Painéis de dados

United States of America
Measurement
Measuring the Change

 

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Best Target 8.7 Data: Human Trafficking

The data visualization displays the number of reported human trafficking cases by year in the United States. The data is based on information collected by the Polaris-operated U.S. National Human Trafficking Hotline. Detailed information is provided in the Measurement tab (above).

Data Availability
  • Child labour:No nationally representative data
  • Human trafficking: Case data available
Context
Human Development

Human Development Index Score: 0.925 (2018)

Mean School Years: 13.4 years (2018)

Labour Indicators

Vulnerable Employment: 3.9% (2018)

Working Poverty Rate: No data available

Government Efforts
International Aid Commitments

Total Development Assistance to Anti-Slavery (2000-2013):

2,570,426,516 USD

Top Recipients:

Afghanistan, Colombia, Sub-Saharan Africa Regional Programme, Jordan

Key Ratifications
  • ILO Protocol of 2014 to the Forced Labour Convention, P029: Not Ratified
  • ILO Worst Forms of Child Labour Convention, C182: Ratified 1999
  • UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol): Ratified 2005
Social Protection Coverage

General (at least one): 76% (2016)

Unemployed: 27.9% (2014)

Pension: 88.2% (2014)

Vulnerable: 31% (2016)

Children: No data available

Disabled: 100% (2016)

Poor: 65% (2016)

Measurement of child labour prevalence has evolved considerably over the past two decades. Estimates of child labour incidence are more robust and exist for more countries than any other form of exploitation falling under SDG Target 8.7.

Youth employment in the United States is permitted only to those ages 14 and up, and is regulated by the Fair Labor Standards Act. There is no data available on child labour in the United States, most likely due to relatively low incidence.

Visit the How to Measure the Change page for information on ILO-SIMPOC methods and guidelines for defining, measuring and collecting data on child labour.

The challenges in estimating human trafficking are similar to those of estimating forced labour, though recent innovations in estimation have begun to produce prevalence estimates in developed countries.

Number of Human Trafficking Cases Reported (Source: Polaris/National Human Trafficking Hotline)

The National Human Trafficking Hotline uses the word “case” to represent distinct situations of trafficking reported to the hotline. A case can involve one or more potential victims of trafficking and can be reported to the hotline through one or more conversations via call, text, email, online report, or webchat. The use of the word case is not an indication of law enforcement involvement in the situation.

The National Human Trafficking Hotline connects victims and survivors of sex and labor trafficking with services and supports to get help and stay safe. The Trafficking Hotline also receives tips about potential situations of sex and labor trafficking and facilitates reporting that information to the appropriate authorities in certain cases. The Trafficking Hotline maintains one of the most extensive data sets on the issue of human trafficking in the United States. The data do not define the totality of human trafficking or of a trafficking network in any given area.

The graph on the right shows the number of reported cases of human trafficking to the National Human Trafficking Hotline, disaggregated by gender.

 

Number of Human Trafficking Cases Reported, Type of Trafficking (Source: Polaris/National Human Trafficking Hotline)

The graph below shows the number of reported cases of human trafficking to the National Human Trafficking Hotline, disaggregated by type of trafficking.

Key aspects of human development, such as poverty and lack of education, are found to be associated with risk of exploitation. Policies that address these issues may indirectly contribute to getting us closer to achieving Target 8.7.

Human Development Index (Source: UNDP)

The Human Development Index (HDI) is a summary measure of achievements in three key dimensions of human development: (1) a long and healthy life; (2) access to knowledge; and (3) a decent standard of living. Human development can factor into issues of severe labour exploitation in multiple ways.

The chart displays information on human development in the United States between 1990 and 2018. Only certain sample years have data disaggregated by sex. 

The most recent year of the HDI, 2018, shows that the average human development score in the United States is 0.925. This score indicates that human development is very high.

HDI Education Index (Source: UNDP)

Lack of education and illiteracy are key factors that make both children and adults more vulnerable to exploitive labour conditions.

As the seminal ILO report Profits and Poverty explains:

“Adults with low education levels and children whose parents are not educated are at higher risk of forced labour. Low education levels and illiteracy reduce employment options for workers and often force them to accept work under poor conditions. Furthermore, individuals who can read contracts may be in a better position to recognize situations that could lead to exploitation and coercion.”

The bars on the chart represent the Education Index score and the line traces the mean years of education in the United States over time.

Decent work, a major component of SDG 8 overall, has clear implications on the forms of exploitation within Target 8.7. Identifying shortcomings in the availability of equitable, safe and stable employment can be a step in the right direction towards achieving Target 8.7.

HDI Vulnerable Employment (Source: UNDP)

There are reasons to believe that certain types of labour and labour arrangements are more likely to lead to labour exploitation. According to the ILO:

“Own-account workers and contributing family workers have a lower likelihood of having formal work arrangements, and are therefore more likely to lack elements associated with decent employment, such as adequate social security and a voice at work. The two statuses are summed to create a classification of ‘vulnerable employment’, while wage and salaried workers together with employers constitute ‘non-vulnerable employment’.”

Between 1991 and 2018, the United States showed a decrease in the proportion of workers in vulnerable employment as compared to those in secure employment.

 

Labour Productivity (Source: ILO)

Labour productivity is an important economic indicator that is closely linked to economic growth, competitiveness, and living standards within an economy.” However, when increased labour output does not produce rising wages, this can point to increasing inequality. As indicated by a recent ILO report (2015), there is a “growing disconnect between wages and productivity growth, in both developed and emerging economies”. The lack of decent work available increases vulnerability to situations of labour exploitation. 

