December 3, 2012
By Susan C. Méndez
There seems to be no end to the potential human collateral that can be caused by the United States Congress’s inaction. Along with the delay in renewing the Violence Against Women Act, recent news coverage has focused on another delay in reauthorizing the Victims of Trafficking and Violence Protection Act of 2000 (TVPA). The United Nations Office on Drugs and Crime defines human trafficking as “an act of recruiting, transporting, transferring, harboring or receiving a person through a use of force, coercion or other means, for the purpose of exploiting them.” According to a news article by Mounira Al Hmoud in the Times Argus online, more than 2,500 alleged incidents of human trafficking were filed between January 1, 2008 and June 30, 2010 in the United States. About 82% of these reported incidents involved sex trafficking: more than 1,200 incidents involved adult sex trafficking and 1,000 incidents involved child sexual exploitation. And these are just the reported cases for this time period. Notably, human traffickers largely target women and children of color. As such, those who have rose up to speak on this issue are tied closely to this community. Recently Jada Pinkett Smith and her daughter Willow Smith made the news with their appearances in Washington, D.C. to talk to government officials about this issue. Reportedly, more than 2,500 alleged incidents of human trafficking were filed between January 1, 2008 and June 30, 2010 in the United States. About 82% of these reported incidents involved sex trafficking: more than 1,200 incidents involved adult sex trafficking and 1,000 incidents involved child sexual exploitation. And these are just the reported cases for this time period. Pinkett Smith founded an anti-trafficking group named “Don’t Sell Bodies” and sang a song in Spanish entitled “Nada,” whose video highlights the story of a young woman being trafficked by a love-interest and is directed by Salma Hayek. It is no coincidence that these key actions which stress the issue of human trafficking have come from members of the larger women of color community; such actions and participants are good indicators as to who should be paying attention to human trafficking. Pinkett Smith and her daughter’s most recent actions include participating in the Senate Caucus to End Human Trafficking. Their advocacy on this issue has brought much needed attention back to the fate of the Victims of Trafficking and Violence Protection Act of 2000 (TVPA).
This act, also known as the largest piece of human rights legislation in the United States, was the first federal law to address comprehensively trafficking as a crime on both the international and domestic fronts. According to Polaris Project (a non-profit, non-governmental organization that fights modern day slavery and human trafficking), the TVPA is composed of three aspects: “prevention through public awareness programs overseas and a State-department led monitoring and sanctions program; protection through new T-visa and services for foreign national victims; and prosecution through new federal crimes.” This legislation was significant because it created an Office to Monitor and Combat Trafficking, whose task it is to rank other countries based on their efforts to halt human trafficking (and the President of the United States may choose to impose sanctions on countries that do not meet the minimum standards to end trafficking); established the temporary legal status of “continued presence” and the new T visa which allows survivors of human trafficking to stay in the United States temporarily and to apply for permanent residency after 3 years; and made trafficking a federal crime along with the new crime of forced labor (individual and corporate employers are the ones liable to be charged with these crimes). The TVPA of 2000 (P.L. 106-386) was an astounding act of humanity and compassion; it was reauthorized in 2003 (H.R. 2620), in 2005 (H.R. 972), and in 2008 (H.R. 7311) easily. Its renewal is purposefully scheduled every two to three years in order to address that fact that traffickers change their modes of operation periodically. Each time this act was reauthorized, improvements were made that enhanced the original bill’s approach to end human trafficking.
Although various academics, journalists and activists may have differing perspectives on the impact of human trafficking and the methods and language used to convey assistance to those who are trafficked, the impetus behind this act appears to be extending offers of help to those who find themselves to be survivors of exploitative practices. Consequently, the need for this act still is apparent and the Trafficking Victims Protection Reauthorization Act of 2011 (S.1301) began its renewal process on June 29, 2011 when the act was introduced and referred to its committee led by Senator Patrick Leahy (D-VT). Initially, this Reauthorization Act had 42 Senatorial co-sponsors (it now has 52). According to Leahy aides, when this committee turned to the House of Representatives, there was a need to strike a deal and that need has delayed renewal. The Act expired on September 30, 2011. Mounira Al Hmoud reported for the Times Argus online that for the past fifteen months, the Trafficking Victims Protection Reauthorization Act of 2011 has been referred to five different committees of the House, has undergone significant revision, and has Rep. Christopher Smith (R-NJ) as its sponsor. An editorial piece in The New York Times, dated March 21, 2012, explains how these revisions have not always been beneficial. For example, one revised aspect is the moving of financing for survivors’ services from the Department of Health and Human Services to the Department of Justice. This shifting makes little sense as the Department of Justice, in comparison to the Department of Health and Human Services, is not equipped to deal with the multi-faceted experiences and needs of survivors. Besides ill-conceived revisions, another detrimental aspect to the stalling of passing this reauthorization act is the inaccurate application of language used to discuss human trafficking to prosecute undocumented immigrants in states such as Arizona where anti-immigrant fervor is strong.
