in Persons Report 2014 (excerpts) [posted on
MyWCL]
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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 373-392]
Class 13 – October 8, 2014: HUMAN TRAFFICKING AND INT’L HUMAN RIGHTS LAW
Siliadin v. France, European Court of Human Rights (2005) [CP 393-427]
Rantsev v. Cyprus and Russia Judgment (2010) [CP 428-449]
Skim UN Recommended Principles and Guidelines on Human Rights and Human
Trafficking [CP 450-465]
Class 14 – October 13, 2014: HUMAN TRAFFICKING AND INT’L HUMAN RIGHTS LAW
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), Part I, especially Art. 6 [CP 466-478]
Zhen Zhen Zheng v. Netherlands (2008), Individual Complaint under CEDAW Optional
Protocol [CP 481-492]
S. v. Jordan, Constitutional Court of South Africa (2002) [CP 493-509]
CEDAW General Recommendation 19 [CP 479-480]
Class 15 – October 15, 2014: 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 Protocol to the Forced Labour Convention [posted on MyWCL]
CEDAW General Recommendation 26 [posted on MyWCL]
REFLECTION PAPER ASSIGNMENT (due October 17, 2014 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 20, 2014: 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
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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 22, 2014: THE NUMBERS GAME
Jerry Markon, Human Trafficking Evokes Outrage, Little Evidence, WASHINGTON POST
(September 23, 2007) [posted on MyWCL]
U.S. GOVERNMENT ACCOUNTABILITY OFFICE, BETTER DATA, STRATEGY, AND REPORTING
NEEDED TO ENHANCE U.S. ANTI-TRAFFICKING EFFORTS ABROAD (2006) [CP 345-372]
Ronald Weitzer, New Directions in Research on Human Trafficking, THE ANNALS OF
THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE (2014) [on MyWCL]
Class 18 – October 27, 2014: 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 562-574]
Ronald Weitzer, Moral Crusade against Prostitution, SOCIETY (March/April 2006) [CP
556-561]
Class 19 – October 29, 2014: RAID AND RESCUE
Noy Thrupkaew, Beyond Rescue, THE NATION (Oct 8, 2009); The Crusade against Sex
Trafficking, THE NATION (Sept 16, 2009) [CP 599-608]
Holly Burkhalter, Sex Trafficking, Law Enforcement and Perpetrator Accountability, 1
ANTI-TRAFFICKING REVIEW 122-33 (2012) [CP 609-620]
Aziza Ahmed and Meena Seshu, We Have the Right Not to Be “Rescued”: When AntiTrafficking Programs Undermine the Health and Wellbeing of Sex Workers, 1 ANTITRAFFICKING REVIEW 149-164 (2012) [CP 621-640]
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 pp. 575-598] -- SKIM
Please use this time to work on your third jurisdiction report (look at the online options).
Class 20 – November 3, 2014: TRAFFICKING, MEDIA, AND CELEBRITIZATION
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In-class viewing of panel discussion of trafficking.
Dina Haynes, Celebritization of Human Trafficking [posted on MyWCL]
Class 21 – November 5, 2014: CRITIQUING THE ANTI-TRAFFICKING MOVEMENT
James Hathaway, The Human Rights Quagmire of “Human Trafficking,” 49 VA. J. INT’L
L. 1 (2009) [CP 641-665]
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 666-698]
Class 22 – November 10, 2014: PREVENTING TRAFFICKING – THE NEED FOR A LABOR
PARADIGM
Hila Shamir, A Labor Approach to Human Trafficking, 60 UCLA L. REV. 76 (2013) [CP
699-719]
Anna Laura Bennett, Counteracting the Bias: The Department of Labor’s Unique
Opportunity to Combat Human Trafficking (2013) [CP 720-764]
Class 23 – November 12, 2014: MULTIDISCIPLINARY APPROACH (GLOBAL HORIZONS
CASE)
Materials posted on MyWCL.
Class 24 – November 17, 2014: PROTECTING THE VICTIMS
I-914, Application for T Nonimmigrant Status [CP 765-773]
Instructions for Form I-914, Application for T Nonimmigrant Status [CP 774-782]
Anne Gallagher & Elaine Pearson, Detention of Trafficked Persons in Shelters pp. 5-27
[posted on MyWCL]
Class 25 – November 19, 2014: SPECIAL CASE STUDY – TRAFFICKING OF DOMESTIC
WORKERS BY DIPLOMATS
Tabion v. Mufti, 73 F.3d 535 (4th Cir 1996) [CP 783-788]
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
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REFLECTION PAPER ASSIGNMENT (due November 21, 2014, noon)
Write a reflection paper about a recent event you attended or watched online. Part I of your
report should consist of a brief description of what you saw/learned. Part II of your report
should include your reactions to that event, referring back to the course readings and class
discussions.
Class 26 – November 24, 2014: CLASS DISCUSSION
Discuss Reflection Paper #3: Recent developments in anti-trafficking scholarship and
advocacy
Class 27 – November 26, 2014: MEET THE PRACTITIONERS
Practitioners in the field will come to class to talk about careers working on trafficking
and other labor exploitation issues.
Class 28 – December 1, 2014: REVIEW SESSION
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