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Posts in Criminal Justice
Assistance and Support Services for Survivors of Human Trafficking: A Qualitative Study

By Yvon Dandurand, Darryl Plecas, John Winterdyk and Vivienne Chin

The International Centre for Criminal Law Reform (ICCLR) conducted a qualitative survey and analysis of the types of services and supports most needed by survivors of labour and sex trafficking, including the perceived usefulness and effectiveness of these services. The study also examined service delivery models, source of referrals, models of inter-agency collaboration, and accessibility of relevant services in British Columbia and Alberta for meeting the needs of labour and sex trafficking survivors (including those at risk of or are currently being trafficked). Previous research has revealed a lot about the needs of victims and survivors of human trafficking and their difficulty in accessing relevant services. Their needs are multiple and complex, but, by now, they are well known. These needs include health care (including mental health and in some cases addiction treatment), legal, financial (immediate and longer-term), protection (e.g., safe houses), housing, emotional and psychological support, connection with the justice system, and in the case of survivors of transnational trafficking, translation, assistance with respect to their immigration status, communication with home and repatriation, travel assistance, etc. The needs of trafficked survivors are not uniform and are contextualized by the purpose for which they are trafficked, particularly such as those for sexual exploitation or labour exploitation. The needs are also different for Canadian and foreign victims. There are also gender-based differences in the needs of survivors. Finally, survivors of human trafficking require during the criminal justice process when they are involved as witnesses for law enforcement and the prosecution.

Vancouver, BC : International Centre for Criminal Law Reform and Criminal Justice Policy, 2023. 72p.

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From Evidence to Action: Twenty years of IOM child trafficking data to inform policy and programming

By Digidiki, V., J. Bhabha, K. Connors, H. Cook, C. Galez-Davis, C. Hansen, M. Lane, S. Laursen, and L. Wong,  The International Organization for Migration and the François-Xavier Bagnoud Center for Health and Human Rights at Harvard University.

Despite efforts, large numbers of children continue to fall victim to traffickers worldwide, due to inequitable social, economic, environmental and political factors that engender exploitative and discriminatory practices. A critical component of countering trafficking is reliable and up-to-date data, to empirically ground interventions, though actionable data are limited, and child victims are typically hard to reach. This report, based on analysis of extensive, globally sourced data, is the first of its kind and analyses primary data from more than 69,000 victims of trafficking of 156 nationalities, trafficked in 186 countries, who registered with IOM in its 113 countries of operation, using the IOM Victims of Trafficking Database (VoTD) - the largest available international database of individual victims of trafficking.

The report shows that child trafficking is a multifaceted and complex phenomenon that continues to spread and evolve within and across borders. No age range, no gender and no nationality are immune to child trafficking; it is a truly global phenomenon. However, the study provides evidence of important trends and dynamics, linked to factors such as age, gender and geography, that help further our understanding of the phenomenon, with the potential to inform policy and programming.

Geneva: IOM, 2023. 88p.

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Enhancing the Identification, Prosecution and Prevention of Orphanage Trafficking through the Legal Frameworks of Nepal, Uganda and Cambodia

By Rebecca Nhep, Kate van Doore

  Orphanage trafficking refers to the process of children being transferred or recruited into orphanages for the purpose of exploitation and profit. Whilst much work is being done on strengthening child protection systems and deinstitutionalisation, orphanage trafficking as a driver of institutionalisation remains under researched despite being an issue that heavily impacts upon the ongoing institutionalisation of children. In some countries, an ‘orphanage industry’ has even emerged due to the high levels of tourist, volunteer and foreign donor interest in assisting orphaned children. As the first project of its kind in the world, this study assesses the legal, policy and procedural frameworks in both domestic and international law across Nepal, Uganda and Cambodia, where orphanage trafficking continues to undermine domestic efforts to stem the overuse of institutionalisation of children.

Brisbane: Griffith University, 2021. 66p.

