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Date: November 22, 2024 Fri
Time: 11:58 am
Time: 11:58 am
Results for forced labor (california, u.s.)
1 results foundAuthor: University of California, Berkeley, Human Rights Center Title: Freedom Denied: Forced Labor in California Summary: Forced labor—defined as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily” is not something that happens somewhere ‘over there’ in the developing world. It is a significant and often overlooked problem right here in the United States. Our research suggests that at any given time, ten thousand or more men, women and children are laboring against their will as prostitutes, farm and sweatshop laborers, and domestic workers in the United States. The U.S. Congress has recognized the scope of the problem and, in 2000, adopted the Trafficking Victim Protection Act. But the federal government understands that more needs to be done, and it has urged states to close gaps in the law by passing their own laws to combat human trafficking and forced labor. California is hardly a stranger to the issue—especially because forced labor flourishes in states with large immigrant populations. In recent years, the practice has spread to several areas of the state. Over eighty percent of the cases have been documented in the urban centers of Los Angles, San Diego, San Francisco, and San Jose. The majority of those forced to work as modern-day slaves come to California from abroad—with or without valid travel documents. Others are U.S. citizens that have fallen into the clutches of traffickers. Whether foreigners or not, they are terrified of their captors and face uncertain futures should they manage to escape. Our research identified 57 forced labor operations in almost a dozen cities in California between 1998 and 2003, involving more than 500 individuals from 18 countries. Thailand was the home country of 136 forced labor victims, with 104 and 53 arriving from, respectively, Mexico and Russia. American citizens comprise 5.4 percent of the total. Victims labored in several economic sectors including prostitution and sex services (47.4%), domestic service (33.3%), mail order brides (5.3 %), sweatshops (5.3%), and agriculture (1.8%). Victims of forced labor often suffer severe hardships and deprivations. Their captors often subject them to beatings, threats, and other forms of physical and psychological abuse. They live in conditions of deprivation and despair. Their captors may threaten their families. Perpetrators exert near total control over victims, creating a situation of dependency. Victims come to believe they cannot leave. They are terrified of their captors but also fear law enforcement, a fear often based on bad experiences with police and other government officials in their countries of origin. Once victims escape captivity they confront a host of new problems Obtaining safe shelter and legal employment are immediate concerns. Because so many survivors are strangers in a strange land, provision of comprehensive social services is needed to help them navigate from servitude to independent living. In recent years, thanks to the new trafficking act, federal prosecutors have taken the lead in bringing perpetrators of forced labor to justice. But much more needs to be done at the state level to end this practice. California criminal law, in particular, needs to be reformed to sanction modern traffickers and to train law enforcement to identify forced labor cases and to work appropriately with victims to gain their trust and cooperation in investigations and prosecutions. State law enforcement needs to coordinate their efforts with federal authorities to ensure that survivors promptly can access federal immigration benefits. In addition, prosecutors must act to protect witnesses and their families who reside overseas. To eradicate forced labor in California, we recommend that the following measures be taken: 1. The state should enact new criminal laws against forced labor. California’s criminal laws are not tailored to combat the practice of forced labor. The U.S. Department of Justice has proposed model state legislation which reflects the experience of law enforcement personnel who have investigated and prosecuted perpetrators under federal criminal law. California should review and adapt the model law so that state law enforcement can amplify federal efforts and bring greater numbers of offenders to justice. 2. The state should train law enforcement and other first responders to identify and address forced labor. Law enforcement personnel, health care providers, health and labor inspectors, and other first responders likely to encounter victims of forced labor should be trained to recognize the indicators of forced labor and how to intercede to liberate victims so that wellintentioned interventions do not jeopardize victims and their families. 3. The state should create civil remedies for forced labor survivors. Survivors of forced labor have been robbed of their earnings and their dignity. They should have access to courts to hold their perpetrators liable for the damages they inflicted upon survivors. The ability to file a private suit will allow survivors to control decisions about whether to pursue legal action and may help restore to them a sense of control over their lives. 4. The state should increase access to social services for survivors of forced labor. Safe housing and access to legal counsel must be made available to survivors. The state should provide funds to expand shelters dedicated to serving forced labor survivors. While only the federal government can provide immigration benefits to survivors, state law enforcement promptly should issue the appropriate certifications so that survivors can apply for federal relief. The state should fund medical care, legal assistance, job training and placement to support the recovery of survivors. 5. The state should create a task force to develop policy to address human trafficking and forced labor. A comprehensive response to forced labor involves many state and federal agencies, social service providers, legal advocates, researchers, and policy makers. The state should convene a task force to bring together stakeholders to identify gaps in the response to forced labor, develop guidelines to promote a consistent and survivor-centered approach to cases, and recommend policy to strengthen the state’s response. Details: Berkeley, CA: Human Rights Center, University of California, Berkeley, 2005. 39p. Source: Internet Resource: Accessed January 22, 2013 at: http://www.oas.org/atip/country%20specific/Forced%20Labor%20in%20California.pdf Year: 2005 Country: United States URL: http://www.oas.org/atip/country%20specific/Forced%20Labor%20in%20California.pdf Shelf Number: 127349 Keywords: Forced Labor (California, U.S.)Human RightsHuman TraffickingProstitutes |