DOJ/OPDAT Trafficking in Persons
Combating Trafficking in Persons (TIP) is a top OPDAT priority. OPDAT provides substantial technical assistance throughout the world based on a holistic model encompassing the “Three Ps of TIP:” Prevention, Protection and Prosecution. OPDAT assistance includes training and developmental projects with overseas law enforcement officials geared to strengthening our international partners’ capabilities to prevent transnational trafficking; protect victim witnesses and thereby encourage their participation in investigations and prosecutions; and effectively investigate and prosecute trafficking cases. OPDAT also works with host countries on developing evidence collection techniques which can generate evidence usable in transnational prosecutions, including those brought by the Justice Department in the US. OPDAT also does legislative reform and drafting in the area of TIP to ensure that TIP law is victim assistance centered and compliant with Palermo Protocol of UN Organized Crime Convention.
OPDAT regularly calls upon the expertise of Department attorneys from the Civil Rights Division (CRT), the Child Exploitation and Obscenity Section (CEOS) and the United States Attorney's Offices (USAO) in both the design and execution of anti-trafficking in persons (TIP) technical assistance and training programs overseas. Advisors regularly furnish legislative drafting and implementation assistance with the help of Departmental experts from CRT, CEOS and USAOs, who are selected for their expertise in a specific area or their work on a successful TIP prosecution that they can present as a case study to their foreign counterparts.
In FY 2007, OPDAT conducted 55 programs involving 19 countries (Armenia, Azerbaijan, Bangladesh, Bosnia, Bulgaria, Georgia, Ghana, Indonesia, Kyrgyzstan, Latvia, Macedonia, Malawi, Nepal, Romania, Russia, Taiwan, Tanzania, Thailand, and Zambia).
Recent Activities
Human Trafficking Legal Advisor Arrives in Tanzania: On September 5, an Assistant United States Attorney from the Eastern District of New York arrived in Dar es Salaam, Tanzania, to begin her six- to eight-month assignment as the OPDAT Intermittent Legal Advisor on human trafficking issues to Tanzania. She will provide advice and technical assistance to the Tanzanian prosecution service to strengthen its capacity to investigate, prosecute, and adjudicate human trafficking offenses under the new human trafficking law, that is currently in its last stage of approval.
Trafficking in Persons Program in Mexico: From July 15-18, OPDAT conducted a workshop on investigating and prosecuting trafficking in persons cases in Mexico City, Mexico, for 21 Mexican prosecutors. The program covered the following: the distinction between trafficking and smuggling; Mexico’s new trafficking laws; techniques for interviewing victims, particularly underage ones; victim assistance and witness protection; and task force development. This was the second in a series of three workshops; the first took place from June 17-20. The final program is tentatively scheduled for September 2008. DOJ instructors included three Assistant US Attorneys from the District of Arizona.
US-Based Study tour on Human Trafficking for Prosecutors from Tajikistan: From July 14 - 18, OPDAT conducted a US-based study tour for four Tajik prosecutors specializing in human trafficking cases. During meetings with attorneys from the Child Exploitation and Obscenity Section, Criminal Section of the Civil Rights Division, and the United States Attorney’s Office in the District of Columbia, the group explored how human trafficking cases are investigated and prosecuted in the United States. They also met with agents from Immigration Customs Enforcement, Federal Bureau of Investigation and detectives from the Metropolitan Police Department. The State Department recently placed Tajikistan on the Tier Two Watch List because of its less than aggressive efforts to prosecute traffickers. The purpose of this study tour is to encourage the Tajiks to pursue these cases and to equip them with the skills needed to enhance their prosecutorial efforts.
Trafficking in Persons Program in Russia: From July 7-9, the OPDAT Resident Legal Advisor to Russia conducted a program on human trafficking in Irkutsk, Russia. It provided an overview of the trafficking-in-persons situation in the United States as well as efforts by governmental and non-governmental agencies to provide assistance, protection and benefits to trafficking victims. This conference is part of DOJ’s and Embassy Moscow’s strategy to heighten public awareness of the crime of human trafficking and to enhance Russian law enforcement’s capacity to investigate and prosecute human traffickers and protect victims.
