By Letizia Palumbo

This open access book intends to contribute to the debate on migrant labour exploitation by exploring the extent to which the EU and the European countries provide a standard for protecting migrant workers. It moves from a socio-legal and theoretical perspective and builds on critical studies on vulnerability, exploitation, trafficking and migrant labour regimes – along with relevant feminist theories, including theories on social reproduction – while also drawing on extensive fieldwork. By mobilising the concept of ‘situational vulnerabilities’, the book critically investigates the assemblage and interaction of factors creating and amplifying migrant workers’ vulnerabilities to exploitation in the key sectors of agriculture and domestic work. The aim is to highlight how situations of vulnerability to exploitation are generated and exacerbated by relevant legal and policy frameworks, underlining and questioning the tensions, continuities, and ambiguities between different regimes, such as the regimes regulating labour migration and those intended to combat severe exploitation. While at national level the focus is on relevant Italian legal and policy instruments and approaches, the book also offers a comparative look at those adopted in the UK. This critical analysis considers labour exploitation both in its systemic dimension and as a continuum. It sheds lights on how forms of exploitation are associated with different ‘situational’ vulnerabilities produced by the interplay of personal and structural factors in line with a gender and intersectional approach. By engaging an analysis of the ways in which the concepts of exploitation and vulnerability are addressed and formulated in various international, European, and national legal and policy instruments, the study reveals the limitations and ambiguities of applicable legislation and policies. The book is a great resource for students and academics in the field as well as legal practitioners and policymakers interested in human rights, migration studies, labour rights, labour exploitation, and gender related issues.

Cham: Springer Nature, 2024. 323p.

Edited by Ramona Negrón, Jessica den Oudsten, Camilla de Koning, and Karwan Fatah-Black

In this book, a new generation of scholars offers fresh perspectives on the history of the Dutch slave trade. Traditionally, Dutch research has focused on business practices, often overlooking the enslaved and the complexities of illegal trade and violence. By experimenting with innovative methodologies and underutilised primary sources, this volume reveals the potential to uncover perspectives of enslaved people aboard slave ships, to investigate unstudied areas like sexual violence, and to examine the roles of Dutch elite in the trade.

Amsterdam: Amsterdam University Press, 2025. 274p.

By Martina Prpic; Graphics: Giulio Sabbati

Human trafficking is a serious crime and a violation of human rights. It has been on the rise because of increasing mobility, the spread of internet use and the generally low risks and high profit involved. The true extent of the problem can only be estimated, as complete statistics are not available and data are difficult to collect. However, even without exact numbers, it can be observed that a victim's gender influences the likelihood, manner and purpose of their being exploited. Available data on the prevalence of human trafficking show that most victims are women and girls, although men and boys are registered as victims in increasing numbers, as are transgender people. Sexual exploitation is by far the number one purpose of trafficking in women, while forced labour is the main purpose of trafficking in male victims. The leading factors that contribute to trafficking in women are their vulnerability, particularly as a consequence of violence, and demand for their sexual services. Traffickers usually exploit the dire economic situation of people searching for a better life abroad. The internet plays an important role, as does migrant smuggling. Sex trafficking also has an impact on how EU Member States legislate for prostitution, as authorities are aware that many people may not engage in prostitution willingly. The EU has adopted key instruments to tackle trafficking in human beings. In line with international standards, these instruments take a victim-centred approach and recognise that support and protection of victims, as well as prevention, should be gender-specific. In the most recent legislative instruments, the crime's digital dimension has been given more attention. The European Parliament is playing an important part in shaping EU policies in the field, and has pushed for more progress. This updates a briefing written by Anja Radjenovic and Sofija Voronova in 2016.

Brussels: EPRS | European Parliamentary Research Service, 2024. 10p.

By Unions NSW

This report on workplace exploitation and the experience of migrant women living in Australia on temporary visas identifies an unacceptable level of sexual harassment, exacerbated by visa status, and calls for immediate policy action. The report makes recommendations to create a safer and more equitable working environment for migrant women.

