Words and Phrases Commonly Used in Reference to Human Trafficking and Modern-Day Slavery:
Acquisition of SlavesAcquisition of slaves primarily occurs in one of five ways:
One form of coercion is the use of a bond or debt. U.S. law prohibits the use of a debt or other threats of financial harm as a form of coercion and the Palermo Protocol requires its criminalization as a form of trafficking in persons. Some workers inherit debt; for example, in South Asia it is estimated that there are millions of trafficking victims working to pay off their ancestors’ debts. Others fall victim to traffickers or recruiters who unlawfully exploit an initial debt assumed as a term of employment.
Debt bondage of migrant laborers in their countries of origin, often with the support of labor agencies and employers in the destination country, can also contribute to a situation of debt bondage. Such circumstances may occur in the context of employment-based temporary work programs when a worker’s legal status in the country is tied to the employer and workers fear seeking redress.(6)
BoycottOrganized effort by consumers to stop purchasing targeted products and/or to stop supporting targeted companies, with the intent to pressure the company to alter some business practice.(1)
Chattel SlaveryOne person assumes complete legal ownership over another. Chattel slavery is the only type where the slave is considered the legal property of the slaveholder, and it exists today primarily in Mauritania and other parts of Northern Africa. (Slavery is technically illegal in these countries, but law enforcement there often returns escaped slaves to their slave holders based on the asserted ownership just as if the practice was legal.) This is the type of slavery that existed in the antebellum American South.(1)
Child Sex TraffickingWhen an adult is coerced, forced, or deceived into prostitution – or maintained in prostitution through one of these means after initially consenting – that person is a victim of trafficking. Under such circumstances, perpetrators involved in recruiting, harboring, transporting, providing, or obtaining a person for that purpose are responsible for trafficking crimes. Sex trafficking also may occur within debt bondage, as women and girls are forced to continue in prostitution through the use of unlawful “debt” purportedly incurred through their transportation, recruitment, or even their crude “sale” – which exploiters insist they must pay off before they can be free. A person’s initial consent to participate in prostitution is not legally determinative: if one is thereafter held in service through psychological manipulation or physical force, he or she is a trafficking victim and should receive benefits outlined in the Palermo Protocol and applicable domestic laws.(6)
CoercionThreats of serious harm or physical restraint against any person; any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or threatened abuse of legal process.(3)
Commercial Sex ActAny sex act on account of which anything of value is given to or received by any person.(4)
Continued PresenceAllows victims who lack legal status and are assisting law enforcement as potential witnesses to remain in the country for the course of criminal investigation. Through continued presence, victims can receive temporary immigration relief.(5)
Contract SlaveryRelatively modern form of slavery, where a worker is deceived into slavery through the use of a false employment contract. Slave holders create contracts to lure individuals with promises of employment, yet once they arrive at the workplace they are forced to work for no pay and cannot escape. The false contracts are used to avoid criminal charges or to prove that a “debt” is owed to the slaveholder.(1)
Convention or CovenantLegally binding agreement between states sponsored by an international organization. 1
Debt Bondage (or bonded labor) SlaveryThe most common method of enslavement in the world today, accounting for nearly 20 million of the world’s slaves. It begins when a person accepts a loan from a moneylender, often in order to purchase basic necessities such as food or medicine. The person (and often his or her family as well) are held as collateral against the loan. Because they are collateral, their work does not repay the debt but ‘belongs’ to the moneylender. Unable to earn money independently, the family is unable to repay the illegal debt and it is passed down from generation to generation, creating hereditary enslavement. This system is well-entrenched in South Asia, and can trap entire families in slavery for illegal debts as small as $40.(1)
Debt Bondage Amongst Migrant LaborersAbuses of contracts and hazardous conditions of employment for migrant laborers do not necessarily constitute human trafficking. However, the imposition of illegal costs and debts on these laborers in the source country, often with the support of labor agencies and employers in the destination country, can contribute to a situation of debt bondage. This is the case even when the worker’s status in the country is tied to the employer in the context of employment-based temporary work programs.(6)
