By Samantha Lyneham and Isabella Voce

The National Action Plan to Combat Human Trafficking and Slavery 2015–19 provides the strategic framework for Australia’s response to human trafficking and slavery for the five-year period from 2015 to 2019. The National Action Plan is founded on the need to prevent human trafficking and slavery; detect, investigate and prosecute offenders; and protect and support victims. Four central pillars underpin this strategy: prevention and deterrence, detection and investigation, prosecution and compliance, and victim support and protection.

The Commonwealth Government has oversight of the National Action Plan, with core activities undertaken by members of the Interdepartmental Committee on Human Trafficking and Slavery and complementary activities undertaken by members of the National Roundtable on Human Trafficking and Slavery. The Department of Home Affairs commissioned the Australian Institute of Criminology to undertake this review to inform the development of the next National Action Plan.

Research Report no. 17. Canberra: Australian Institute of Criminology. 2020. 33p.

By The Henry M. Jackson School of International Studies, University of Washington

The machinery of mass deportation, through which millions are separated from their families and communities, is hidden in plain sight. Each year, Immigration and Customs Enforcement removes tens of thousands of people from the US on private charter flights operated out of airports across the country, including Boeing Field in King County. Reports have surfaced of egregious human rights abuses on some flights, and violations of immigrants' rights to due process are routine. Using the Freedom of Information Act, UW student researchers and the UW Center for Human Rights obtained ICE's national database tracking these flights, and are following the money to document the corporations and municipalities that profit from ICE Air's deportation flights.

Seattle: The Henry M. Jackson School of International Studies, University of Washington 2019

By Canada. Public Safety Canada

Sex trafficking is highly gendered and disproportionately affects women and girls. Statistics Canada reported that 96% of detected victims of human trafficking between 2011 and 2021 were women, and that 45% of all detected victims were aged 18 to 24 and 24% under the age of 18. Although exact numbers are unknown, Indigenous and non-Indigenous women and girls are disproportionately represented among sex trafficking victims, as reported in the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls. Other populations at higher risk of being trafficked or targeted by human traffickers for sex trafficking include: •Youth in or who had been in the child welfare system; •2SLGBTQl+ persons, especially transgender men and women and gender non-conforming individuals; •Migrants; and •People experiencing social or economic marginalization. With regards to labour trafficking, the gender and age of victims differs across Canadian regions and economic sectors, however, the data is limited.

[Ottawa] : Public Safety Canada = Sécurité publique Canada, January 2023. 35p.

By Mackenzie Seaman and Jessamy Garver Affeldt

This paper focuses on the multiple intersecting harms (forced returns, expulsion, interception at sea, detention) migrants experience in Senegal during the return process. It pays particular attention to violations and abuses that are frequently reported in relation to such uses of force. The data shows that respondents often endured multiple instances of violations and abuse during their return journey to Senegal. This appeared to compound the challenges they encountered after their return to Senegal.

Geneva: Mixed Migration Centre, 2024. 24p.

By Shreya Bhat and Hui Yin Chuah

This report explores the financial dimension of human smuggling across Southeast Asia, drawing insights from extensive 4Mi surveys conducted between December 2022 and August 2023. Focusing on the experiences of refugees and migrants from Cambodia, Laos, Vietnam, Afghanistan, Bangladesh, Indonesia, Somalia, and Myanmar who engaged smugglers during their journeys, the report sheds light on how refugees and migrants finance their smuggling journey.

Key findings include:

• In Thailand, smuggling fees constituted 85% of the journey costs among Rohingya and Vietnamese respondents, the highest among all groups.

• In Malaysia, 57% used a smuggler for part of or the whole journey, with Rohingya most commonly using several smugglers for different parts of the journey.

• The average smuggling fee to Indonesia was USD 2,651. Afghan respondents paid the highest average smuggling fees (USD 5,748), and Somali respondents the lowest (USD 1,356)

Geneva, SWIT: Mixed Migration Centre, 2024. 362.

