Legislative and Policy Efforts on Trafficking

نسخة للطباعة

U.S. Legislation on Trafficking
Through the years Equality Now has consistently advocated for strengthening provisions under the U.S. federal trafficking law, the Trafficking Victims Protection Act (TVPA), which was adopted in 2000 and has been reauthorized every few years since. One of the key drawbacks to the TVPA is its requirement to prove “force fraud and coercion,” which remains a difficult burden of proof for victims of trafficking and federal prosecutors; as a result only 137 sex trafficking cases were prosecuted under the TVPA from 2001 to 2008.

Prior to the reauthorization of the TVPA in 2008, Equality Now, in collaboration with a national coalition of organizations, advocated for strengthening the U.S. Senate’s version of the Wilberforce Act or Trafficking Victims Protection Reauthorization Act (TVPRA), passed in the House of Representatives.  

Despite these efforts, the Senate version of the TVPRA remained without key provisions we support and passed into law in December 2008. The federal trafficking law was somewhat strengthened through a number of revised provisions that address demand and facilitate the prosecution of traffickers. Equality Now will continue to advocate for a more effective federal anti-trafficking law in the U.S., during future reauthorizations of the TVPA.

For further information, see:

International Legislation on Trafficking
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
In 2000, Equality Now actively campaigned for the passage of a United Nations Protocol as well as U.S. legislation on trafficking in women, both of which were adopted in 2000. Equality Now convened and represented a coalition of U.S.-based women’s groups, including the National Organization for Women and The Feminist Majority, to engage in a dialogue with the State Department and Congress members on the definition of trafficking in both international and domestic law, to ensure that it would be broad enough to protect all victims of trafficking, and facilitate the prosecution of all traffickers. As a result of these initiatives, both the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the U.S. federal anti-trafficking legislation, include a definition of trafficking that includes all victims and perpetrators of trafficking.

New York State Anti-Trafficking Coalition

New York City Councilman John Liu speaks at the first Albany Watch rally
New York City Councilman John Liu speaks at the first Albany Watch rally in downtown New York City

On 6 June 2007, the Human Trafficking Law, the strongest state anti-trafficking legislation in the U.S., was signed into law in New York State. As convener of the New York State Anti-Trafficking Coalition, a state-wide alliance of 80 organizations, Equality Now played a key role in ensuring the passage of this comprehensive legislation.

Although New York has long been a prominent port of entry, transit and destination for trafficking victims, it did not have a specific law to address the crime of trafficking. In 2007, we undertook systematic outreach to politicians and key players in the legislative process, reached out to the media and launched “Albany Watch,” a series of weekly rallies designed to draw attention to the lack of an anti-trafficking law in New York and to maintain pressure on the state legislature to address the deficiency.

Dorotea Mendoza from GABRIELA Network speaks at final Albany Watch rally in 2007
Dorotea Mendoza from GABRIELA Network speaks at final Albany Watch rally in June 2007

As a result of these efforts, New York became the state with the strongest anti-trafficking law in the U.S. Among its many features, the Human Trafficking Law has a broad definition of trafficking, strong penalties for traffickers and buyers of sex, provides for closing down sex tour operators and prioritizes protection, remedies and services for victims. Equality Now and the New York State Anti-Trafficking Coalition continue to work with local law enforcement to ensure that the law is implemented.

Amicus Curiae Brief on Prostitution
In December 2005, Equality Now and the Coalition Against Trafficking in Women submitted an amicus curiae brief (PDF, English and Spanish only) to the United States District Court for the Southern District of New York and to the District Court for the District of Columbia on behalf of 19 groups around the world that work with women in the commercial sex industry, many of which are led by survivors of prostitution and sex trafficking. The brief was filed in cases brought by Alliance for Open Society International, Inc. and DKT International against the United States Agency for International Development, respectively. The brief clarified that policies opposing the legalization and practice of prostitution and sex trafficking do not stigmatize persons in prostitution, stating, “To identify the prostitution industry as a system of exploitation, discrimination, and abuse is not to stigmatize its victims; it is to stand in solidarity with them.”