ExploitationExploitation begins the moment the slave is acquired. Slaves are raped, tortured, starved, humiliated, and drugged during transportation, both for the pleasure of traffickers and also to break the slaves to make them more submissive upon sale.(7)
Federal Law Enforcement Authorization (LEA)Refers to any federal law enforcement agency that has the responsibility and authority for the detection, investigation, or prosecution of severe forms of trafficking in persons. Qualified LEAs include, but are not limited to, the offices of the Department of Justice, United States Attorney, Federal Bureau of Investigation (FBI), United States Citizenship and Immigration Services (USCIS), United States Immigration and Customs Enforcement (USICE), United States Marshal Service, and the Diplomatic Security Service of the Department of State. Certification of a person as a "trafficking victim" by a LEA is required by the TVPA before a trafficking victim can apply for the T Visa.(5)
Forced LaborForced labor, sometimes also referred to as labor trafficking, encompasses the range of activities – recruiting, harboring, transporting, providing, or obtaining – involved when a person uses force or physical threats, psychological coercion, abuse of the legal process, deception, or other coercive means to compel someone to work. Once a person’s labor is exploited by such means, the person’s previous consent or effort to obtain employment with the trafficker becomes irrelevant. Migrants are particularly vulnerable to this form of human trafficking, but individuals also may be forced into labor in their own countries. Female victims of forced or bonded labor, especially women and girls in domestic servitude, are often sexually exploited as well.(6)
Forced Child LaborAlthough children may legally engage in certain forms of work, forms of slavery or slavery-like practices continue to exist as manifestations of human trafficking, despite legal prohibitions and widespread condemnation. A child can be a victim of human trafficking regardless of the location of that nonconsensual exploitation. Some indicators of possible forced labor of a child include situations in which the child appears to be in the custody of a non-family member who requires the child to perform work that financially benefits someone outside the child’s family and does not offer the child the option of leaving. Anti-trafficking responses should supplement, not replace, traditional actions against child labor, such as remediation and education. When children are enslaved, however, their abusers should not escape criminal punishment by taking weaker administrative responses to child labor practices.(6)
GroomingGenerally, grooming is a phased, gradual process used by perpetrators to sexually exploit children and young people. It can take place over varying periods of time – from a few days to several years. It can also take different forms, and be more or less violent. Although the process of grooming someone may come in stages, each case is unique in its development.
Typical grooming involves a number of stages:
Although some children are able to free themselves from their perpetrators, the whole experience, particularly when it is sustained over a long time during a period of significant personal development, can profoundly change the child’s personality and affect their life prospects and chances. This includes the child experiencing significant psychological effects and extends to the child facing adverse social and economic consequences.(9)
Human SmugglingHelping someone to illegally cross country borders, often without identification or papers, for financial or material benefit. Smuggling ends with the arrival of the migrants at their destination, whereas trafficking involves the ongoing exploitation of the victims in some manner to generate illicit profits for the traffickers.(5)
Human TraffickingTrafficking in human beings is the illegal trade of human beings, through abduction, the use of threat of force, deception, fraud, or “sale” for the purposes of sexual exploitation or forced labor.(2) The term ‘human trafficking’ often has a specific legal definition based on the laws of countries or states or the conventions of international organizations, and those official definitions differ slightly from place to place. For example, under US law, anyone under 18 who is in prostitution is considered a trafficking victim.(1)
Involuntary Domestic ServitudeOne form of coercion is the use of a bond or debt. U.S. law prohibits the use of a debt or other threats of financial harm as a form of coercion and the Palermo Protocol requires its criminalization as a form of trafficking in persons. Some workers inherit debt; for example, in South Asia it is estimated that there are millions of trafficking victims working to pay off their ancestors’ debts. Others fall victim to traffickers or recruiters who unlawfully exploit an initial debt assumed as a term of employment.