Labour productivity represents the total volume of output (measured in terms of Gross Domestic Product, GDP) produced per unit of labour (measured in terms of the number of employed persons) during a given period.

 

Rates of Non-fatal Occupational Injuries (Source: ILO)

Occupational injury and fatality data can also be crucial in prevention and response efforts. 

As the ILO explains:

“Data on occupational injuries are essential for planning preventive measures. For instance, workers in occupations and activities of highest risk can be targeted more effectively for inspection visits, development of regulations and procedures, and also for safety campaigns.”

There are serious gaps in existing data coverage, particularly among groups that may be highly vulnerable to labour exploitation. For example, few countries provide information on injuries disaggregated between migrant and non-migrant workers.

Rates of Fatal Occupational Injuries (Source: ILO)

Data on occupational health and safety may reveal conditions of exploitation, even if exploitation may lead to under-reporting of workplace injuries and safety breaches. At present, the ILO collects data on occupational injuries, both fatal and non-fatal, disaggregating by sex and migrant status. 

Research to date suggests that a major factor in vulnerability to labour exploitation is broader social vulnerability, marginalization or exclusion.

Groups Highly Vulnerable to Exploitation (Source: UNHCR)

Creating effective policy to prevent and protect individuals from forced labour, modern slavery, human trafficking and child labour means making sure that all parts of the population are covered, particularly the most vulnerable groups, including migrants.

According to the 2016 Global Estimates of Modern Slavery: “Almost one of every four victims of forced labour were exploited outside their country of residence, which points to the high degree of risk associated with migration in the modern world, particularly for migrant women and children. “

As IOM explains: “Although most migration is voluntary and has a largely positive impact on individuals and societies, migration, particularly irregular migration, can increase vulnerability to human trafficking and exploitation.” UNODC similarly notes that: “The vulnerability to being trafficked is greater among refugees and migrants in large movements, as recognized by Member States in the New York declaration for refugees and migrants of September 2016.”

The chart displays UNHCR’s estimates of persons of concern in the United States.

Number of Homeless Students Enrolled in School (Source: National Center for Homeless Education)

According to the US Trafficking in Persons report, runaway and homeless youth constitute a vulnerable group to human trafficking in the United States. A recent brief by the Family and Youth Services Bureau (FYSB) notes that runaway and homeless youth are particularly vulnerable to trafficking because they often lack stable incomes, secure housing and the strong support networks that would help them be resilient to the manipulation of traffickers. The Runaway and Homeless Youth and Trafficking Prevention Act of 2019 was recently introduced in the Senate, which would provide federal resources to support at-risk youth and provide trauma-informed and culturally-competent services.

There is no sufficient data on the number of runaway and homeless youth in the country, although organizations such Chapin Hall have been at the forefront of efforts to bridge this data gap. The graph on the right shows the number of identified homeless children and youth who were enrolled in public schools in the United States per academic year.

 

Underdevelopment influences and is influenced by Target 8.7 forms of exploitation. This suggests an important role for development assistance and programming in addressing these issues.

Yearly ODA Commitments to Anti-Slavery (Data Source: UNU-CPR)

A recent report released by UNU-CPR attempts to size ODA contributions that focus on tackling SDG 8.7 forms of exploitation. The United States committed 2,570,426,516 USD between 2000 and 2013 on anti-slavery programming. Annual commitments fluctuate, though it is important to note that commitments at any point in time may be dispersed over the course of several years. The chart also depicts the percentage of the United States GNI contributed to ODA. It should also be noted that this count does not include non-ODA assistance, domestic expenditure, or the growing flows of charitable giving directed at these concerns. The data source provides information up to 2013.

More current data may show a significant increase in spending on this programming, especially after the adoption of the 2030 Agenda for Sustainable Development in 2015 and the Call to Action in 2017.

ODA Commitments by Form of Exploitation (Data Source: UNU-CPR)

Disaggregating ODA commitments by forms of exploitation using terms listed in each project description can provide a sense of the way aid is being spent on the various issues.

The graph shows that ODA commitments to Target 8.7 issues by the USA between 2000 and 2013 were diverse. From 2007 to 2013 there were large spikes in spending on human trafficking programmes, cumulatively amounting to the largest amount of ODA to an issue. These contributions were likely multi-year commitments, disbursed over several subsequent years. In other years, programming to eradicate child labour receives greater attention. In 2010, there is also an uptick in spending against child soldiering.

Top ODA Recipients (Data Source: UNU-CPR)

By tracking where aid commitments are focused, it is possible to take stock of priorities.

The visual displays total ODA commitments from the USA between 2000 and 2013, ranging from highest to lowest (cutting off at commitments under 10,000 USD). The countries receiving the most direct, bilateral ODA were Afghanistan, Colombia and Jordan, with the largest regional aid going to programming in the Sub-Saharan African region. The top two recipients of aid addressing Target 8.7 exploitation, Afghanistan and Colombia, both received more than double that of the third highest recipient, Jordan.

Achieving SDG Target 8.7 will require national governments to take direct action against the forms of exploitation through policy implementation.

Official Definitions
Legally Defining 8.7
Forced Labor

United States Code title 18 – Crimes and Criminal Procedure, 1948 amend. Trafficking Victims Protection Act 2000

§ 1589. Forced labor
Whoever knowingly provides or obtains the labor or services of a person—

1. by threats of serious harm to, or physical restraint against, that person or another person;
2. by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
3. by means of the abuse or threatened abuse of law or the legal process, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.

