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ARTICLES AND REPORTS
There is an unfortunate lack of reliable data on the problem of sex trafficking in Indian country. This lack of reliable data is tied to the limited amount of methodologically sound research, articles, and reports on the topic. However, the limited Native-specific research that has been done, and anecdotal evidence, suggest that Native women and girls are overrepresented in the sex industry and that sex trafficking disproportionately impacts Native women and girls.
A report on the commercial sexual exploitation of American Indian/Alaska Native women and girls in Minnesota, including sex trafficking. In 2006, the Legislature passed Minnesota Statute section 299A.79 requiring the Commissioner of Public Safety to develop a plan to address current human trafficking and prevent future sex trafficking in Minnesota.(2009)
The study provides powerful personal accounts of violence, poverty, survival, and strength by Native women themselves. The study authors stress that these women’s strengths as well as their vulnerabilities must be seen in the context of a history of systematic harm to Native people, racism, poverty, and a lack of housing, healthcare, job, and education opportunities. (2011)
Produced in partnership with St. Paul- based Othayonih Research and funded by the Women’s Foundation of Minnesota, it is the first-of-its-kind study to examine the overall market structure of juvenile sex trafficking as it functions within one city. The project combines interviews, analysis of police data, and a media review. (2014)
This Article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. (2010)
This Article argues that because of its historical and ongoing investments in settler colonialism, the Canadian state has long been complicit and continues to be complicit in the human trafficking of indigenous women and girls in Canada. This Article pays particular attention to the Canadian state’s uses of law to enable the trafficking of indigenous women and girls (and indigenous peoples, generally). (2015)
The report--by the International Human Rights Clinic at Willamette University College of Law--focuses specifically on Native populations within Oregon. It’s focus is one of a human rights legal fact-finding report that sets out to measure whether federal, state, and local government officials are meeting their obligations under international, national and state law in prosecuting traffickers, protecting survivors, and preventing trafficking as it involves the Native population in Oregon. (2014)
Created by The National Council of Juvenile and Family Court Judges --This worksheet walks through several questions that prompt participants to make a plan that is in alignment with the needs and abilities of the community. Some things your community will be able to work on immediately. Others will take more time and might give ideas for potential grant applications or other funding requests for the future. Still others will require coordination with non-Native communities and agencies. (2015)
In 2010, large deposits of oil and natural gas were found in the Bakken shale formation, much of which is encompassed by the Fort Berthold Indian reservation, home to the Mandan, Hidatsa, and Arikara Nation (“MHA Nation” or “Three Affiliated Tribes” or “the Tribe”). This paper begins by describing the intersection of sex trafficking and oil and gas development on the Fort Berthold reservation. Next, the paper describes the jurisdictional regime within federal Indian law and other barriers to law enforcement that have created a situation ripe for trafficking and other crime on the Fort Berthold reservation. Third, the paper will examine strategies to address this complex issue including: corporate engagement of relevant companies; tribal capacity and coalition building; and remedies contained in the Violence Against Women Act of 2014. This paper asserts that all of the stakeholders involved in oil development on the Fort Berthold reservation – federal, state, tribal, and public and private companies – must work cooperatively to decisively eliminate sex trafficking of Native women and children. (2016)
The Combating Trafficking, Native Youth Toolkit on Human Trafficking was created by Department of Health and Human Services, Administration for Children & Families Office of Trafficking in Persons, and Administration for Native Americans. This toolkit includes a look into What is Human Trafficking, includes Stores of Human Trafficking, Tips for Protecting Yourself, Ways You Can Fight Human Trafficking in Your Community, and Additional Resources on Human Trafficking.
The crime of commercial sexual exploitation, or sex trafficking, is affecting tribal communities everywhere. Tribal child welfare agencies can collaborate with others to create a circle of protection by recognizing the issue and it’s effect on tribal communities, protecting children by incorporating responsive strategies, and preventing future occurrences. The tools, examples, and information compiled here may help agencies better understand the issue while exploring different ways to respond. It’s up to each individual agency to determine how they would like to proceed.
Toll Free and Online Hotlines for Crime Victims
This issue of the UCLA Law Review is completely focused on trafficking issues and was created in conjunction with their 2015 Symposium "Examining the Roots of Human Trafficking and Exploitation."