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Preventing Trafficking by Protecting Refugees

By Rebecca L. Feldmann

An inherent tension underlies the duty to prevent trafficking. On the one hand, nation-states are required to take border control measures aimed at preventing trafficking. At the same time, such measures must respect international obligations toward asylum-seekers and other migrants relating to the free movement of people. In the past twenty years, countries such as the United States have developed increasingly sophisticated systems designed to regulate and restrict the movement of people across borders. However, the same period has seen an increasing disregard for the human rights of the very people who are crossing those borders. In order to fully meet the duty to prevent trafficking, states must come to recognize the importance of involving victims of this crime in the solution, which will never happen if countries demonize all migrants as criminals and traffickers. In short, states that seek to lead the fight against human trafficking need to work with victims (including foreign national victims in the state’s territory) and other partners (such as non-governmental organizations and victims’ attorneys) to ensure that their rhetoric more closely matches reality.

Utah Law Review, 659 (2023)

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uman Smuggling in Africa: The creation of a new criminalised economy?

By Lucia Bird

Governments need to ensure responses to migration and human smuggling don’t make it more dangerous for migrants and more lucrative for criminals. Mobility has been a key facet of resilience across much of the African continent throughout its history, and those on the move have long relied on the support of smugglers to facilitate the journey. However, the birth of the modern migrant smuggling industry as a multi-million global business is much more recent, as is the perception of the migrant smuggler as a highly organised criminal figure.

ENACT Africa, 2021. 88p.

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Current and Future Research on Labor Trafficking in the United States

by Joe EyermanMelissa M. LabriolaBella González

Reducing the prevalence of all forms of human trafficking, including sex trafficking, labor trafficking, and child sexual exploitation, is a national priority that puts the U.S. Department of Homeland Security (DHS) in a prominent role. Given the scale, evolving nature, and complexity of labor trafficking, combating the problem poses a significant challenge. The DHS Science and Technology Directorate (S&T) anti–human trafficking program is assessing the current state of and future needs for labor trafficking research in the United States. This effort will serve as a starting point for future social science–based S&T anti–human trafficking research and actions focused on labor trafficking.

Santa Monica, CA: RAND, 2023. 

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Representations of Transnational Human Trafficking: Present-day News Media, True Crime, and Fiction

Edited by  Christiana Gregoriou

This open access edited collection examines representations of human trafficking in media ranging from British and Serbian newspapers, British and Scandinavian crime novels, and a documentary series, and questions the extent to which these portrayals reflect the realities of trafficking. It tackles the problematic tendency to under-report particular types of victim and forms of trafficking, and seeks to explore both dominant and marginalised points of view. The authors take a cross-disciplinary approach, utilising analytical tools from across the humanities and social sciences, including linguistics, literary and media studies, and cultural criminology. It will appeal to students, academics and policy-makers with an interest in human trafficking and its depiction in the modern day.

Cham:  Springer Nature, 2018. 160p.

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Refugee protection, human smuggling, and trafficking in Bangladesh and Southeast Asia

By Bruce Ravesloot, Tanay Amirapu, Chandler Smith, Sehdia Mansaray ; TANGO International, Inc.

This research report critically assesses the risks and needs of Rohingya refugees in Bangladesh and Southeast Asia across three thematic domains: refugee protection, human trafficking, and human smuggling. The research draws from three national contexts: Thailand, Malaysia, and Indonesia.

The research explores the following questions: What is the regional and national policy landscape for refugee protection, anti-smuggling, and anti-trafficking? What are the risks and opportunities in these domains?

Denmark: Mixed Migration Centre, 2022. 97p.

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Rohingya in Indonesia, Malaysia and Thailand: Refugee protection, human smuggling and trafficking\

By  Hui Yin Chuah

This briefing paper highlights the key findings from the Research Report, “Refugee Protection, Human Smuggling, and Trafficking in Bangladesh and Southeast Asia”. The research aims to assess the risks and needs of Rohingya refugees in Bangladesh and Southeast Asia across three thematic domains, with particular focus on the national contexts of Thailand, Malaysia, and Indonesia. The three domains are: protection; human trafficking; and human smuggling.

Denmark: Mixed Migration Centre, 2023. 9p.