By Leroy Pernell

There is a war being waged against African Americans, and their ability to speak out against racial injustice, which is more intense than any past attempt at suppression, since post-reconstruction in America. This war has been characterized by state legislative initiatives aimed at denying consideration or discussion of Critical Race Theory. Under the guise of “Anti-WOKE,” states, such as Florida have sought not only to prevent serious discussion of Critical Race Theory, but to broaden the attack to deny advocacy or discussion of the more general issue of systemic role of race in our understanding of American jurisprudence, as well. These actions have, to date, resulted in legal challenges drawn from First and Fourteenth Amendment considerations. While these constitutional issues are currently in litigation and have yet to be determined, there has not been additional consideration of the possible impact of silencing voices of communities of color in ways reminiscent of the voiceless role of slaves. The Thirteenth Amendment prohibition of” Badges of Slavery” suggests an analytical perspective that has heretofore not been discussed. This brief commentary explores both the history and possible current application of the Badges of Slavery doctrine as a counter to current state legislative efforts at silencing. Because the author is currently involved in litigation challenging these attacks on First and Fourteenth Amendment grounds, discussion of those issues are not addressed here. Instead, this commentary focuses exclusively on an argument not made – the Thirteenth Amendment ban on badges of slavery. enter Abstract Body

Available at SSRN: https://ssrn.com/abstract=4633259

By Cody Corliss

The Article examines the relationship between trafficking and enslavement in light of recent calls from activists to prosecute trafficking as an international crime. Although human trafficking has repeatedly been denounced as "modern slavery," there remains significant distinctions between the crimes of enslavement and trafficking. Enslavement is an international crime that may be prosecuted in international courts and tribunals in addition to national courts. Trafficking, on the other hand, is a transnational crime restricted to domestic courts.

Under certain circumstances, however, trafficking crimes may constitute the crime of enslavement, as the definition of enslavement in the Statute of the International Criminal Court recognizes. Given their overlap, this Article examines the relationship between trafficking and enslavement, utilizing their respective histories of prohibition and criminalization and judgments at the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) and European Court for Human Rights.

South Carolina Law Review, Vol. 71, No. 3, 2020, WVU College of Law Research Paper No. 2024-008.

Editors:  Rebecca Adami, Anna Kaldal , and  Margareta As

How can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights in Sweden when treated as invisible part of a family? How can we do research on children’s rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children’s international human rights, with a special focus on the realization of the CRC in Sweden.

Leiden: Brill, 2023. 

Edited by Jessica Johnson and Karekwaivanane, George Hamandishe

Pursuing Justice in Africa focuses on the many actors pursuing many visions of justice across the African continent—their aspirations, divergent practices, and articulations of international and vernacular idioms of justice. The essays selected by editors Jessica Johnson and George Hamandishe Karekwaivanane engage with topics at the cutting edge of contemporary scholarship across a wide range of disciplines. These include activism, land tenure, international legal institutions, and postconflict reconciliation. Building on recent work in socio-legal studies that foregrounds justice over and above concepts such as human rights and legal pluralism, the contributors grapple with alternative approaches to the concept of justice and its relationships with law, morality, and rights. While the chapters are grounded in local experiences, they also attend to the ways in which national and international actors and processes influence, for better or worse, local experiences and understandings of justice. The result is a timely and original addition to scholarship on a topic of major scholarly and pragmatic interest. Contributors: Felicitas Becker, Jonathon L. Earle, Patrick Hoenig, Stacey Hynd, Fred Nyongesa Ikanda, Ngeyi Ruth Kanyongolo, Anna Macdonald, Bernadette Malunga, Alan Msosa, Benson A. Mulemi, Holly Porter, Duncan Scott, Olaf Zenker.

Athens, OH:: Ohio University Press, 2018.

By Olivier Marie and Paolo Pinotti

The association between immigration and crime has long been a subject of debate, and only recently have we encountered systematic empirical evidence on this issue. Data shows that immigrants, often younger, male, and less educated compared to natives, are disproportionately represented among offenders in numerous host countries. However, existing research, inclusive of our analysis of new international data, consistently indicates that immigration does not significantly impact local crime rates in these countries. Furthermore, recent studies underscore that obtaining legal status diminishes immigrants' involvement in criminal activities. Finally, we discuss potential explanations for the apparent incongruity between immigrants' overrepresentation among offenders and the null effect of immigration on crime rates.

