Tuesday, November 27, 2012
Abstract: Although human trafficking has gained unprecedented national and international attention and condemnation over the past decade, the legal instruments developed to combat this phenomenon have thus far proved insufficient. In particular, current efforts help an alarmingly small number of individuals out of the multitudes currently understood as falling under the category of trafficked persons, and even in these few cases, the assistance provided is of questionable value. This Article thus calls for a paradigm shift in anti-trafficking policy: a move away from the currently predominant human rights approach to trafficking and the adoption of a labor approach that targets the structure of labor markets prone to severely exploitative labor practices. This labor paradigm, the Article contends, offers more effective strategies for combating trafficking. After establishing the case for the labor paradigm, the Article suggests how it can be incorporated into existing anti-trafficking regimes. The Article proposes five measures for implementing anti-trafficking policies grounded on the labor approach: prevent the criminalization and deportation of workers who report exploitation; eliminate binding arrangements; reduce recruitment fees and the power of middlemen; guarantee the right to unionize; and extend and enforce the application of labor and employment laws to vulnerable workers. Finally, the Article analyzes why this paradigm has yet to be adopted and responds to some of the main objections to a paradigm shift.