International Traffcking of Women and

Children Victim Protection Act of 1999 (S.600)

Analysis of Protection Act by Dorchen Leidholdt

14 April 1999

The Honorable Paul Wellstone

United States Senate

136 Senate Office Building

Washington, DC 20510

Dear Senator Wellstone:

The undersigned, a coalition of women's rights organizations unitedagainst trafficking in

women andchildren, would like to thank you fortaking a leadership role in combating the

international trafficking of women and children for sexual exploitation and forced labor. We are

writing tourge you to amend the InternationalTrafficking of Women and Children Victim

Protection Act of 1999 (S.600)to ensure that all women and girls whoare trafficked for the purpose

of sexual exploitation can benefit fromits provisions.

As you know, millions of women andchildren around the world are trafficked for the purposes of

sexualexploitation and forced labor.Traffickers procure their victims inmany ways, and the sexual

exploitationof women and girls takes many forms.Some women and girls are abducted; some are

deceived by offers oflegitimate work in another country;some are sold by their ownpoverty-

stricken parents who, barelyable to feed their children, are luredby traffickers who profit from

theirdesperation. These young women andgirls, anxious to contribute to theirfamilies and help

them seek a betterlife, sometimes acquiesce. They arethen sold by traffickers into prostitution,

where they aremercilessly exploited by practicessuch as sex tourism, which often involves

Americans traveling onorganized sex tours from the UnitedStates, or they are catalogued

andexploited as mail-order or internetbrides, often by American men who buythem into marriage

for the price of agreen card. Regardless of how they aredragged into the multi-billion dollarindustry of

sexual exploitation, thesewomen and girls suffer unspeakablehuman rights violations as

commoditiesof the trade in human beings.

While we welcome the International Trafficking of Women and ChildrenVictim Protection Act

of 1999 (S.600)and the measures proposed therein tocombat international trafficking andprotect

victims of exploitation bytraffickers, the definition of"trafficking" in this bill must be

amended as it is drasticallyunder-inclusive. As written, S.600would not cover some of the most

common methods of sex traffickingwhich prey on and profit from theeconomic desperation of

women, girls,and their families by securing their"consent" to sale in prostitution ormarriage. The

definition oftrafficking currently in S.600 wouldnot only fail to protect a substantialnumber of

trafficking victims, itwould also shield many traffickers inthe global sex trade from prosecution.

In failing to address the human rights violations suffered by the millions of desperately

impoverished women and children who"consent" to their sexual exploitation, the definition of

trafficking in S.600 falls far short of the standards set forth ininternational human rights law.

The1949 United Nations Convention for theSuppression of the Traffic in Personsand of the

Exploitation of theProstitution of Others recognizes that"the traffic in persons for thepurpose of

prostitution isincompatible with the dignity andworth of the human person and endanger the

welfare of the individual, thefamily and the community." The Convention explicitly obligates

stateparties to punish any person whoexploits the prostitution of anotherperson "even with the

consent of thatperson." Similarly, Article 6 of theUnited Nations Convention on the Elimination

of All Forms of Discrimination Against Women providesthat "State Parties shall take

allappropriate measures, includinglegislation, to suppress all forms oftraffic in women and

exploitation ofprostitution of women." These treatiesreflect a consensus of the UnitedNations,

reflected in internationallaw, that human trafficking is therecruitment and transport of

personsfor the purpose of exploitation,regardless of whether or not they have"consented" to their

trafficking. Itis the traffickers - those responsiblefor this exploitation - who are thefocus of attention

for definitionpurposes, rather than thosetrafficked. Exploitation, rather thancoercion, is the

operative concept.

To reflect the international consensusthat the transport of human beings forthe purpose of sexual

exploitationconstitutes trafficking, regardless ofwhether or not such persons have"consented" to

their exploitation,Section 4(2) of the proposed billshould be amended to read as follows:

(2) Trafficking. --The term"trafficking" means:

(a) sex trafficking: the recruitment, transportation within or across borders, purchase, sale, transfer,

receipt or harboring of a person for the purpose of prostitution or exploiting the marriage of

suchperson; or

(b) labor trafficking: therecruitment, transportation within or across borders, purchase,

sale,transfer, receipt or harboring of aperson involving the use of deception,coercion (including the

use or threatof force or the abuse of authority) ordebt bondage for the purpose ofplacing or

holding such person,whether for pay or not, in servitude,in forced, bonded or coerced labor, in a

community other than the one inwhich such person lived at the time ofthe original deception,

coercion orbondage.

For the purpose of this definition,the exploitation of marriage shall bedefined as the

commercialfacilitation, by an individual,partnership, association orcorporation, of marriage

throughintroduction between men who arecitizens or permanent residents of theUnited States

and women who are notcitizens or permanent residents of theUnited States when such women

areoffered by mail or any electronicmethod of communication among 15 ormore other such

women for selection bymen, for a fee. Unlike datingservices, which offer introductions to both

men and women for a fee, theexploitation of marriage involves adifferential treatment on the

basis ofsex which positions husbands asconsumers and wives as products.

You have recognized and acted on theclear need for strong legislation addressing the

internationaltrafficking of women and children forthe purpose of sexual exploitation andforced labor.

We urge you to make thatlegislation comprehensive by amendingthe definition of trafficking

setforth in S.600 as suggested above. Inthis way you can bring thislegislation in line with

internationallaw, ensuring that all forms oftrafficking are addressed by thisimportant

legislation and that allwomen and girls who are trafficked forthe purpose of sexual exploitation

can benefit from its provisions.

Sincerely,

Jessica Neuwirth, President

Equality Now

Gloria Feldt, President

Planned Parenthood Federation ofAmerica

Adrienne Germain,

PresidentInternational Women’s Health Coalition

Patricia Ireland, President

National Organization for Women (NOW)

Mim Kelber, Co-Founder and Secretary

Women's Environment and Development

Organization (WEDO)

Frances Kissling, President

Catholics for a Free Choice

Laura Lederer,

Director of TheProtection Project

John F. Kennedy School of Government

Dorchen Leidholdt, Co-Executive

Director

Coalition Against Trafficking in Women

Robin Morgan, Founder

The Sisterhood Is Global Institute

Julia Scott, President

National Black Women’s Health Project

Eleanor Smeal, President

The Feminist Majority

Gloria Steinem, Founder

Ms. Magazine

Leslie R. Wolfe, President

Center for Women Policy Studies