JOURNAL OF ECONOMIC PERSPECTIVES. VOL. 38, NO. 1, WINTER 2024. (pp. 181-200)

By Matthias Lücke , Helena Hahn , Silvia Carta , Martin Ruhs , Mehari Taddele Maru , Paweł Kaczmarczyk , Karolina Łukasiewicz , Marta Pachocka , Tobias Heidland

Recent geopolitical events like Russia’s invasion of Ukraine and the instrumentalisation of migration from Belarus to Poland are re-shaping the EU's migration policy. To build a resilient migration and asylum system, the EU and its member states must find a way to balance ad hoc, crisis-oriented responses with a long-term, strategic approach. This is one of the main findings of the 2022 MEDAM Assessment Report “Refugee protection in the EU: Building resilience to geopolitical conflict”.

This final report concludes the Mercator Dialogue on Asylum and Migration (MEDAM). Launched in 2016, the project aimed to develop concrete proposals to reform EU asylum and migration policy based on in-depth research. The report considers the most recent developments in the European migration system and reflects on how the numerous crises facing the EU influence the negotiations on the New Pact on Migration and Asylum, proposed in 2020, and public perception of migrants and refugees.

As Russia continues to wage war against Ukraine, the report provides an insightful analysis of refugee movements from Ukraine to Europe since February 2022. The authors discuss the effectiveness of the TPD and future challenges that the war's outcome can pose.

The report also considers general, global migration trends. First, it looks more closely at the link between migration and development policies. The report advances the argument that the relation between economic development, foreign aid, and out-migration is a complex one, challenging the widespread belief that better economic conditions encourage migration. The report also explores the preconditions for effective cooperation on migration management with countries of origin and transit, with a particular focus on EU-Africa relations.

Recent geopolitical events have put migration and asylum back at the centre of EU policymaking. Yet, member states are still struggling to find a common, structured and effective response. Finding a way to bridge their deep-seated differences will be vital to ensure that the EU is ready to navigate future crises.

MEDAM Assessment Report . Kiel, Germany: Kiel Institute for the World Economy (IfW) Mercator Dialogue on Asylum and Migration (MEDAM). 2022. 92p.

By Anastasia Karatzas

The harmful consequences of child immigration detention are, by now, increasingly well-documented. Evidence attests to the long-lasting and negative impact of the practice on children’s health, well-being and development, and has given rise to an international consensus firmly against its continued use.

However, the European Union’s policies fail to reflect any such agreement, which is evident not least in the context of the Return Directive and member states’ continued use of the practice. As it stands, the detention of minors is permitted by the Directive and remains a plausible option both according to the European Commission’s proposal to recast it and the Council of the EU’s position on the matter.

Furthermore, although the Directive mandates member states to explore all plausible alternatives and use child immigration detention only as a measure of last resort, evidence suggests that detention is prolific and other measures underused. In the recast proposal, little looks set to change on this front either, with the use of alternatives having fallen mostly by the wayside.

In this context, this paper argues that, with negotiations on the file ongoing, the time for the EU to shift gears, ban the practice, and mandate member states to implement alternatives is now opportune.

Brussels: European Policy Centre, 2022.  12p.

By Amina Memon, Zoe Given-Wilson, […], and Cornelius Katona 

This paper reviews the existing and emerging applications of Artificial Intelligence (AI) in the context of asylum. The UK has a significant backlog in processing asylum claims. In June 2023, 215,500 asylum cases were ‘in progress’ with the UK Home Office with over half of these representing people awaiting an initial decision.1 Therefore, the identification of fair and effective strategies to speed up the process – including the mobilisation of AI based technologies – is critical. The evolving field of AI technologies encompassing machine learning, deep learning and artificial neural networks – could be a positively disruptive branch of data science. Its utilisation allows for improvements in the speed, efficiency and reliability of decision-making. Artificial Intelligence can identify patterns across large data sets and manipulate its own algorithms to increase its accuracy. This could assist with various stages of asylum processing, including information gathering, data sharing, planning, analysis and decision-making.2,3 The AI streamlining of asylum casework through real-time language translation, potentially enables efficient communication between applicants and officials regardless of language barriers thus saving costs on translation services. Artificial Intelligence can assist in translating and organising vast quantities of documents, such as personal testimonies or legal paperwork, ensuring accuracy and consistency across multiple languages. Advanced AI translation tools are also capable of learning from context, which may facilitate greater understandings of the nuances and cultural specifics of an applicant's narrative.