The study underscores the need to implement policy changes that target intersecting issues experienced by migrant women in Australia. Migrant women on temporary visas are forced to endure sexual harassment in silence due to numerous factors, including uncertainty regarding their immigration status, precarious work, and racial and gender workplace discrimination. The research also underscores the need to allocate more resources to developing services to provide advice, education, and training to empower migrant women to report sexual harassment.

Key findings

• 51% of respondents reported having experienced sexual harassment at work.

• Sexual harassment was commonly reported in the construction, hospitality, horticulture, retail, and cleaning industries.

• 82% of respondents who worked in the construction industry experienced sexual harassment.

• Participants experienced a range of repercussions when they tried to defend themselves, rejected the behaviour or reported the harasser’s conduct.

• 48% working in the construction and horticulture industries decided to leave their job because they felt unsafe.

• 50% of those who experienced workplace sexual harassment were concerned that reporting could result in losing their job, and 75% did not report the incident.

Recommendations

1. Migrant worker centres should be established in each state.

2. Culturally appropriate education and training should be developed in each state in collaboration with migrant worker groups.

3. Implement a legal framework and policies to protect migrant women.

4. Develop reporting pathways that reflect the needs of migrant women.

5. Introduce reforms to ensure migrant women have access to existing legal avenues to address sexual harassment.

6. Facilitate migrant women's access to employment opportunities.

7. Provide temporary migrant women with visa protections to ensure they can report sexual harassment without fear of visa cancellations or other negative impacts to their immigration status.

8. Remove the requirement for working holiday makers to undertake ‘specified work’ in regional areas.

9. Remove the working hours cap on student visas.

Sydney: Unions NSW, 2024. 56p.

By Rachel Rein

This Note explores human trafficking in the United States through Disability Critical Race Studies (DisCrit). First, the Note offers background on trafficking and applicable federal law. The Note shows that not only does trafficking disable people, but that people with preexisting disabilities are especially at risk for trafficking. Next, the Note indicates that trafficking law follows a Law-and-Order framework that retraumatizes marginalized survivors. Then, the Note introduces DisCrit and justifies its use for anti-trafficking advocacy. Finally, the Note applies DisCrit. By looking at trafficking law through DisCrit, it becomes clear that trafficking law must work with—not against—survivors to end human suffering.

42 Colum. J. Gender & L. 183 (2022).

By Nina Rabin

This Article describes the ways in which prolonged states of legal limbo have grown more precarious, and thereby subordinating, under the Trump administration. Liminal forms of status have long been a feature of U.S. immigration law. But under the Trump administration, legal limbo grew both in prevalence and precarity. Due to Trump’s pursuit of an aggressive enforcement agenda, the legal system has become so overwhelmed that non-detained immigrants find themselves in protracted removal proceedings that routinely last for years. During this time, immigrants are consigned to a marginalized existence that harms their long-term ability to achieve social and economic mobility and integration. In this way, legal limbo has become increasingly tied to the creation and maintenance of a caste system in U.S. society. This Article offers a new conceptual framework, the “spectrum of precarity,” to analyze how and to what extent various types of liminal legal status in immigration law marginalize immigrants. Application of this spectrum to the states of limbo experienced by immigrants under the Obama and Trump administrations reveals very different approaches and outcomes. President Obama created liminal forms of legal status through specific policies and programs: administrative closure and the Deferred Action for Childhood Arrivals program (DACA). These efforts were explicitly designed to provide immigrants with a measure of social integration, along with protection from deportation. In contrast, immigrants in the Trump Era found themselves in limbo due to ballooning backlogs in the over-burdened legal immigration system. As a result, at the close of the Trump administration, immigrants with pending visas and asylum-seekers live in a state of prolonged uncertainty and fear that forces them into a marginalized existence in the shadows. This state of affairs poses a challenge for removal defense attorneys of non-detained immigrants, and calls into question the due process framework that often serves as a guiding structure for advocates in the immigration system. Due process, with its focus on discrete legal events and its failure to pay sufficient attention to the passage of time, risks causing attorneys to become accomplices in the creation of caste. Instead, in the current dysfunctional and disempowering legal immigration system, removal defense attorneys must seek to counterbalance the marginalizing effects of legal limbo on their clients’ daily lives and future trajectories through multi-faceted, interdisciplinary, and community-based models of lawyering.