Debt bondage of migrant laborers in their countries of origin, often with the support of labor agencies and employers in the destination country, can also contribute to a situation of debt bondage. Such circumstances may occur in the context of employment-based temporary work programs when a worker’s legal status in the country is tied to the employer and workers fear seeking redress.(6)
Involuntary (or forced) Labor SlaveryCondition of compulsory service or labor performed by one person, against his or her will, for the benefit of another person due to force, threats, intimidation or other similar means of coercion and compulsion directed against him or her.(1)
Involuntary ServitudeIncludes a condition of servitude induced by means of (a) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition that person or another person would suffer serious harm or physical restraint; or (b) the abuse or threatened abuse of the legal process.(3)
Migrant LaborWork done by people who travel from place to place for employment. Migrant laborers today are commonly immigrants, sometimes illegal, and often exploited by their employer. Most migrant labor is in agriculture, and the workers move around the country to harvest crops during different growing seasons. They are usually paid little for work, sometimes crossing the line into slavery when they are paid nothing and unable to leave.(1)
MovementMovement from countries of origin through transit countries into destination countries. In the case of internal trafficking, the same country acts as origin, transit, and destination.(7)
Non-Governmental Organization (NGO)Non-profit organization which is not part of any state or interstate agency.(1)
Palermo ProtocolsThree protocols adopted by the United Nations in 2000 in Palermo, Italy, together with the Convention against Transnational Organized Crime. One of the three is The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which was adopted by General Assembly resolution 55/25. It entered into force on 25 December 2003. It is the first global legally binding instrument with an agreed definition on trafficking in persons. The intention behind this definition is to facilitate convergence in national approaches with regard to the establishment of domestic criminal offences that would support efficient international cooperation in investigating and prosecuting trafficking in persons cases. An additional objective of the Protocol is to protect and assist the victims of trafficking in persons with full respect for their human rights.(8)
PeonageHolding someone against his or her will to pay off a debt.(5)
RestavecsChildren in Haiti are given or sold by their parents into domestic work for another family. The children are promised to education, training and care, but many become slaves for the family, where they are abused and forced to work.(1)
Servile or Forced MarriageA marriage where the woman has been forced or coerced into marriage against her will. The woman is forced to work, and frequently physically and sexually abused. In some cases the woman has been sold into the marriage.(1)
Sex IndustrySector of the economy in which sexual acts, performances or images are exchanged for money.(1)
Sex TraffickingThe recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.(4)
Sex TraffickingWhen an adult is coerced, forced, or deceived into prostitution – or maintained in prostitution through one of these means after initially consenting – that person is a victim of trafficking. Under such circumstances, perpetrators involved in recruiting, harboring, transporting, providing, or obtaining a person for that purpose are responsible for trafficking crimes. Sex trafficking also may occur within debt bondage, as women and girls are forced to continue in prostitution through the use of unlawful “debt” purportedly incurred through their transportation, recruitment, or even their crude “sale” – which exploiters insist they must pay off before they can be free. A person’s initial consent to participate in prostitution is not legally determinative: if one is thereafter held in service through psychological manipulation or physical force, he or she is a trafficking victim and should receive benefits outlined in the Palermo Protocol and applicable domestic laws.(6)
SlaveA person held against his or her will and controlled physically or psychologically by violence or its threat for the purpose of appropriating their labor.(1)
Slave TradingThe process of acquiring, recruiting, harboring, receiving, transporting an individual, through any means and for any distance, into a condition of slavery or slave-like exploitation.(7)
SlaveryThe process of coercing labor or other services from a captive individual, through any means, including exploitation of bodies or body parts. Slave Trading represents the supply side of trafficking whereas slavery represents the demand side.(7)
Supply SideThese are the several factors that have contributed to the supply of potential slave labor throughout history, including poverty, bias against gender or ethnicity, lawlessness, military conflict, social instability, and economic breakdown. Each factor was also directly exacerbated by the sweeping phenomenon of economic globalization.(7)
TreatyLegally binding agreement between two or more states.(1)
Trafficking Victims Protection Act 2000 (TVPA)Federal U.S. legislation passed in 2000 that emphasizes the prevention of trafficking, protection of victims and the prosecution of traffickers.
Unlawful Recruitment and Use of Child SoldiersChild soldiering is a manifestation of human trafficking when it involves the unlawful recruitment or use of children – through force, fraud, or coercion – by armed forces as combatants or other forms of labor. Some child soldiers are also sexually exploited by armed groups. Perpetrators may be government armed forces, paramilitary organizations, or rebel groups. Many children are forcibly abducted to be used as combatants. Others are unlawfully made to work as porters, cooks, guards, servants, messengers, or spies. Young girls can be forced to marry or have sex with male combatants. Both male and female child soldiers are often sexually abused and are at high risk of contracting sexually transmitted diseases.(6)
Worst Forms of Child LaborTerm used in the International Labor Organization (ILO) Convention 182; refers to child labor involving slavery, trafficking, forced labor, child soldiering, commercial sexual exploitation.(1)
1.Free The Slaves online glossary (https://www.freetheslaves.net/SSLPage.aspx?pid=305)
2.Definition based on the UN Protocol to Prevent,Suppress and Punish Trafficking in Persons, especially Women and Children (2000)
3.Midwest Immigrant and Human Rights Center 2003
4.Ibid
5.New Jersey Anti-Trafficking Initiative at the International Institute of New Jersey 2006
6.Trafficking in Persons Report 2012
7.Sex Trafficking: Inside the Business of Modern Slavery, Siddharth Kara
8.United Nations Office on Drugs and Crime- http://www.unodc.org/unodc/en/treaties/CTOC/index.html
9.CROP http://www.cropuk.org.uk/grooming