U.S Department of Health and Human Services Administration for Children, Youth and Families (ACYF): Guidance to States and Services on Addressing Human Trafficking of Children and Youth in the United States
Discussing the problem of human sex trafficking of children and youth in the United States and the response and resources that they may need.
This website provides useful information onf sex trafficking as it relates to children and youth. Some of the resources available include:
Human Trafficking 101 for School Administrators and Staff (Informational flyer from the Blue Campaign, U.S. Department of Homeland Security)
Human Trafficking of Children in the United States- A Fact Sheet for Schools (Fact sheet created by the U.S. Department of Education, Office of Elementary and Secondary Education)
This site collects research and commentary regarding the impact of United States Trafficking Laws and Policies in the United States and internationally.
This briefing report was created after a panel of experts briefed members of the United States Commission on Civil Rights (“Commission”) on April 13, 2012 to examine the federal government’s response to this issue of human trafficking from a gender-based discrimination perspective. The panelists discussed how the Federal Bureau of Investigation (FBI) does not list trafficking as a major crime category, how the U.S. Department of Health and Human Services (HHS) does not collect statistics on the scope of trafficking, and how difficult it is to collect and track accurate data on the prevalence of sex trafficking of minors versus adults. Based on that discussion, the Commission developed the findings and recommendations that are included in this report.
Among its findings, the Commission notes that the definitions of what is sex trafficking differ among United States executive agencies and state and local law enforcement authorities. Testimony showed that sex trafficking is clearly a violation of gender-based civil and human rights that enslaves women and girls in commercial sex and is rooted in gender-based discrimination. The Commission also noted that testimony showed that sex trafficking also enslaves men and boys, particularly gay and transgender individuals, in commercial sex and is discrimination on the basis of sexual orientation and is also rooted in social exclusion.
The Commission recommends that a model state law on trafficking be developed.
The Commission also recommends that the federal government develop standard definitions of “sex trafficking” and related terms with input from involved federal agencies, state and local law enforcement entities, and the advocacy and scholarly sectors. In addition, the Commission suggests that the FBI should list trafficking as a major crime category; and HHS should collect statistics on the scope of trafficking, including a percentage of victims.
In recent years, increasing attention has been paid to child sex trafficking and to the lack of comprehensive and accurate data collection on the prevalence, characteristics, and service needs of trafficked victims. Despite the difficulties in compiling national data, studies at the local level have shown that many of the minors and young people who are trafficked have contact with the multiple systems, including child welfare and/or juvenile justice, at some point in their lives. Thus, child welfare agencies and service providers are well positioned to identify, collect information on, and provide services to trafficked minors and young people. Furthermore, it’s important that child welfare agencies look for opportunities to strengthen collaboration with juvenile justice and other community partners to develop their capacity to comprehensively and compassionately address the specific and unique needs presented by this population.
Effectively meeting the requirements of the Preventing Sex Trafficking and Strengthening Families Act will require strong collaboration and cross-system coordination between child welfare and other youth-serving agencies. This document provides State and local child welfare agencies with information on partnering with other agencies to address sex trafficking.1 Ultimately, coordination and collaboration can advance effective identification, reporting, and services for youth who are victims or are at risk of becoming victims. Collaboration may take many forms ranging from brief consultation to the development of coordinated protocols and formation of a cross-sector collaboration or coalition.
Child and youth victims of trafficking have unique needs and experiences, both in terms of the dynamics of their exploitation and their potential interaction with the criminal justice system as a victim-defendant. Unlike most other child victims and witnesses, trafficking survivors may have different roles within the justice system, including as a defendant in a criminal case. It is vital that they understand their rights as a victim, who may also be a defendant, especially due to the confusion and self-blame that may accompany being a defendant. Knowing their rights will help empower them so they can make their voices heard and advocate for themselves. Each graphic novel includes excerpts from individuals with lived experience, who offer support and information to the reader who might find themselves in a similar situation. Based on the input of national experts, these materials are intended to teach child and youth victims of trafficking between the ages of 12−18 about:
How the justice system works
What their rights are
The roles of the different practitioners they might meet and
How they can cope with the difficult feelings they might have