35 Geo. Immigr. L.J. 567,569. 2021.

By Jonathan Booth

Privately managed detention centers hold the majority of detained immigrants in Immigration and Customs Enforcement (“ICE”) custody. Coerced detainee labor in these for-profit facilities is commonplace. The practice contributes significantly to the financial viability of CoreCivic and GEO Group, the two corporations which manage most ICE detention centers, but it violates the prohibition on forced labor contained in the 2000 Trafficking Victims Protection Act (“TVPA”).

Despite a growing field of scholarship on “crimmigration” and proposals to abolish immigration detention, or on its extraterritorial application. Because practitioners, rather than scholars, were the first to recognize that the TVPA’s prohibition of forced labor applies to private detention centers, there has been little scholarly analysis of the application of the TVPA to forced labor within detention facilities.

This Article provides the first scholarly assessment of a wave of pending class action lawsuits challenging forced labor in privately managed ICE facilities under the TVPA. It concludes that such lawsuits are likely to succeed, given the facts known about conditions in for-profit immigrant detention facilities and the broad text and favorable legislative history of the TVPA. If the plaintiffs win a favorable jury verdict or a far-reaching settlement, the cases may cause fundamental changes to the current system of mass immigration detention.

Part I of this Article examines the rise of for-profit detention in the United States and shows that detaining immigrants is now a central business of forprofit detention corporations. Next, Part II describes the labor policies within ICE detention that plaintiffs in these lawsuits allege amount to forced labor and thus violate the TVPA. Part III turns to the TVPA itself and analyzes its text, legislative history, and applicability to class actions. Part IV argues that its text and legislative history demonstrate that the TVPA covers forced labor claims within for-profit immigrant detention facilities and that such claims, if successful, could transform the business of detaining immigrants. Finally, Part V argues that publicly available information, including that revealed through discovery in these lawsuits, makes it likely that plaintiffs will prevail at trial.

35 Georgetown Immigration Law Journal 573 (2020)

By Carme COLOMINA, Héctor SÁNCHEZ MARGALEF, Richard YOUNGS

Around the world, disinformation is spreading and becoming a more complex phenomenon based on emerging techniques of deception. Disinformation undermines human rights and many elements of good quality democracy; but counter-disinformation measures can also have a prejudicial impact on human rights and democracy. COVID-19 compounds both these dynamics and has unleashed more intense waves of disinformation, allied to human rights and democracy setbacks. Effective responses to disinformation are needed at multiple levels, including formal laws and regulations, corporate measures and civil society action. While the EU has begun to tackle disinformation in its external actions, it has scope to place greater stress on the human rights dimension of this challenge. In doing so, the EU can draw upon best practice examples from around the world that tackle disinformation through a human rights lens. This study proposes steps the EU can take to build counter-disinformation more seamlessly into its global human rights and democracy policies.

Brussels: European Parliament, Policy Department for External Relations Directorate General for External Policies of the Union, 2021. 84p.

By Danielle Blunt and Ariel Wolf

This short article presents in brief the findings of a community-based, sex worker-led survey that asked sex workers about their experiences since the closure of Backpage and adoption of FOSTA. It shows that the financial situation of the vast majority of research participants has deteriorated, as has their ability to access community and screen clients. It concludes that FOSTA is just the latest example of the US government using anti-trafficking policy and restrictions on technology to police already marginalised people.

Anti-Trafficking Review, (14), 117–121. https://doi.org/10.14197/atr.201220148

By Organization for Security and Co-operation in Europe

In the digital age, technology serves as both a powerful tool for empowerment and a potential instrument for criminal activities, particularly in human trafficking. Traffickers exploit technological advancements for purposes such as online recruitment, victim control, and transferring illicit proceeds. However, these same technologies present opportunities for law enforcement and civil society to combat trafficking and protect victims. This report summarizes a set of policy recommendations discussed and made by anti-trafficking stakeholders from OSCE participating States during a series of sub-regional workshops organized in 2023 by the Office of the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.These policy recommendations aim at leveraging technology effectively to counter trafficking.

Vienna: OSCE, 2024. 22p.