Medicine, Science and the Law Volume 64, Issue 2. 2024, 4pg

The CyberTipline is the main line of defense for children who are exploited on the internet. It leads to the rescue of children and the arrest of abusers. Yet after 26 years many believe the entire system is not living up to its potential. A new Stanford Internet Observatory report examines issues in the reporting system and what the technology industry, the nonprofit that runs the tipline, and the U.S. Congress must do to fix it.

If U.S. platforms discover child sexual abuse material, federal law requires they report it to the CyberTipline, which is run by the National Center for Missing and Exploited Children, a nonprofit. NCMEC then forwards the reports to law enforcement.

Palo Alto, CA: Stanford  Internet Observatory Cyber Policy Center. 2024, 84pg

By Jonathan Hafetz

The U.S. detention center at Guantánamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. It has come to epitomize lawlessness and has sparked protracted legal battles and political debate. For too long, however, Guantánamo has been viewed in isolation and has overshadowed a larger, interconnected global detention system that includes other military prisons such as Bagram Air Base in Afghanistan, secret CIA jails, and the transfer of prisoners to other countries for torture. Guantánamo is simply—and alarmingly—the most visible example of a much larger prison system designed to operate outside the law.

Habeas Corpus after 9/11 examines the rise of the U.S.-run global detention system that emerged after 9/11 and the efforts to challenge it through habeas corpus (a petition to appear in court to claim unlawful imprisonment). Habeas expert and litigator Jonathan Hafetz gives us an insider’s view of the detention of “enemy combatants” and an accessible explanation of the complex forces that keep these systems running.

In the age of terrorism, some argue that habeas corpus is impractical and unwise. Hafetz advocates that it remains the single most important check against arbitrary and unlawful detention, torture, and the abuse of executive power

New York; London: NYU Press, 2011. 331p.

By Lara Farrell

This briefing on the experiences and drivers of exploitation for young migrant workers analyses age as a risk factor for labour exploitation, considering how it intersects with other vulnerabilities. It is based on data collected through participatory research with workers in cleaning, hospitality, and app-based deliveries, alongside existing literature, as part of a three-year project aimed at addressing the knowledge gap concerning experiences and drivers of labour abuse and exploitation in these under-researched, low-paid sectors of the economy. The focus of the briefing is on workers aged 16-24, as young people are most likely to be working in sectors with the highest levels of precarious employment, temporary jobs, and casual contracts, yet there is a lack of research and understanding of their experiences of work.

This briefing on the experiences and drivers of exploitation for young migrant workers analyses age as a risk factor for labour exploitation, considering how it intersects with other vulnerabilities. It is based on data collected through participatory research with workers in cleaning, hospitality, and app-based deliveries, alongside existing literature, as part of a three-year project aimed at addressing the knowledge gap concerning experiences and drivers of labour abuse and exploitation in these under-researched, low-paid sectors of the economy. The focus of the briefing is on workers aged 16-24, as young people are most likely to be working in sectors with the highest levels of precarious employment, temporary jobs, and casual contracts, yet there is a lack of research and understanding of their experiences of work.

London,  Focus on Labour Exploitation (FLEX). 2021, 18pg

By  Hekate Papadaki

Victims of modern slavery who are forced into criminality are frequently misunderstood and treated as criminals. In the UK it is estimated that as many as 100,000 victims are being exploited for modern slavery.1 Our report reveals a worrying picture of abuse and exploitation of vulnerable adults and even children, with criminals developing sophisticated strategies to trap victims into a cycle of exploitation. The lack of understanding amongst police and legal professionals means many victims are failing to get the support they need and this type of modern slavery is overlooked and under-reported. While this report was written prior to the onset of COVID-19, its findings are timely and important as we know that people who are vulnerable and in difficult financial predicaments are preyed on by traffickers. We know that traffickers target homeless people, including British nationals. An economic downturn will heighten the risk they face. Now more than ever, it is crucial that we support victims of modern slavery and that the police and legal professionals know how to spot the signs of abuse. And while it may have been hidden during lockdown, this type of modern slavery is on the rise. Criminal exploitation, where people are forced to undertake criminal activities such as financial fraud, sham marriages or working in the drugs trade, was only officially recognised in the UK in 2017. Yet in recent years there has been more than a 4-fold increase in cases of criminal exploitation uncovered during police operations, and it now makes up a quarter of all operations.2 At Hestia, we believe the numbers of victims are much higher than even current data shows and that cases are systematically misrecorded. So, why has this area of exploitation been hidden for so long and what are the challenges in addressing it? By reviewing the experiences of over 60 victims and interviewing 40 professionals in this field including police, solicitors and victim’s advocates some clear themes and challenges emerge.