Child Labor

Child Labor Violations – Civil Money Penalties (29 CFR 579), 2016

§ 579.3 Violations for which child labor civil money penalties may be assessed.

a. What constitutes the violation. Each of the following constitutes a violation of the Act and/or the Secretary’s regulations for which a penalty as provided by section 16e. of the Act and this part may be imposed, unless employment of the minor or minors referred to is shown to come within a specific exemp tion or exception described in para graph c. of this section:

1. Each shipment or delivery for shipment in commerce by a producer, manufacturer, or dealer of any goods produced in an establishment situated in the United States in or about which, within thirty days prior to the removal of such goods therefrom, there has been employed any minor as described in paragraph b. of this section;
2. Each employment by an employer of any minor as described in paragraph b. of this section, for any period in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce;
3.–4. [Reserved]
5. The failure by an employer employing any minor for whom records must be kept under any provision of part 516 of this title to maintain and preserve, as required by such provision, such records concerning the date of the minor’s birth and concerning the proof of the minor’s age as specified therein; and
6. The failure by an employer employing any minor subject to any pro vision of 29 CFR part 570, to take or cause to be taken such action as is nec essary to assure compliance with all requirements of such provision which, by the regulations in such part, are made conditions for lawful employment of such minor.

b. Minors whose employment may result in violation. The violations de scribed in paragraph a. may result from employment of any of the fol lowing minors as described:

1. Any minor under the age of 18 years in any occupation (other than in agriculture) in which employment, as set forth in subpart E of part 570 of this chapter, has been found and declared by the Secretary to be particularly hazardous for or detrimental to the health or wellbeing of minors below such age;
2. Any minor under the age of 16 years:

i. In agriculture during school hours for the school district where such minor is living while so employed; or
ii. In agriculture in any occupation found and declared by the Secretary as set forth in subpart E–1 of part 570 of this chapter, to be particularly haz ardous for the employment of minors below such age; or
iii. In any manufacturing or mining occupation; or
iv. In any other occupation other than in agriculture unless it is estab lished that such minor is at least 14 years of age and the employment of such minor in such occupation is specifically permitted by and in accord with regulations of the Secretary as set forth in subpart C of part 570 of this chapter;

3. Any minor under the age of 14 years:

i. In any occupation other than in agriculture; or
ii. In agriculture, outside of school hours for the school district where such minor is living while so employed, unless it is established either:

a. That such minor is not less than 12 years of age and either 1. that such employment is with the written con sent of a parent or person standing in place of a parent of such minor, or 2. that such employment is on the same farm where such parent or person is also employed; or
b. That such minor, if less than 12 years of age, is employed as described in paragraph b.4.i. or b.4.ii. of this section; and

4. Any minor under the age of 12 years, unless it is established that such minor is employed in agriculture outside of school hours for the school dis trict where such minor is living while so employed, and:

i. Is employed by a parent or by a person standing in place of a parent of such minor, on a farm owned or operated by such parent or person; or

Fair Labor Standards Act of 1938 (FLSA), U.S. Code

§212. Child labor provisions
a. Restrictions on shipment of goods; prosecution; conviction

No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situated in the United States in or about which within thirty days prior to the removal of such goods therefrom any oppressive child labor has been employed: Provided, That any such shipment or delivery for shipment of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer, manufacturer, or dealer that the goods were produced in compliance with the requirements of this section, and who acquired such goods for value without notice of any such violation, shall not be deemed prohibited by this subsection: And provided further, That a prosecution and conviction of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such goods before the beginning of said prosecution.

b. Investigations and inspections

The Secretary of Labor or any of his authorized representatives, shall make all investigations and inspections under section 211a. of this title with respect to the employment of minors, and, subject to the direction and control of the Attorney General, shall bring all actions under section 217 of this title to enjoin any act or practice which is unlawful by reason of the existence of oppressive child labor, and shall administer all other provisions of this chapter relating to oppressive child labor.

c. Oppressive child labor

No employer shall employ any oppressive child labor in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce.

d. Proof of age

In order to carry out the objectives of this section, the Secretary may by regulation require employers to obtain from any employee proof of age.

§213 Exemptions
c. Child labor requirements

1. Except as provided in paragraph 2. or 4., the provisions of section 212 of this title relating to child labor shall not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed, if such employee-

a. is less than twelve years of age and i. is employed by his parent, or by a person standing in the place of his parent, on a farm owned or operated by such parent or person, or ii. is employed, with the consent of his parent or person standing in the place of his parent, on a farm, none of the employees of which are (because of subsection a.6.a.) required to be paid at the wage rate prescribed by section 206a.5. 1 of this title,
b. is twelve years or thirteen years of age and i. such employment is with the consent of his parent or person standing in the place of his parent, or ii. his parent or such person is employed on the same farm as such employee, or
c. is fourteen years of age or older.

2. The provisions of section 212 of this title relating to child labor shall apply to an employee below the age of sixteen employed in agriculture in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children below the age of sixteen, except where such employee is employed by his parent or by a person standing in the place of his parent on a farm owned or operated by such parent or person.

3. The provisions of section 212 of this title relating to child labor shall not apply to any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions.