By Alexandra Flynn, Estair van Wagner, Heidi Kiiwetinepinesiik Stark

Encampments are a vivid illustration of the failure of governments in Canada to meet their human rights obligations to ensure everyone has access to adequate housing. The 2020-2022 point-in-time count showed a 20% increase in homelessness overall and an 88% increase in unsheltered homelessness from 2018. The right to housing is inherently linked with the fulfillment of other human rights and with basic human dignity. Thus, where the right to housing is violated, other human rights are often violated. Advocacy for the human rights of encampment residents then necessarily implicates a wider set of human rights. Legal advocacy is therefore a necessary part of a broader movement to realize human rights for all people. Canadian jurisprudence has centered on the right to life, liberty and security of the person protected by section 7 of the Charter of Rights and Freedoms, interpreted as freedom from government actions such as encampment removals. However, the rights involved draw from other sources of laws, including Indigenous and international legal frameworks. In this report we focus on the existing case law and legal strategies. Our objective is to identify arguments used to date, as well as opportunities for future legal advocacy on the issue of encampments.

Given the context of colonial dispossession and the vast overrepresentation of Indigenous Peoples in the unhoused population we highlight the relationship between the right to housing and Indigenous rights, both from a colonial Canadian legal perspective and from an Indigenous legal perspective. While we point to opportunities to engage with legal tools within the Canadian colonial legal system where they may be strategic and useful, we acknowledge the limitations of these tools. Therefore, we also highlight opportunities to connect advocacy about encampments with Indigenous legal orders and jurisdiction, including work being done by groups engaged in or considering litigation or advocacy on encampments. While there is limited research on the role of Indigenous law in encampments at present, in our view, this is an urgent area of advocacy to find long-term, sustainable, and human rights-compliant solutions to homelessness.

This report starts from the recognition that encampment residents are rights-bearers and must be centered in discussions on how to move forward. While it does not include testimony from those with lived experience it is informed by the long history of advocacy inside and outside of courtrooms by people unhoused people themselves and in partnership. This is critical in the context of encampments: when unhoused people claim public or private space to meet their basic needs it is essential that we acknowledge and respect their dignity and agency. Encampment residents are experts in their own lives. As we explain, meaningful engagement is the foundation of any human rights-based response. This includes respecting the structures of decision making that emerge in encampments, the trusted advocacy relationships developed with those around them, and principles of fairness that guarantee particular rights.

This report has been drafted to help inform legal practitioners and advocates about the state of jurisprudence in Canada relevant to homeless encampments. It highlights some of the limitations of jurisprudence to date and points to opportunities for future legal advocacy, highlighting the need to integrate Indigenous legal traditions.

Part One provides a background on the meaning of a human rights approach and the regulation of encampments in Canada.

First, we detail the connections between the right to housing and encampments in the Canadian context. We define what we mean by adequate housing, where the progressive realization of the right to housing comes from under Canadian and Indigenous legal frameworks, and provide a three-part framework for considering the right to adequate housing.

Second, we outline the current system of regulation of encampments in Canada. We explore the regulation of encampments based on international and domestic laws, highlighting that jurisdictionally fractured set of rules each seek to govern encampment residents, exacerbating their vulnerability. In this section, we distinguish between constitutional protections, legislation and bylaws that protect encampment residents, and those that seek to displace them.

Part Two sets out advocacy and litigation strategies in relation to encampments.

Third, we outline advocacy efforts in relation to encampments. In this section we explain the many ways in which advocates are seeking change in local policy-making, law reform, and enforcement. These efforts may - but do not always - rely on court decisions, and legal challenges are but one tactic used to advance the interests of encampment residents.

Next, we set out the case law concerning encampments, explaining the different approaches that have been taken since the seminal case, Adams v Victoria, was decided in 2009 setting out the current framework used by the courts. We explain court decisions in relation to injunction applications mainly brought by municipalities, Charter arguments, judicial review applications, shelter standards, public private property distinctions, and challenging enforcement. These cases were all decided between Adams and 2022.

We conclude by summarizing the legal framework related to encampments, with the gaps and opportunities for realizing a right to housing for those experiencing the most profound violation of that right, homelessness.

Ottawa: Office of the Federal Housing Advocate, Canadian Human Rights Commission, 2024. 56p.