Program on Combating Child Pornography for Russian Delegation:From June 23 - 27, an OPDAT Resident Legal Advisor to Russia led a US-based study tour on combating child pornography for a delegation of 13 Russian Duma deputies (lower house of Parliament), prosecutors, investigators, and non-governmental organization personnel. The program, which took place in Washington, DC, familiarized the participants with the laws the US uses to prosecute the production, possession, receipt, and distribution of child pornography; the registration of sexual offenders in the US and the proposed Sexual Offender Registration and Notification Act; and the regulations and restrictions governing the Internet service provider industry in the US. The program is part of DOJ’s ongoing efforts to assist Russia in its fight against the production, distribution, possession, and receipt of child pornography in Russia. The delegation met with experts from both government and private organizations. These include the Justice Department’s Child Exploitation and Obscenity Section, Federal Bureau of Investigation, Cyber Crime Center in the Department of Homeland Security, Office to Monitor and Combat Trafficking in Persons in the Department of State, National Center for Prosecution of Child Abuse in the National District Attorney’s Association, National Center for Missing and Exploited Children, and United States Internet Service Providers Association.
Border Crime and Human Trafficking Workshops in Bulgaria: From June 18 - 20, OPDAT conducted a workshop in Sofia, Bulgaria, on human trafficking and cross border crime for 26 Bulgarian prosecutors, police officials from the Ministry of Interior, and judges. The workshop was the second in a series of training programs jointly organized with the National Institute of Justice, Bulgaria's training institution for prosecutors and judges, and the Bulgarian Police Academy. The trainers at the workshop were primarily from a "core group" of Bulgarian officials whom OPDAT has empowered to become leading anti-trafficking experts in Bulgaria. Representing DOJ was the Director of the Professional Development Office, Civil Rights Division.
Trafficking in Persons Program in Mexico: From June 17 - 20, OPDAT conducted a workshop on investigating and prosecuting trafficking in persons cases in Mexico City, Mexico, for 20 Mexican prosecutors. The agenda included the distinction between trafficking and smuggling; a discussion of Mexico’s new trafficking laws; techniques for interviewing victims, particularly underage ones; victim assistance and witness protection; and task force development. The workshop will be offered again in July. Representing DOJ were two Assistant US Attorneys from the District of Arizona.
Trafficking in Persons Program in Tanzania: From June 9 - 12, in Dar es Salaam, Tanzania, OPDAT and the International Criminal Investigative Training Assistance Program (ICITAP) conducted a program on human trafficking cases for Tanzanian prosecutors and investigators. It reviewed the pending human trafficking law and examined investigative and prosecutive techniques and practices, such as conducting raids and surveillance, interviewing witnesses, securing evidence, victim protection, preparation for trial, and overall coordination between prosecutors and investigators. Representing DOJ were the OPDAT Intermittent Legal Advisor Designate to Tanzania; a Special Litigation Counsel from the Human Trafficking Prosecution Unit, Criminal Section, Civil Rights Division; and two ICITAP Technical Advisors.
Program on Human Trafficking for Labor Purposes in Indonesia: In May, OPDAT and ICITAP conducted two training programs in Indonesia on human trafficking. Both emphasized Indonesia’s recently enacted anti-human trafficking law. On May 13 - 14, one took place in West Kalimantan, which is a transit and destination area for the trafficking of women and children for commercial sex work and forced domestic labor. The training program, which was given to prosecutors and representatives of the National Board for the Placement of Indonesian Overseas Workers, covered prosecution methods and the need for increased coordination and collaboration between police and prosecutors. On May 29 - 30, a program on human trafficking for labor purposes took place in Manado, North Sulawesi, another area with human trafficking problems. That program addressed how the new law affects pre-existing labor laws, as well as when one or both of the laws can be used to fight the internal trafficking of workers. Representing DOJ were the OPDAT Intermittent Legal Advisor to Indonesia and the ICITAP Assistant Director for Asia and the Pacific.