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Waiting and the Temporalities of Irregular Migration

Edited by Christine M. Jacobsen, Marry-Anne Karlsen and Shahram Khosravi  

"This edited volume approaches waiting both as a social phenomenon that proliferates in irregularised forms of migration and as an analytical perspective on migration processes and practices. Waiting as an analytical perspective offers new insights into the complex and shifting nature of processes of bordering, belonging, state power, exclusion and inclusion, and social relations in irregular migration. The chapters in this book address legal, bureaucratic, ethical, gendered, and affective dimensions of time and migration. A key concern is to develop more theoretically robust approaches to waiting in migration as constituted in and through multiple and relational temporalities. The chapters highlight how waiting is configured in specific legal, material, and socio-cultural situations, as well as how migrants encounter, incorporate, and resist temporal structures. This collection includes ethnographic and other empirically based material, as well as theorizing that cross-cut disciplinary boundaries. It will be relevant to scholars from anthropology and sociology, and others interested in temporalities, migration, borders, and power. 

New York: London: Routledge, 2021. 229p.

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Regularisations of Irregularly Staying Migrants in the EU: A Comparative Legal Analysis of Austria, Germany and Spain

By Kevin Fredy Hinterberge

‘Combatting’ irregular migration is one of the key challenges to migration management at EU level. The present book addresses one of the most pressing structural problems regarding the EU’s return policy: the low return rate of irregularly staying migrants. In this regard the EU Return Directive obliges Member States to issue a return decision, yet only 40% of such decisions are enforced annually. Moreover, despite the political and legal efforts, the EU is not making any significant progress in enforcing the rules it has laid down in the Return Directive. The legislation of EU Member States may, however, serve as a source for possible solutions to ‘combat’ the problem of irregularly staying migrants. This is why the book compares the system of regularisations in Austria, Germany and Spain. Regularisations constitute an effective alternative to returns because they terminate the irregular residence of migrants, not through deportation, but rather by granting a right of residence. Regularisation is therefore understood as each legal decision that awards legal residency to irregularly staying migrants. As is shown by the examination and comparison of regularisations in Austria, Germany and Spain, differentiated systems of regularisation exist at national level. However, EU regularisations supplementing the present return policy would be more effective at ‘combatting’ irregular migration at EU level.

 Baden-Baden: NomosHart Publishing, 2023. 398p.

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(Re) Figuring Human Enslavement: Images of Power, Violence and Resistance

Edited by Ulrich Pallua, Adrian Knapp and Andreas Exenberger

"The publications of the interdisciplinary and internationally networked Research Platform “World Order – Religion – Violence” seek to improve our understanding of the relationship between religion, politics and violence. It therefore deals especially with the return of religious themes and symbols into politics, with the analysis of the link between political theory and religion, and finally with the critical discussion of the secularization thesis. At the centre of the research are questions concerning the causes of violent conflict, the possibilities for a just world order and the conditions for peaceful coexistence on a local, regional, national and international/worldwide scale between communities in the face of divergent religious and ideological convictions. Its task is to initiate and coordinate thematically related research-efforts from various disciplinary backgrounds at the University of Innsbruck. It creates a network between departments, research-teams and single researchers working on topics of religion, politics and violence. The overall aim of the research platform World Order-Religion-Violence is to promote excellence in social and human science research on religion and politics at the University of Innsbruck and to guarantee the diffusion of this particular competence on a national and international level."

Innsbruck: innsbruck university press, 2009. 256p.

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Migrants and Migration in Modern North America: Cross-Border Lives, Labor Markets, and Politics

Edited by  Dirk Hoerder and Nora Faires

Presenting an unprecedented, integrated view of migration in North America, this interdisciplinary collection of essays illuminates the movements of people within and between Canada, the Caribbean, Mexico, and the United States over the past two centuries. Several essays discuss recent migrations from Central America as well. In the introduction, Dirk Hoerder provides a sweeping historical overview of North American societies in the Atlantic world. He also develops and advocates what he and Nora Faires call “transcultural societal studies,” an interdisciplinary approach to migration studies that combines migration research across disciplines and at the local, regional, national, and transnational levels. The contributors examine the movements of diverse populations across North America in relation to changing cultural, political, and economic patterns.

Durham, NC: Duke University Press, 2011. 458p.