4.a. An employer or group of employers may apply to the Secretary for a waiver of the application of section 212 of this title to the employment for not more than eight weeks in any calendar year of individuals who are less than twelve years of age, but not less than ten years of age, as hand harvest laborers in an agricultural operation which has been, and is customarily and generally recognized as being, paid on a piece rate basis in the region in which such individuals would be employed. The Secretary may not grant such a waiver unless he finds, based on objective data submitted by the applicant, that-

i. the crop to be harvested is one with a particularly short harvesting season and the application of section 212 of this title would cause severe economic disruption in the industry of the employer or group of employers applying for the waiver;
ii. the employment of the individuals to whom the waiver would apply would not be deleterious to their health or well-being;
iii. the level and type of pesticides and other chemicals used would not have an adverse effect on the health or well-being of the individuals to whom the waiver would apply;
iv. individuals age twelve and above are not available for such employment; and
v. the industry of such employer or group of employers has traditionally and substantially employed individuals under twelve years of age without displacing substantial job opportunities for individuals over sixteen years of age.

b. Any waiver granted by the Secretary under subparagraph a. shall require that-

i. the individuals employed under such waiver be employed outside of school hours for the school district where they are living while so employed;
ii. such individuals while so employed commute daily from their permanent residence to the farm on which they are so employed; and
iii. such individuals be employed under such waiver i. for not more than eight weeks between June 1 and October 15 of any calendar year, and ii. in accordance with such other terms and conditions as the Secretary shall prescribe for such individuals’ protection.

5.a. In the administration and enforcement of the child labor provisions of this chapter, employees who are 16 and 17 years of age shall be permitted to load materials into, but not operate or unload materials from, scrap paper balers and paper box compactors-

i. that are safe for 16- and 17-year-old employees loading the scrap paper balers or paper box compactors; and
ii. that cannot be operated while being loaded.

b. For purposes of subparagraph a., scrap paper balers and paper box compactors shall be considered safe for 16- or 17-year-old employees to load only if-

i.i. the scrap paper balers and paper box compactors meet the American National Standards Institute’s Standard ANSI Z245.5–1990 for scrap paper balers and Standard ANSI Z245.2–1992 for paper box compactors; or
ii. the scrap paper balers and paper box compactors meet an applicable standard that is adopted by the American National Standards Institute after August 6, 1996, and that is certified by the Secretary to be at least as protective of the safety of minors as the standard described in subclause i.;
ii. the scrap paper balers and paper box compactors include an on-off switch incorporating a key-lock or other system and the control of the system is maintained in the custody of employees who are 18 years of age or older;
iii. the on-off switch of the scrap paper balers and paper box compactors is maintained in an off position when the scrap paper balers and paper box compactors are not in operation; and
iv. the employer of 16- and 17-year-old employees provides notice, and posts a notice, on the scrap paper balers and paper box compactors stating that-

i. the scrap paper balers and paper box compactors meet the applicable standard described in clause i.;
ii. 16- and 17-year-old employees may only load the scrap paper balers and paper box compactors; and
iii. any employee under the age of 18 may not operate or unload the scrap paper balers and paper box compactors.

The Secretary shall publish in the Federal Register a standard that is adopted by the American National Standards Institute for scrap paper balers or paper box compactors and certified by the Secretary to be protective of the safety of minors under clause i.ii..
c.i. Employers shall prepare and submit to the Secretary reports-

i. on any injury to an employee under the age of 18 that requires medical treatment (other than first aid) resulting from the employee’s contact with a scrap paper baler or paper box compactor during the loading, operation, or unloading of the baler or compactor; and
ii. on any fatality of an employee under the age of 18 resulting from the employee’s contact with a scrap paper baler or paper box compactor during the loading, operation, or unloading of the baler or compactor.
ii. The reports described in clause i. shall be used by the Secretary to determine whether or not the implementation of subparagraph a. has had any effect on the safety of children.
iii. The reports described in clause i. shall provide-

i. the name, telephone number, and address of the employer and the address of the place of employment where the incident occurred;
ii. the name, telephone number, and address of the employee who suffered an injury or death as a result of the incident;
iii. the date of the incident;
iv. a description of the injury and a narrative describing how the incident occurred; and
v. the name of the manufacturer and the model number of the scrap paper baler or paper box compactor involved in the incident.
iv. The reports described in clause i. shall be submitted to the Secretary promptly, but not later than 10 days after the date on which an incident relating to an injury or death occurred.
v. The Secretary may not rely solely on the reports described in clause i. as the basis for making a determination that any of the employers described in clause i. has violated a provision of section 212 of this title relating to oppressive child labor or a regulation or order issued pursuant to section 212 of this title. The Secretary shall, prior to making such a determination, conduct an investigation and inspection in accordance with section 212b. of this title.
vi. The reporting requirements of this subparagraph shall expire 2 years after August 6, 1996.

6. In the administration and enforcement of the child labor provisions of this chapter, employees who are under 17 years of age may not drive automobiles or trucks on public roadways. Employees who are 17 years of age may drive automobiles or trucks on public roadways only if-

a. such driving is restricted to daylight hours;
b. the employee holds a State license valid for the type of driving involved in the job performed and has no records of any moving violation at the time of hire;
c. the employee has successfully completed a State approved driver education course;
d. the automobile or truck is equipped with a seat belt for the driver and any passengers and the employee’s employer has instructed the employee that the seat belts must be used when driving the automobile or truck;
e. the automobile or truck does not exceed 6,000 pounds of gross vehicle weight;
f. such driving does not involve-

i. the towing of vehicles;
ii. route deliveries or route sales;
iii. the transportation for hire of property, goods, or passengers;
iv. urgent, time-sensitive deliveries;
v. more than two trips away from the primary place of employment in any single day for the purpose of delivering goods of the employee’s employer to a customer (other than urgent, time-sensitive deliveries);
vi. more than two trips away from the primary place of employment in any single day for the purpose of transporting passengers (other than employees of the employer);
vii. transporting more than three passengers (including employees of the employer); or
viii. driving beyond a 30 mile radius from the employee’s place of employment; and

g. such driving is only occasional and incidental to the employee’s employment.