Human Trafficking Workshop in Nicaragua: From May 6 - 8, OPDAT, in partnership with the US Embassy in Managua, Nicaragua, conducted a workshop on combating human trafficking for about thirty representatives from the Government of Nicaragua and relevant non-governmental organizations. The purpose of the workshop was to enhance the ability of Nicaragua’s prosecutors and investigators to handle human trafficking cases; to that end, the participants drafted a handbook of best practices for investigating and prosecuting human trafficking cases. The program’s facilitators included an Assistant US Attorney who was formerly the Resident Legal Advisor to Nicaragua and an Assistant US Attorney from the District of Arizona. They were also assisted by the Director of Immigrant Services for Catholic Charities’ Long Island, New York office.
Program on Human Trafficking for Labor in Indonesia: On April 29 - 30, the OPDAT Intermittent Legal Advisor to Indonesia conducted a program in Bogo, Indonesia, on human trafficking and labor law for 25 prosecutors and four senior officials from the Indonesian Ministry of Manpower, the Indonesian agency responsible for labor regulation. The focus was on developing strategies for effective prosecution to combat the internal trafficking of workers, how the new Indonesian trafficking in persons law affects pre-existing labor law, and when one or both of the laws can be used in human trafficking cases. The program was part of a series of three trainings on human trafficking sponsored by DOJ with support from the Indonesian Attorney General’s Office.
Regional Program on Combating Child Exploitation in Chisinau, Moldova: From March 10 - 14, OPDAT, in conjunction with the Government of Moldova and the US Department of State, conducted a regional program in Chisinau on best practices to combat child exploitation in Eurasia for over forty-five delegates from six countries (Armenia, Georgia, Kazakhstan, Moldova, Russia, and Ukraine). One of the primary focuses was to encourage countries to craft laws to combat child exploitation that comply with international standards. Toward that end, the OPDAT Resident Legal Advisor to Georgia updated the group on a legislative package currently pending before the Georgian Parliament that would make digitally trafficked images a crime regardless of whether the person sends, receives, or possesses such images. The legislation would bring Georgia in compliance with international and Council of Europe standards. Representatives from the Criminal Division, including a Child Exploitation and Obscenity Section Trial Attorney and an OPDAT Program Manager, along with the United Nations International Children’s Emergency Fund, helped the Georgians with the initial draft of this legislation. Other USG agencies involved included the Federal Bureau of Investigation Innocent Images and Homeland Security’s Immigration and Customs Enforcement.
Human Trafficking Program in Kosovo: On February 27, the OPDAT Resident Legal Advisors to Kosovo, in collaboration with the Kosovo Judicial Institute (the official training arm of the Kosovo government for prosecutors and judges), conducted the first of a series of five practical skills development workshops on various topics. This first workshop focused on the prosecution of human trafficking cases, including making arguments in court, negotiating a plea agreement, and analyzing the code to identify elements of human trafficking offenses. Also serving as expert presenters were a UN Mission in Kosovo international judge and international prosecutor.
Trafficking in Persons Programs in the United Arab Emirates: At the request of the United Arab Emirates Ministry of Justice, the OPDAT Resident Legal Advisor to the United Arab Emirates and the US Embassy in Abu Dhabi arranged for assistance for judges and prosecutors on implementation of the country’s new Trafficking in Persons Law. From February 24 - 28, an Assistant United States Attorney from the Eastern District of New York, along with an FBI Special Agent and an Immigration and Customs Enforcement Special Agent, participated in two training seminars. The group discussed how to work with human trafficking victims during the investigation and trial stages.
Train-the-Trainer Workshop in Bulgaria: From February 14 - 15, the OPDAT Resident Legal Advisor to Bulgaria, in conjunction with Bulgaria’s prosecutorial training facility known as the National Institute of Justice, conducted a train-the-trainers workshop in Sofia for twenty-five participants. The topics were trafficking in persons and financial crimes.
|