By Tina Magazzini, Marina Eleftheriadou, Anna Triandafyllidou

This open access book explains why southern European countries with significant Muslim communities have experienced few religiously inspired violent attacks – or have avoided the kind of securitised response to such attacks seen in many other Western states. The authors provide a unique contribution to the literature on violent extremism – which has traditionally focused on countries such as France, the US and the UK – by studying the causes of relatively low rates of radicalisation in Greece, Italy and Spain. The book explores many of the dynamics between (non) radicalisation and issues such as socioeconomic inequality, experiences of conflict, and systemic racism and other forms of discrimination. It establishes a new analytical framework for the development of, and resilience against, violent radicalisation in the region and beyond.

Cham: Springer Nature, 2024. 133p.

By U.S. Department of Justice,  Office of Justice Programs,  Bureau of Justice Statistics

This report details ongoing and completed efforts to measure and analyze the nationwide incidence of human trafficking, to describe characteristics of human trafficking victims and offenders, and to describe criminal justice responses to human trafficking offenses. The report provides information on human trafficking investigated and prosecuted by U.S. attorneys, human trafficking defendants convicted and sentenced to federal prison, and admissions to state prison for human trafficking.

Highlights

• A total of 1,912 persons were referred to U.S. attorneys for human trafficking offenses in fiscal year 2022, a 26% increase from the 1,519 persons referred in 2012.  

• The number of persons prosecuted for human trafficking more than doubled from 2012 to 2022 (from 805 to 1,656 persons). The number of persons convicted of a human trafficking offense increased from 578 persons in 2012 to 1,118 persons in 2022. 

• Of the 1,070 defendants charged with any of the three types of human trafficking offenses in U.S. district court in fiscal year 2022, 91% were male, 58% were white, 20% were black, 18% were Hispanic, 95% were U.S. citizens, and 71% had no prior convictions. 

• Of the 203 defendants charged with peonage, slavery, forced labor, and sex trafficking, 69% were male and 53% were black. In comparison, of the 523 defendants charged with sexual exploitation and other abuse of children, 94% were male and 71% were white.

Washington, DC: U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics 2024. 7p.   

May Contain Markup

By Sir Reginald Coupland

"The British Anti-Slavery Movement" by Sir Reginald Coupland is a comprehensive historical account detailing the efforts to abolish slavery and the slave trade in the British Empire. The book is structured into several chapters, each focusing on different aspects of the movement, from the African slave system to the abolition of slavery in the British Isles and colonies.It highlights the significant contributions of key figures such as William Wilber force, Granville Sharp, and Thomas Clarkson, who played pivotal roles in advocating for the end of slavery. Coupland also discusses the broader implications of the abolitionist movement, including its impact on British Imperial policy and its moral and humanitarian motivations.

The book delves into the various phases of the anti-slavery movement, including the fight against the foreign slave trade and the suppression of theEast African slave trade. Coupland provides a detailed narrative of the challenges and successes faced by the abolitionists, emphasizing the interplay between economic, political, and moral factors. The introduction to the second edition by J.D. Fage offers additional context, reflecting on Coupland's contributions to the field of imperial history and the ongoing relevance of his work. Overall, the book serves as a crucial resource for understanding the complexities and legacy of the British anti-slavery movement.

Frank Cass & Co LTD London, 1933, 255 pages

By Vinícius Venancio

Inspired by Lélia Gonzalez’s essay “Racism and Sexism in Brazilian Culture”, this working paper turns to another post-colonial nation, Cape Verde, and analyzes two case studies that shed light upon how the intersection between race and gender produces specific forms of violence in the bodies and souls of men and women from continental Africa living in the capital, Praia. The first case examines personal stories of young women who are exploited for their domestic labor; while their relationship with their employer is presented using the discourse of kinship, their situation is more akin to slavery. The second case looks at attacks on and murder of Bissau-Guinean men; the brutality of the violence and the lack of public attention demonstrate how some lives are considered more valuable than others. Both cases illustrate the degree to which race and gender continue to operate as social markers of domination in the lives of immigrant populations who are seen as blacker than the locals in Cape Verde.

