In the Spring of 2010, the The U.S. Army’s Logistics Civil Augmentation Program IV (LOGCAP) contracted with Flower, a prime contractor that provides contractor support and logistics work for U.S. military troops stationed in Afghanistan, Iraq, and Kuwait. Flower’s role is to supply labor to the Army for support roles such as construction, firefighting, laundry service, food services support, water works, and maintenance jobs, and power generation support. They provide the Army with the logistical support it needs, so that soldiers can focus on the mission at hand. Flower sub-contracted with Precolog, a company based in Amman, Jordan, for 1,000 laborers for sanitation, cleaning, cooking. Precolog turned to unlicensed recruiters in India to obtain the laborers. The workers were told they were going to have high-paying jobs in hotels and restaurants in Jordan. They paid a recruiting fee of $5,000 to guarantee their placement. They were then asked for their passports and boarded a plane, but instead of flying to Jordan, they landed in Afghanistan where they were held in a tin warehouse for three months. During a routine inspection, one of the men complained to a U.S. soldier that some laborers were sick and couldn’t get medical attention because they were locked in the warehouse and no one was allowed in or out. Upon further questioning, he told the soldier that they only had one meal of rice a day and that they were forced to share one water bottle a day. The soldier had been a part of the Department of Defense’s total workforce training on trafficking in persons and immediately reported the conversation to his commander. Discuss factors that are indicators of trafficking in persons and how the President’s Executive Order (“Strengthening Protections Against Trafficking in Persons in Federal Contracts,” September 25, 2012), and Section 17 of the National Defense Authorization Act of 2013, entitled, the “End Trafficking in Government Contracting Act” address the problem described above, illustrating your discussion with 5 provisions from the Executive Order and the NDAA designed to prevent and address trafficking in government contracting.
Country X has a serious problems of trafficking in persons. At least 25 criminal organizations are involved in trafficking people for forced labor or commercial sexual exploitation. A recent U.N. report detailed over a thousand cases of trafficking within and across borders in the country. Over the years, the Country has discussed a trafficking law, but never passed one. Now, neighboring countries are demanding that Country X address its egregious trafficking problem.
Using the U.S. Trafficking Victims Protection Act of 2000 and the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, outline for Country X the most critical provisions in any comprehensive anti-trafficking act.
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Introduction & Overview
The scenario presented is, to say the least, stunning in the story it tells of the brazen, commercial and calculated exploitation of people seeking nothing more than gainful employment. The challenge, however, is to discern whether the case is categorically one of human trafficking, notwithstanding the intuitive, emotional response that such a story—where people are deceived into transnational, forced, captive labor, for which they had to pay, no less—must be definitional – if such is not human trafficking, then what is? The fact that such a scenario occurs in the course of the fulfilment of an official, standard, government contract is doubly astounding, though perhaps unsurprising given the massive amounts of money to be made by the ‘enterprising’. The upside—as much as it is possible for there to be upside in a case of perpetrated human suffering—is that the governmental context makes the activity directly police-able and, hopefully, preventable by, first, legislation, and then government preparation, organization, and action.
In what follows, I first discuss the factors indicative of this case being—categorically—one of human trafficking. I then discuss in detail how recent Presidential and legislative action is working to prevent precisely the scenario presented; I do so by considering five provisions of the respective executive order—“Strengthening Protections Against Trafficking in Persons in Federal Contracts,” September 25, 2012—and law—Section 17 of the National Defense Authorization Act of 2013, entitled, “End Trafficking in Government Contracting”—that are directly aimed at putting an end to even the mere possibility of such suffering being a part of government contracting.
Factors indicative of trafficking
In its Trafficking in Persons Report 2013, the U.S. Department of State’s Office to Monitor and Combat Trafficking in Persons provides the definitions by which we can determine whether our scenario is, as it seems, clearly a case of human trafficking – which is an “umbrella” term for the “act of recruiting, harboring, transporting, providing, or obtaining a person for compelled labor or commercial sex acts through the use of force, fraud, or coercion.” Crucially for the scenario at hand, the State Department is explicit in stating that a case is one of human trafficking “regardless of whether [victims]…previously consented to work for a trafficker… At the heart of this phenomenon is the traffickers’ goal of exploiting and enslaving their victims and the myriad coercive and deceptive practices they use to do so.”...