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Shelter from the Storm: Better Options for New York City’s Asylum-Seeker Crisis

By John Ketchamand Daniel Di Martino   
SSince the summer of 2022, more than 70,000 asylum seekers have arrived in New York City, stretching public resources to their limit. The massive influx has been particularly challenging given the city’s “right to shelter,” the result of a 1979 lawsuit, Callahan v. Carey, and corresponding consent decree, which required the city to provide immediate shelter to those who request it, regardless of the number of applicants or the availability of resources. In order to comply with this requirement, the city has housed some 40,000 migrants in shelters—which has led to an approximately 70% spike in the shelter population in a single year. NYC is currently supporting more than 170 emergency shelters and 10 additional large-scale humanitarian relief centers.

Shelters and relief centers simply cannot house all the newly arrived migrants, which has forced the city to procure approximately 4,500 hotel rooms in unionized facilities,[1] often through expensive contracts that provide bonanzas to owners and the city’s hotel-worker unions. Most notably, on May 13, Mayor Eric Adams announced that the historic 1,025-room Roosevelt Hotel, located in the heart of Midtown East, would become New York City’s central migrant intake center,[2] at a reported cost of $225 million.[3] In addition to hosting hundreds of families and individuals on-site, the location will process all arriving asylum seekers and provide them with a range of city services, including government-issued ID cards, public-school and health-insurance enrollment, mental-health counseling, and more.

New York: Manhattan Institute, 2023. 19p.

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Shelter from the Storm: Better Options for New York City’s Asylum-Seeker Crisis

By John Ketchamand Daniel Di Martino   

Since the summer of 2022, more than 70,000 asylum seekers have arrived in New York City, stretching public resources to their limit. The massive influx has been particularly challenging given the city’s “right to shelter,” the result of a 1979 lawsuit, Callahan v. Carey, and corresponding consent decree, which required the city to provide immediate shelter to those who request it, regardless of the number of applicants or the availability of resources. In order to comply with this requirement, the city has housed some 40,000 migrants in shelters—which has led to an approximately 70% spike in the shelter population in a single year. NYC is currently supporting more than 170 emergency shelters and 10 additional large-scale humanitarian relief centers.

Shelters and relief centers simply cannot house all the newly arrived migrants, which has forced the city to procure approximately 4,500 hotel rooms in unionized facilities,[1] often through expensive contracts that provide bonanzas to owners and the city’s hotel-worker unions. Most notably, on May 13, Mayor Eric Adams announced that the historic 1,025-room Roosevelt Hotel, located in the heart of Midtown East, would become New York City’s central migrant intake center,[2] at a reported cost of $225 million.[3] In addition to hosting hundreds of families and individuals on-site, the location will process all arriving asylum seekers and provide them with a range of city services, including government-issued ID cards, public-school and health-insurance enrollment, mental-health counseling, and more.

New York: Manhattan Institute, 2023. 19p.

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Survival Migration: Failed Governance and the Crisis of Displacement

By Alexander Betts

Such threats as environmental change, food insecurity, and generalized violence force massive numbers of people to flee states that are unable or unwilling to ensure their basic rights, as do conditions in failed and fragile states that make possible human rights deprivations. Because these reasons do not meet the legal understanding of persecution, the victims of these circumstances are not usually recognized as "refugees," preventing current institutions from ensuring their protection. In this book, Alexander Betts develops the concept of "survival migration" to highlight the crisis in which these people find themselves.

Ithaca, NY: Cornell University Pres, 2013. 255p.

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The Routledge Handbook of Refugee Narratives

Edited by Evyn Lê Espiritu Gandhi and Vinh Nguyen

This Handbook presents a transnational and interdisciplinary study of refugee narratives, broadly defined. Interrogating who can be considered a refugee and what constitutes a narrative, the thirty-eight chapters included in this collection encompass a range of forcibly displaced subjects, a mix of geographical and historical contexts, and a variety of storytelling modalities. Analyzing novels, poetry, memoirs, comics, films, photography, music, social media, data, graffiti, letters, reports, eco-design, video games, archival remnants, and ethnography, the individual chapters counter dominant representations of refugees as voiceless victims. Addressing key characteristics and thematics of refugee narratives, this Handbook examines how refugee cultural productions are shaped by and in turn shape socio-political landscapes. It will be of interest to researchers, teachers, students, and practitioners committed to engaging refugee narratives in the contemporary moment.