Working Papers v. 213 (2024): 1-24.

By Andrea Nichols and  Erin Heil

The current academic discourse examining human trafficking is lacking in focus on survivors with a disability. The increased likelihood of abuse experienced by people with a disability is well documented in the research literature, and a small body of research indicates heightened sex trafficking victimization of minor girls with a disability. Yet, very little research specifically examines sex and/or labor trafficking of people with a disability, and no systematic research analyzes prosecuted cases of trafficking with disability as the focal point of analysis. Drawing from a content analysis of 18 federal and 17 state cases of human trafficking, the current study specifically aimed to increase our understandings of sex and labor trafficking involving survivors with a disability. The findings revealed the following patterns and themes: 1) the type of trafficking experienced (sex, labor, or both), 2) whether state level or federal cases 3) the types of disabilities identified among trafficking survivors, 4) the nature of the relationship between traffickers and survivors, 5) methods of recruitment, 6) case outcomes; and 7) demographic characteristics of traffickers and survivors (e.g., gender/citizenship). Implications include prevention efforts in the form of developmentally grounded sex education and healthy relationships curriculum for survivors with an intellectual disability, as well as specialized anti-trafficking training for those in legal, healthcare, and social services that is inclusive of people with a disability  

Dignity: A Journal of Analysis of Exploitation and Violence: Vol. 7: Iss. 1, Article 1.

By The Florence Immigrant & Refugee Rights Project, September 2024

This report is authored by the Florence Immigrant & Refugee Rights Project (Florence Project) a 501(c)(3) non-profit organization that was founded in 1989 and provides free legal and social services to adults and unaccompanied children facing immigration removal in Arizona. In 2023, the Florence Project served 17,514 unaccompanied immigrant children detained in federal facilities referred to as shelters in Arizona. This report summarizes 314 complaints made by unaccompanied immigrant children ages 5 to 17 in the span of 15 months about conditions they experienced while in U.S. Border Patrol custody, a subagency of U.S. Customs and Border Protection (CBP). Children reported experiencing a broad range of abuse and mistreatment, including verbal and physical abuse, hunger, a lack of hygiene products and lack of access to medical care. The report makes concerning findings, including a continuation of severe verbal and physical abuse of children. Nearly 4 in 10 children in this report experienced verbal abuse and 1 in 10 experienced physical abuse. Children reported they were subjected to vile language, derogatory names, and threatened with deportation or jail. Children also reported being pushed, kicked, and punched, and that some agents brandished weapons to instill fear. U.S. law defines unaccompanied immigrant children as persons under 18 who lack lawful immigration status and who do not have a parent or legal guardian in the U.S. available to provide care and physical custody.ii In our decades of experience, unaccompanied immigrant children leave their homes and travel to the U.S. for a variety of reasons, including to seek protection from gang or government warfare, violence within their own home, extreme poverty, and/or to reunify with family. Unaccompanied children are generally apprehended by CBP near the U.S.-Mexico border. In 2002, Congress charged the U.S. Department of Human Services’ (HHS) Office of Refugee Resettlement (ORR) with the care and custody of unaccompanied immigrant children in order to comply the Flores Settlement Agreement (FSA).iii The FSA requires that unaccompanied children not be placed in adult detention centers and instead must be held in the less restrictive ORR shelters with a prompt process to be placed in the least restrictive setting through reunification with sponsors. In 2008, Congress expanded and codified the rights, including that CBP “shall transfer” an unaccompanied immigrant child to ORR custody “no later than 72 hours” after identifying them.iv Congress understood that CBP, a law enforcement agency, is not equipped to care for children. The Florence Project has long been alarmed by reports of abuse and mistreatment while in Border Patrol custody. We have assisted children in filing hundreds of individual complaints and authored three prior extensive reports in 2009, 2014, and 2022. vi Despite hundreds of complaints about this abuse, the agencies charged with  oversight of CBP have failed to make meaningful change and to stop the ongoing abuse.

Tucson, AZ:  Florence Immigrant & Refugee Rights Project.,  2024. 13p. 