 

For purposes of subparagraph g., the term “occasional and incidental” is no more than one-third of an employee’s worktime in any workday and no more than 20 percent of an employee’s worktime in any workweek.

7.a.i. Subject to subparagraph b., in the administration and enforcement of the child labor provisions of this chapter, it shall not be considered oppressive child labor for a new entrant into the workforce to be employed inside or outside places of business where machinery is used to process wood products.

ii. In this paragraph, the term “new entrant into the workforce” means an individual who-
i. is under the age of 18 and at least the age of 14, and
ii. by statute or judicial order is exempt from compulsory school attendance beyond the eighth grade.

 

b. The employment of a new entrant into the workforce under subparagraph a. shall be permitted-

i. if the entrant is supervised by an adult relative of the entrant or is supervised by an adult member of the same religious sect or division as the entrant;
ii. if the entrant does not operate or assist in the operation of power-driven woodworking machines;
iii. if the entrant is protected from wood particles or other flying debris within the workplace by a barrier appropriate to the potential hazard of such wood particles or flying debris or by maintaining a sufficient distance from machinery in operation; and
iv. if the entrant is required to use personal protective equipment to prevent exposure to excessive levels of noise and saw dust.§

Oppressive Child Labor

Fair Labour Standards Act, U.S. Code, Title 29, 1938

§203. Definitions
l. “Oppressive child labor” means a condition of employment under which 1. any employee under the age of sixteen years is employed by an employer (other than a parent or a person standing in place of a parent employing his own child or a child in his custody under the age of sixteen years in an occupation other than manufacturing or mining or an occupation found by the Secretary of Labor to be particularly hazardous for the employment of children between the ages of sixteen and eighteen years or detrimental to their health or well-being) in any occupation, or 2. any employee between the ages of sixteen and eighteen years is employed by an employer in any occupation which the Secretary of Labor shall find and by order declare to be particularly hazardous for the employment of children between such ages or detrimental to their health or well-being; but oppressive child labor shall not be deemed to exist by virtue of the employment in any occupation of any person with respect to whom the employer shall have on file an unexpired certificate issued and held pursuant to regulations of the Secretary of Labor certifying that such person is above the oppressive child-labor age. The Secretary of Labor shall provide by regulation or by order that the employment of employees between the ages of fourteen and sixteen years in occupations other than manufacturing and mining shall not be deemed to constitute oppressive child labor if and to the extent that the Secretary of Labor determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being.

Occupations Particularly Hazardous for the Employment of Minors Between 16 and 18 Years of Age, or Detrimental to their Health or Well-Being Rule (29 CFR 570)

Subpart E—Occupations Particularly Hazardous for the Employment of Minors Between 16 and 18 Years of Age or Detrimental to Their Health or Well-Being
NOTE: The provisions of this subpart declaring certain occupations to be particularly hazardous for the employment of minors between 16 and 18 years of age or detrimental to their health or well-being do not apply to employment in agriculture.

Severe Forms of Trafficking

Alien victims of severe forms of trafficking in persons (8 CFR § 214.11)

8. SEVERE FORMS OF TRAFFICKING IN PERSONS.—The term ‘‘severe forms of trafficking in persons’’ means—

a. sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
b. the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Sex Trafficking

Victims of Trafficking and Violence Protection Act of 2000 re-authorization 2008

9. Sex Trafficking.—The term ‘‘sex trafficking’’ means
the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

103 Definitions

4. Debt Bondage.—The term ‘‘debt bondage’’ means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

5. Involuntary Servitude.—The term ‘‘involuntary servitude’’ includes a condition of servitude induced by means of—

a. any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or
b. the abuse or threatened abuse of the legal process.

Slavery

U.S. Constitution Amendment XIII ABOLITION OF SLAVERY, 1865

SECTION 1

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

International Commitments
International Ratifications

ILO Forced Labour Convention, C029, Not Ratified 

Protocol of ILO Forced Labour Convention, P029, Not Ratified

ILO Abolition of Forced Labour Convention, C105, Ratification 1991

ILO Minimum Age Convention, C138, Not Ratified

ILO Worst Forms of Child Labour Convention, C182, Ratification 1999

Slavery Convention 1926 and amended by the Protocol of 1953, Definitive Signature 1956

UN Supplementary Convention on the Abolition of Slavery, Accession 1967

UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), Ratification 2005

UN Convention on the Rights of the Child, Signature 1995

UN Optional Protocol to the Convention on the Rights of the Child: Involvement of Children in Armed Conflict, Ratification 2002

Declaration:

“The Government of the United States of America declares, pursuant to Article 3 2. of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict that –

a. the minimum age at which the United States permits voluntary recruitment into the Armed Forces of the United States is 17 years of age;
b. The United States has established safeguards to ensure that such recruitment is not forced or coerced, including a requirement in section 505 a. of title 10, United States Code, that no person under 18 years of age may be originally enlisted in the Armed Forces of the United States without the written consent of the person’s parent or guardian, if the parent or guardian is entitled to the person’s custody and control;
c. each person recruited into the Armed Forces of the United States receives a comprehensive briefing and must sign an enlistment contract that, taken together, specify the duties involved in military service; and
d. all persons recruited into the Armed Forces of the United States must provide reliable proof of age before their entry into military service.”