London; New York: Routledge, 2023. 528p. 

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Refugees in Europe, 1919-1959: A Forty Years' Crisis?

Edited by Matthew Frank and Jessica Reinisch  

 Refugees in Europe, 1919-1959 offers a new history of Europe’s mid-20th century as seen through its recurrent refugee crises. By bringing together in one volume recent research on a range of different contexts of groups of refugees and refugee policy, it sheds light on the common assumptions that underpinned the history of refugees throughout the period under review. The essays foreground the period between the end of the First World War, which inaugurated a series of new international structures to deal with displaced populations, and the late 1950s, when Europe's home-grown refugee problems had supposedly been ‘solved’ and attention shifted from the identification of an exclusively European refugee problem to a global one. Borrowing from E. H. Carr’s The Twenty Years’ Crisis, first published in 1939, the editors of this volume test the idea that the two post-war eras could be represented as a single crisis of a European-dominated international order of nation states in the face of successive refugee crises which were both the direct consequence of that system and a challenge to it. Each of the chapters reflects on the utility and limitations of this notion of a ‘forty years’ crisis’ for understanding the development of specific national and international responses to refugees in the mid-20th century. Contributors to the volume also provide alternative readings of the history of an international refugee regime, in which the non-European and colonial world are assigned a central role in the narrative.

London; New York : Bloomsburgy Academic, 2017. 269p.

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The Unintended Consequences of Deportations: Evidence from Firm Behavior in El Salvador

By Antonella Bandiera, Lelys Dinarte, Sandra Rozo, Carlos Schmidt-Padilla, Micaela Sviatschi, Hernan. Winkler    

  Can repatriation inflows impact firm behavior in origin countries? This paper examines this question in the context of repatriation inflows from the United States and Mexico to El Salvador. The paper combines a rich longitudinal data set covering all formal firms in El Salvador with individual-level data on all registered repatriations from 2010 to 2017. The empirical strategy combines variation in the municipality of birth of individuals repatriated over 1995–2002—before a significant change in deportation policies—with annual variation in aggregate inflows of repatriations to El Salvador. The findings show that repatriations have large negative effects on the average wages of formal workers. This is mainly driven by formal firms in sectors that face more intense competition from the informal sector, which deportees are more likely to join. Repatriation inflows also reduce total employment among formal firms in those sectors. Given that most deportees spend less than a month abroad, these findings suggest that the experience of being detained and deported can have strong negative effects not only on the deportees, but also on their receiving communities.  

  Policy Research Working Paper 9521. Washington, DC: The World Bank, 2021. 39p.

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Migration Control and Access to Welfare: The Precarious Inclusion of Irregular Migrants in Norway

By Marry-Anne Karlsen

Over the past decades, European states have increasingly limited irregular migrants’ access to welfare services as a tool for migration control. Still, irregular migrants tend to have access to certain basic services, although frequently of a subordinate, arbitrary, and unstable kind. Drawing on in-depth ethnographic fieldwork conducted in Norway, this book sheds light on ambiguities in the state’s response to irregular migration that simultaneously cut through law, policy, and practice. Carefully examining the complex interplay between the geopolitical management of territory and the biopolitical management of populations, the book argues that irregularised migrants should be understood as precariously included in the welfare state rather than simply excluded. The notion of precarious inclusion highlights the insecure and unpredictable nature of the inclusive practises, underscoring how limited access to welfare does not necessarily contradict restrictive migration policies. Taking the situated encounters between irregularised migrants and service providers as its starting point for exploring broader questions of state sovereignty, biopolitics, and borders, Migration Control and Access to Welfare offers insightful analyses of the role of life, territory, and temporality in contemporary politics. As such, it will appeal to scholars of migration and border studies, gender research, social anthropology, geography, and sociology.

New York: London: Routledge, 2021. 176p.

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