Human Trafficking Introduction

Human Trafficking Introduction

Background

Trafficking in persons, also known as “human trafficking,” is a crime whereby traffickers exploit people and profit from them by compelling them to engage in forced labor or commercial sex. Human trafficking threatens our national security, our physical and virtual borders, our immigration and customs systems, our prosperity, our personal and public safety. The United States has declared it a national priority to end human trafficking, including the importation of goods produced with forced labor. The U.S. Department of Defense prohibits human trafficking and sustains an effective program to combat trafficking in persons in both its domestic and international environments.

Recognizing key indicators of sex trafficking, labor trafficking and/or child soldiering can save lives. It can also prevent FAR compliance consequences (such as suspense and debarment for prime and sub-contractors), law enforcement investigations, and legal actions taken against DoD.

Training

All DoD personnel are required by law to take a CTIP training on human trafficking within one year of joining the DoD, and a general refresher course every two years after that. Specialty trainings, such as the CTIP Health and Human Trafficking training for the 140,000 Defense Health Agency health providers, the CTIP Acquisition Personnel training for the 180,000 acquisition personnel, the Military Chaplains Training on Trafficking, and the new CTIP Judge Advocate and Legal Counsel training may be taken in lieu of the CTIP Refresher course every two years.

As a Judge Advocate, you may be alerted about a potential trafficking case in any number of ways.

Reporting

All DoD personnel are instructed to report suspected or confirmed cases of human trafficking through their chain of command, the local DoD IG office, or the IG hotline at www.dodig.mil/hotline. Every training instructs DoD personnel to:

  • Avoid off-limits establishments and/or any establishments or persons that may be involved in TIP
  • Report incidents or suspicious activity to the chain of command, the local DoD IG or the DoDIG Hotline
  • NEVER ACT ALONE

Military personnel are instructed in the following way:

“You should report suspicions of TIP activities to your chain of command. You may also report them to your local DoD Inspector General office, by calling the DoD IG Hotline, or by visiting their website. Avoid any establishments or people that you believe may be involved in TIP. And NEVER act alone – you may want to help, but trafficking situations are dangerous.”

Credible Information

The Trafficking Victims Protection Act requires that any credible information should be acted upon immediately (within 3 days). According to the law, the term “credible information” includes all of the following:

  1. Reports by the Department of State.
  2. Reports of other Federal agencies, including the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor and List of Products Produced by Forced Labor or Indentured Child Labor.
  3. Documentation provided by a foreign country, including—
    1. copies of relevant laws, regulations, and policies adopted or modified; and
    2. an official record of enforcement actions taken, judicial proceedings, training conducted, consultations conducted, programs and partnerships launched, and services provided.
  4. Materials developed by civil society organizations.
  5. Information from survivors of human trafficking, vulnerable persons, and whistleblowers.
  6. All relevant media and academic reports that, in light of reason and common sense, are worthy of belief.
  7. Information developed by multilateral institutions.
  8. An assessment of the impact of the actions described in subparagraphs (A) through (I) of paragraph (5) on the prevalence of human trafficking in the country.1

There are many ways in which a Judge Advocate may receive credible information. The methods for receiving credible information can include, but are not limited to:

  1. Chain of command
  2. Local authorities
  3. Department of Defense Inspector General (IG) Hotline on Fraud, Waste & Abuse
  4. National Human Trafficking Resource Center Hotline
  5. Staff Judge Advocate/Judge Advocate General (JAG) lawyer
  6. Sexual Assault Prevention and Response Office (SAPRO)
  7. Victim/Witness Assistance Program Manager
  8. Outside observer – civilian or military
  9. Other Department of Defense agencies

1 22 USC § 7102 (6)