Understandings:
1. NO ASSUMPTION OF OBLIGATIONS UNDER THE CONVENTION ON THE RIGHTS OF THE CHILD.-The United States understands that the United States assumes no obligations under the Convention on the Rights of the Child by becoming a party to the Protocol.
2. IMPLEMENTATION OF OBLIGATION NOT TO PERMIT CHILDREN TO TAKE DIRECT PART IN HOSTILITIES.-The United States understands that, with respect to Article 1 of the Protocol –

a. the term “feasible measures” means those measures that are practical or practically possible, taking into account all the circumstances ruling at the time, including humanitarian and military considerations;
b. the phrase “direct part in hostilities”-

i. means immediate and actual action on the battlefield likely to cause harm to the enemy because there is a direct causal relationship between the activity engaged in and the harm done to the enemy; and
ii. does not mean indirect participation in hostilities, such as gathering and transmitting military information, transporting weapons, munitions, or other supplies, or forward deployment; and

c. any decision by any military commander, military personnel, or other person responsible for planning, authorizing, or executing military action, including the assignment of military personnel, shall only be judged on the basis of all the relevant circumstances and on the basis of that person’s assessment of the information reasonably available to the person at the time the person planned, authorized, or executed the action under review, and shall not be judged on the basis of information that comes to light after the action under review was taken.

3. MINIMUM AGE FOR VOLUNTARY RECRUITMENT.- The United States understands that Article 3 of the Protocol obligates States Parties to the Protocol to raise the minimum age for voluntary recruitment into their national armed forces from the current international standard of 15 years of age.
4. ARMED GROUPS.- The United States understands that the term “armed groups” in Article 4 of the Protocol means nongovernmental armed groups such as rebel groups, dissident armed forces, and other insurgent groups.
5. NO BASIS FOR JURISDICTION BY ANY INTERNATIONAL TRIBUNAL.- The United States understands that nothing in the Protocol establishes a basis for jurisdiction by any international tribunal, including the International Criminal Court.”

UN Optional Protocol to the Convention on the Rights of the Child: Sale of Children, Child Prostitution and Child Pornography, Ratification 2002

Reservation:

“To the extent that the domestic law of the United States does not provide for jurisdiction over an offense described in Article 3 1. of the Protocol if the offense is committed on board a ship or aircraft registered in the United States, the obligation with respect to jurisdiction over that offense shall not apply to the United States until such time as the United States may notify the Secretary-General of the United Nations that United States domestic law is in full conformity with the requirements of Article 4 1. of the Protocol.
The Senate’s advice and consent is subject to the following understandings:

1. NO ASSUMPTION OF OBLIGATIONS UNDER THE CONVENTION ON THE RIGHTS OF THE CHILD.-The United States understands that the United States assumes no obligations under the Convention on the Rights of the Child by becoming a party to the Protocol.
2. THE TERM “CHILD PORNOGRAPHY”. -The United States understands that the term “sale of children” as defined in Article 2a. of the Protocol, is intended to cover any transaction in which remuneration or other consideration is given and received under circumstances in which a person who does not have a lawful right to custody of the child thereby obtains de facto control over the child.
3. THE TERM “CHILD PORNOGRAPHY”.-The United States understands the term “child pornography”, as defined in Article 2c. of the Protocol, to mean the visual representation of a child engaged in real or simulated sexual activities or of the genitalia of a child where the dominant characteristic is depiction for a sexual purpose.
4. THE TERM “TRANSFER OF ORGANS FOR PROFIT”.-The United States understands that- a. the term “transfer of organs for profit”, as used in Article 31.a.i. of the Protocol, does not cover any situation in which a child donates an organ pursuant to lawful consent; and

b. the term “profit”, as used in Article 31.a.i. of the Protocol, does not include the lawful paymeasonable amount associated with the transfer of organs, including any payment for the expense of travel, housing, lost wages, or medical costs.

5. THE TERMS “APPLICABLE INTERNATIONAL LEGAL INSTRUMENTS” AND “IMPROPERLY INDUCING CONSENT”.-

a. UNDERSTANDING OF “APPLICABLE INTERNATIONAL LEGAL INSTRUMENTS”.-The United States understands that the term “applicable international legal instruments” in Articles 3 1. a. ii. and 3 5. of the Protocol refers to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption done at The Hague on May 29, 1993 (in this paragraph referred to as “The Hague Convention”).
b. NO OBLIGATION TO TAKE CERTAIN ACTION.-The United States is not a party to The Hague Convention, but expects to become a party. Accordingly, until such time as the United States becomes a party to The Hague Convention, it understands that it is not obligated to criminalize conduct proscribed by Article 31.a.ii. of the Protocol or to take all appropriate legal and administrative measures required by Article 35. of the Protocol.
c. UNDERSTANDING Of’ “IMPROPERLY INDUCING CONSENT”.-The United States understands that the term “Improperly inducing consent” in Article 31.a.ii. of the Protocol means knowingly and willfully inducing consent by offering or giving compensation for the relinquishment of parental rights.

6. IMPLEMENTATION OF THE PROTOCOL 1N THE FEDERAL SYSTEM OF THE UNITED STATES.-The United States understands that the Protocol shall be implemented by the Federal Government to the extent that it exercises jurisdiction over the matters covered therein, and otherwise by the State and local governments. To the extent that State and local governments exercise jurisdiction over such matters, the Federal Government shall as necessary, take appropriate measures to ensure the fulfillment of the Protocol.