By Rebecca Nhep and Kate van Doore

Orphanage trafficking is a type of child trafficking that involves the recruitment and/ or transfer of children to residential care institutions, for a purpose of exploitation and/ or profit. It typically takes place in developing countries where child protection services systems are highly privatised, under-regulated, and primarily funded by overseas sources. In such circumstances, residential care is used prolifically and inappropriately as a response to child vulnerability, including lack of access to education.

THE RISE AND FALL OF FRAUDULENT INTERCOUNTRY ADOPTIONS

The trafficking of children into orphanages in Cambodia was originally associated with fraudulent intercountry adoptions in the late 1990s. Orphanages were a transit destination where trafficked infants would be transferred, harboured and represented as orphans eligible for intercountry adoption. Each child would attract fees of up to USD $20,000 paid by adoptive parents. A number of stakeholders profit from this practice, including adoption agencies, brokers, buyers, child recruiters, officials involved in issuing fraudulent documentation and the directors of the institutions where children were harboured. Evidence of the widespread practice of trafficking of Cambodian children for intercountry adoption came to light in 2001. The industry was largely shut down as countries, most notably the US, closed their borders to adoptions from Cambodia. The primary US adoption agency and adoption broker at the centre of the largest racket were prosecuted in the US under visa fraud and money laundering charges. In Cambodia, human trafficking charges were brought against three orphanage staff involved in the trafficking; however, none progressed to prosecution, with charges in all three cases ‘quietly dropped’.

Since then, the Law on Intercountry Adoption and supporting regulations have been introduced in Cambodia to meet its obligations under the Hague Convention aimed at eradicating fraudulent international adoptions. Specific offences were also included in the 2008 Criminal Code to enable the prosecution of prohibited conduct with respect to the facilitation of adoption. Adoption was also included as a specific purpose for trafficking offences in the Law on Suppression of Human Trafficking and Sexual Exploitation 2008 (TSE Law). Intercountry adoption from Cambodia remains largely closed whilst critical child protection and care system reforms are implemented. Such reforms are necessary to ensure intercountry adoption is used as an option of last resort for children for whom all domestic possibilities have been genuinely explored and exhausted.

Brisbane: Law Futures Centre, Griffith University , 2021. 67p.

By Anouar Boukhars

Terrorism, weapons smuggling, drug and human trafficking, and migration flows are driving many North African countries to bolster their border defenses. Current tactics include building miles of trenches, barriers, and fences, as well as employing sophisticated drones and surveillance technology. But will they be effective and at what cost? A close study to answer this question is worthwhile, given the number of countries worldwide either contemplating or adopting such measures.

In the Maghreb region, the efforts of Algeria and Morocco—two antagonistic countries that have gone the furthest to seal themselves off from each other—are falling short. They have had some success in stemming illicit cross-border trade, but smugglers have merely learned to adapt, changing what and how they smuggle and exploiting persistent corruption. Moreover, the security fortifications have worsened the economies of already struggling border regions, fueling protests and leading young smugglers to dabble in drug trafficking. Unless both governments take a more coordinated socioeconomic approach to border security, the isolated communities that populate these neglected peripheries will remain a potential incubator for instability.

Washington, DC: Carnegie Endowment for International Peace, 2019. 13p.

By Elizabeth Such and Habiba Aminu

This report, titled “The prevention of Adult Exploitation and Trafficking: A Synthesis of Research Commissioned by the Modern Slavery and Human Rights Policy and Evidence Centre (PEC)”, offers a comprehensive synthesis of studies commissioned by the Centre on adult exploitation and trafficking, identifying the profile of prevention in its research, the characteristics of studies, the themes of prevention-relevant research and the gaps in the evidence base.

The synthesis draws on research conducted between 2020 and 2024, organised into a public health model with prevention strategies at multiple stages: primary (before harm occurs), secondary (early intervention), and tertiary (after harm occurs) and preventing re-trafficking). This framework, known as the BETR continuum, serves as a guiding structure for categorising research findings and gaps across various studies in the PEC portfolio. The report emphasises the need for a multi-agency, system-level approach and highlights areas where prevention is under-researched, notably in primary and secondary prevention and systemic responses to prevent re-trafficking.

Nottingham, UK: Modern Slavery and Human Rights Policy and Evidence Centre, 2024. 32p.