London: Hestia. 2020, 24pg

By Alicia Heys, Craig Barlow, Carole Murphy and Amy McKee

This article offers an original contribution to the field of victimization studies by investigating the current context of, and responses to, British nationals who are victims of modern slavery in the UK (BVs). Through the examination of National Referral Mechanism and Duty to Notify statistics, a current picture of specific experiences of BVs in the UK is illustrated with reference to identification and access to support. An exploration of the reasons for non-engagement of BVs with services and the detrimental impact this may have on their recovery highlights pertinent issues of mistrust, stigma and shame. Compounded by the current criminal justice approach towards modern slavery, the effects on the well-being of victims and survivors document the barriers to accessing services. A lack of engagement with the complexity of modern slavery; a lack of knowledge, training and expertise; and a lack of comprehensive guidance result in poor outcomes for BVs. Overall, the findings of this article are important in recognizing that the needs of BVs are currently not adequately met. A comprehensive investigation is required to examine the specific needs and experiences of BVs so that responses can be improved to effectively and appropriately support them into long-term and meaningful recovery.

Journal of Victimology and Victim JusticeVolume 5, Issue 1. April 2022, 16pg

BY ROGER J. R. LEVESQUE  

In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another dramatic shift, as it moves from considering difference to focusing on neutrality. Rather than seeking to counter subjugation through special protections for groups that have been historically (and currently) disadvantaged, the Court now adopts a “colorblind” approach. Equality now means treating everyone the same way.

This book explores these shifts and the research used to support civil rights claims, particularly relating to minority youths’ rights to equal treatment. It integrates developmental theory with work on legal equality and discrimination, showing both how the legal system can benefit from new research on development and how the legal system itself can work to address invidious discrimination given its significant influence on adolescents—especially those who are racial minorities—at a key stage in their developmental life.

Adolescents, Discrimination, and the Law articulates the need to address discrimination by recognizing and enlisting the law’s inculcative powers in multiple sites subject to legal regulation, ranging from families, schools, health and justice systems to religious and community groups. The legal system may champion ideals of neutrality in the goals it sets itself for treating individuals, but it cannot remain neutral in the values it supports and imparts. This volume shows that despite the shift to a focus on neutrality, the Court can and should effectively foster values supporting equality, especially among youth.

New York; London: New York University Press, 2015. 304p.

By Tuesday Reitano and Prem Mahadevan

This brief brings together key lessons emerging from GI-TOC research on the smuggling of migrants (SOM) between 2015-23. The research emphasises (1) The need to provide sufficient opportunities for legal migration (2) The importance of timing for enforcement-led responses (3) The adaptive nature of the smuggling industry, with route changes being implemented swiftly in response to seemingly formidable obstacles to population movement.

Hostility towards migrants has increased in the aftermath of COVID-19, however drivers of migration have intensified. Regional smuggling markets and routes are consolidating under influential poly-criminals, while governments crack down on smaller players. To counter this, state intervention efforts might consider prioritising the slowing, and ideally, the reversal of this consolidation. This would require a holistic approach that addresses migrant smuggling through development interventions, over solely concentrating on interdiction measures.

Policy implications

• Legal migration prospects offer a clear boundary between lawful and unlawful entry, facilitating prompt action for those not using established channels.

• Setting up humanitarian support infrastructure along smuggling routes could help mitigate power imbalances between migrants and smugglers

• Multilateral intelligence collection states with visa-free travel arrangements between them, could use tracking to detect criminal consolidation on key routes, enabling targeted interdiction and counter-action against smuggling networks.

• Differentiating between migrant smuggling networks: standalone operations vs. career criminal groups.

• Partnering with NGOs and CSOs could help map smuggling networks, as they often have access to migrant accounts.

• Strengthening of data collation capacity within law enforcement agencies could build up a longterm evidence base to curate policy responses.

Briefing Note 28

The Hague: Serious Organised Crime & Anti-Corruption Evidence (SOC ACE), 2024. 10p.