National Action Plans, National Strategies

The National Action Plan to Combat Human Trafficking, 2020

Department of Homeland Security Strategy to Combat Human Trafficking, the Importation of Good Produced with Forced Labor, and Child Sexual Exploitation, 2020

Department of Justice National Strategy to Combat Human Trafficking, 2017

Federal Strategic Action Plan on Services for Victims of Human Trafficking in the United States, 2013-2017

The National Strategy for Child Exploitation Prevention and Interdiction, 2016

Responsible Business Conduct: First National Action Plan for The United States of America, 2016

The United States National Action Plan on Women, Peace, and Security, 2016

 

 

UN Special Procedures

Report of the Special Rapporteur on the sale of children, child prostitution and child pornography, Ms. Ofelia Calcetas-Santos Addendum Report on the mission of the Special Rapporteur to the United States of America on the issue of commercial sexual exploitation of children (9-20 December 1996), 1997

Human rights of migrants Report submitted by Ms. Gabriela Rodríguez Pizarro, Special Rapporteur, in conformity with resolution 2002/62 of the
Commission on Human Rights Addendum Mission to the border between Mexico and the United States of America, 2002

Report of the Special Rapporteur on the human rights of migrants, Jorge Bustamante Addendum Mission to the United States of America, 2008

Report of the Special Rapporteur on the sale of children, child prostitution and child pornography, Najat Maalla M’jid Addendum Mission to the United States of America, 2011

Report of the Special Rapporteur on violence against Women, its causes and consequences, Ms. Rashida Manjoo Addendum Mission to the United States of America

Report of the Special Rapporteur on trafficking in persons, especially women and children on her mission to the United States of America, 2017

 

Governments can take action to assist victims and to prevent and end the  perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in wider societal efforts to reduce prevalence and move towards eradication of these forms of exploitation.

Programs and Agencies for Victim Support

Policies for Assistance

Victims of Trafficking and Violence Protection Act of 2000 Reauthorization, 2008

SEC. 107. Protection and Assistance for Victims of Human Trafficking.
a. Assistance for Victims in Other Countries.—

1. In General.—The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with appropriate nongovernmental organizations, shall establish and carry out programs and initiatives in foreign countries to assist in the safe integration, reintegration, or resettlement, as appropriate, of victims of trafficking. Such programs and initiatives shall be designed to meet the appropriate assistance needs of such persons and their children, as identified by the Task Force.
2. Additional Requirement.—In establishing and con- ducting programs and initiatives described in paragraph 1., the Secretary of State and the Administrator of the United States Agency for International Development shall take all appropriate steps to enhance cooperative efforts among foreign countries, including countries of origin of victims of trafficking, to assist in the integration, reintegration, or resettlement, as appropriate, of victims of trafficking, including stateless victims.

b. Victims in the United States.—

1. Assistance.—

a. Eligibility for Benefits and Services.—Notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, an alien who is a victim of a severe form of trafficking in persons shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any official or agency described in subparagraph b. to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act.
b. Requirement to Expand Benefits and Services.—Subject to subparagraph c. and, in the case of nonentitlement programs, to the availability of appropriations, the Secretary of Health and Human Services, the Secretary of Labor, the Board of Directors of the Legal Services Corporation, and the heads of other Federal agen- cies shall expand benefits and services to victims of severe forms of trafficking in persons in the United States, without regard to the immigration status of such victims.
c. Definition of Victim of a Severe Form of Trafficking in Persons.—For the purposes of this paragraph, the term ‘‘victim of a severe form of trafficking in persons’’ means only a person—

i. who has been subjected to an act or practice described in section 1038. as in effect on the date of the enactment of this Act; and
ii.i. who has not attained 18 years of age; or
ii. who is the subject of a certification under subparagraph E.

c. Trafficking Victim Regulations.—Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of State shall promulgate regulations for law enforcement personnel, immigration officials, and Department of State officials to implement the following:

1. Protections while in Custody.—Victims of severe forms of trafficking, while in the custody of the Federal Govern- ment and to the extent practicable, shall—

a. not be detained in facilities inappropriate to their status as crime victims;
b. receive necessary medical care and other assist- ance; and
c. be provided protection if a victim’s safety is at risk or if there is danger of additional harm by recapture of the victim by a trafficker, including—

i. taking measures to protect trafficked persons and their family members from intimidation and threats of reprisals and reprisals from traffickers and their associates; and
ii. ensuring that the names and identifying information of trafficked persons and their family mem- bers are not disclosed to the public.

2. Access to Information.—Victims of severe forms of trafficking shall have access to information about their rights and translation services.
3. Authority to Permit Continued Presence in the United States.—Federal law enforcement officials may permit an alien individual’s continued presence in the United States, if after an assessment, it is determined that such individual is a victim of a severe form of trafficking and a potential witness to such trafficking, in order to effectuate prosecution of those responsible, and such officials in investigating and prosecuting traffickers shall protect the safety of trafficking victims, including taking measures to protect trafficked persons and their family members from intimidation, threats of reprisals, and reprisals from traffickers and their associates.
4. Training of Government Personnel.—Appropriate personnel of the Department of State and the Department of Justice shall be trained in identifying victims of severe forms of trafficking and providing for the protection of such victims.

