A perfect storm: The US anti-trafficking regime's failure to stop the sex trafficking of American Indian women and girls
Date
2012
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Columbia Human Rights Law Review
Abstract
This Note explores how the United States’ modern antitrafficking efforts have failed American Indian sex trafficking victims. Part II analyzes the unique characteristics of the sex trafficking of American Indian women. Part III lays out the antitrafficking structure that federal and state governments have developed since 2000. Part IV then evaluates how this structure has failed to address the needs of American Indian victims both in its construction and implementation. This failure is part of a broader failure of the United States to effectively assist U.S. citizen and legal permanent resident (LPR) trafficking victims, also known as domestic victims. The construction of the TVPA, the government rhetoric surrounding it, and even the federal definition of sex trafficking have all focused myopically on foreign victims, largely ignoring the situation of domestic victims. This foreign victim paradigm of sex trafficking has, in turn, severely marginalized domestic victims in the implementation of government anti-trafficking efforts by law enforcement, prosecutors, and service providers. For American Indian victims, this marginalization is further aggravated by jurisdictional complexities, lack of tribal resources, institutional racism, and generational trauma. Part V explores ways to undo this marginalization and improve anti-trafficking efforts so as to meet the needs of domestic victims and, in particular, American Indian victims For several reasons, this is an important time to address the sex trafficking of American Indians and domestic victims more generally. First, the trafficking of American Indian women and girls is a growing problem associated with the increased presence of gangs and drug trafficking rings on tribal land. Weaknesses and potential improvements to anti-trafficking efforts need to be identified before sex trafficking operations become better organized and are driven deeper underground. Second, the Trafficking Victims Protection Act—the statutory leader of all U.S. anti-trafficking efforts—is to be reauthorized in 2012. This presents an opportunity to rebalance the anti-trafficking structure to protect foreign and domestic victims. It is also an opportunity to be an example to the rest of the world of respect for indigenous rights. Aboriginal women are disproportionately represented among prostituted women. Under international and federal law, the U.S. government has a responsibility to protect the rights and well-being of American Indians. The Violence Against Women Act specifically recognized that this responsibility extends to assisting tribal governments in safeguarding the lives of Native women.29 Addressing American Indian trafficking victims in the new TVPA would meet these obligations and set an example. (Author Introduction)
Description
item.page.type
Article
item.page.format
Keywords
child abuse, CSEC, sexual exploitation, policy, law, Native American
Citation
Johnson, A. (2012). A perfect storm: The US anti-trafficking regime's failure to stop the sex trafficking of American Indian women and girls. Columbia Human Rights Law Review, 43(2).