United States Code Title 18 – Crime and Criminal Procedure, 1948 amend. Trafficking Victims Protection Act 2000

§ 1593. Mandatory restitution

a. Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense under this chapter.
b.1. The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph 3. of this subsection.
2. An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
3. As used in this subsection, the term ‘full amount of the victim’s losses’ has the same meaning as provided in section 2259b.3. and shall in addition include the greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
c. As used in this section, the term ‘victim’ means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named such representative or guardian.

Penalties
Penalties, Forced Labour

United States Code Title 18 – Crime and Criminal Procedure, 1948 amend. Trafficking Victims Protection Act 2000

1589. Forced labor
Whoever knowingly provides or obtains the labor or services of a person—

1. by threats of serious harm to, or physical restraint against, that person or another person;
2. by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
3. by means of the abuse or threatened abuse of law or the legal process, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.

Penalties, Child Labour

Child Labor Violations – Civil Money Penalties (29 CFR 579), 2016

Federal Acquisition Regulation; Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labour. Final Rule (48 CFR Parts 22 and 52), 2001

Fair Labor Standards Act of 1938 (FLSA), U.S. Code

216 Penalties
e. Civil penalties for child labor violations

1.a. Any person who violates the provisions of sections 2 212 or 213c. of this title, relating to child labor, or any regulation issued pursuant to such sections, shall be subject to a civil penalty not to exceed-

i. $11,000 for each employee who was the subject of such a violation; or
ii. $50,000 with regard to each such violation that causes the death or serious injury of any employee under the age of 18 years, which penalty may be doubled where the violation is a repeated or willful violation.

b. For purposes of subparagraph a., the term “”serious injury”” means-

i. permanent loss or substantial impairment of one of the senses (sight, hearing, taste, smell, tactile sensation);
ii. permanent loss or substantial impairment of the function of a bodily member, organ, or mental faculty, including the loss of all or part of an arm, leg, foot, hand or other body part; or
iii. permanent paralysis or substantial impairment that causes loss of movement or mobility of an arm, leg, foot, hand or other body part.

2. Any person who repeatedly or willfully violates section 206 or 207 of this title, relating to wages, shall be subject to a civil penalty not to exceed $1,100 for each such violation. Any person who violates section 203(m)2.b. of this title shall be subject to a civil penalty not to exceed $1,100 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, and an additional equal amount as liquidated damages, as described in subsection b..

3. In determining the amount of any penalty under this subsection, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of any penalty under this subsection, when finally determined, may be-

a. deducted from any sums owing by the United States to the person charged;
b. recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor; or
c. ordered by the court, in an action brought for a violation of section 215a.4. of this title or a repeated or willful violation of section 215a.2. of this title, to be paid to the Secretary.

4. Any administrative determination by the Secretary of the amount of any penalty under this subsection shall be final, unless within 15 days after receipt of notice thereof by certified mail the person charged with the violation takes exception to the determination that the violations for which the penalty is imposed occurred, in which event final determination of the penalty shall be made in an administrative proceeding after opportunity for hearing in accordance with section 554 of title 5 and regulations to be promulgated by the Secretary.

5. Except for civil penalties collected for violations of section 212 of this title, sums collected as penalties pursuant to this section shall be applied toward reimbursement of the costs of determining the violations and assessing and collecting such penalties, in accordance with the provision of section 9a of this title. Civil penalties collected for violations of section 212 of this title shall be deposited in the general fund of the Treasury.

United States Code Title 18 – Crime and Criminal Procedure, 1948 amend. Trafficking Victims Protection Act 2000

§ 1590. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor
Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in violation of this chapter shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse, or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.

§1591. Sex trafficking of children or by force, fraud or coercion
a. Whoever knowingly—

1. in or affecting interstate commerce, recruits, entices, harbors, transports, provides, or obtains by any means a person; or
2. benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph 1., knowing that force, fraud, or coercion described in subsection c.2. will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection b.

b. The punishment for an offense under subsection a. is—

1. if the offense was effected by force, fraud, or coercion or if the person transported had not attained the age of 14 years at the time of such offense, by a fine under this title or imprisonment for any term of years or for life, or both; or
2. if the offense was not so effected, and the person transported had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title or imprisonment for not more than 20 years, or both.

National Statistical Office

Office of Management and Budget/Federal Committee on Statistical Methodology FCSM

Data Commitments

A Call to Action to End Forced Labour, Modern Slavery and Human Trafficking, Signed 2017

1.ii. Take steps to measure, monitor and share data on prevalence and response to all such forms of exploitation, as appropriate to national circumstances;

Programs and Agencies for Enforcement

Measures to address the drivers of vulnerability to exploitation can be key to effective prevention. A broad range of social protections are thought to reduce the likelihood that an individual will be at risk of exploitation, especially when coverage of those protections extends to the most vulnerable groups.

Social Protection Coverage: General (at Least One)
Social Protection (Source: ILO)

The seminal ILO paper on the economics of forced labour, Profits and Poverty, explains the hypothesis that social protection can mitigate the risks that arise when a household is vulnerable to sudden income shocks, helping to prevent labour exploitation. It also suggests that access to education and skills training can enhance the bargaining power of workers and prevent children in particular from becoming victims of forced labour. Measures to promote social inclusion and address discrimination against women and girls may also go a long way towards preventing forced labour.

If a country does not appear on a chart, this indicates that there is no recent data available for the particular social protection visualized.

Social Protection Coverage: Unemployed
Social Protection Coverage: Pension
Social Protection Coverage: Vulnerable Groups
Social Protection Coverage: Poor
Social Protection Coverage: Children
Social Protection Coverage: Disabled

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