So what does this act look like now? Where does it stand and what does it have to do with the Senate Caucus to End Human Trafficking? The aforementioned editorial in The New York Times also details how in October 2011, a Senate bill to renew this act through 2015 cleared the Judiciary Committee, yet has not come to a floor vote. The bill for this act’s renewal cuts appropriations to 130 million but increases “victim” assistance to $25.5 million. It also has strengthened enforcement measures. The Senate Caucus to End Human Trafficking is co-chaired by Senators Richard Blumenthal (D-CT) and Robert Portman (R-OH). They aim to engage caucus members in agreeing upon common goals and creating policies to achieve these goals in the quest to end human trafficking. There are 13 Senators on this caucus, and it is fitting that Blumenthal and Portman are co-chairs because in June 2012, they sponsored the End Trafficking in Government Contracting bill. (In this bill, these two Senators hoped to change pending defense fund legislation in order to stop funds for government contractors who employed trafficked laborers.) It is suspected the work and attention that this caucus will garner can only bring the Trafficking Victims Protection Reauthorization Act of 2011 back to both public and governmental discussion. The caucus has already begun productive conversation as Jada Pinkett Smith has expressed her hope that the caucus will establish an advisory council of survivors that can help the government comprehend the various complexities of human trafficking. It appears good results can come out of this caucus.
Recent news reports have restated the need for this act, along with the Violence Against Women Reauthorization Act, to pass Congress before the end of this year. However, with much needed attention and work focused on the “fiscal cliff,” the renewal of these crucial acts seems doubtful and such a delay would be disastrous for those seeking assistance. The same editorial in The New York Times describes recent successful efforts made to reach out to survivors of human trafficking. These efforts include: “a new trafficking hot line, financed through a grant by health and human services, for instance, [which] has taken more than 49,000 calls, connected 5,770 potential victims with services and provided more than 2,155 law-enforcement tips.” Such services are not plentiful and whatever resources exist to help people who find themselves to be survivors of exploitative practices like human trafficking should be maintained if not expanded.
References
Blumenthal, Richard. “Senate Caucus to End Human Trafficking.” n.p. n.d. Web. 16 November 2012.
Hmoud. Mounira Al. “Leahy Seeks Action on Two Upcoming Bills.” Times Argus. Times Argus, 12 November 2012. Web. 12 November 2012.
Polaris Project. Trafficking Victims’ Protection Act (TVPA)-Fact Sheet. Washington: Polaris Project, 2008. PDF file.
“The Fight Against Modern Day Slavery.” Editorial. The New York Times 21 March 2012: A30. Print.
“Trafficking Victims Protection Reauthorization Act of 2011.” Govtrack.us. Civic Impulse, LLC, n.d. Web. 16 November 2012.
Susan C. Méndez is an Assistant Professor in the Department of English & Theatre and the Department of Latin American & Women’s Studies at the University of Scranton. She teaches courses on Multi-Ethnic American Literature and Women’s Studies. Primarily, she conducts research on novels written by Latino/a authors.
Comment(s):
Thank you for your post, Prof. Méndez. I voted in California last month, and Prop. 35 had to do with human trafficking and penalties. Like most voters uninformed on this measure, I unquestioningly voted YES for increased penalties on those convicted of human trafficking crimes. I soon learned from my progressive colleagues that I should have voted NO. Do you know about this measure and how it affects people of color?






I had the pleasure of seeing Ana Teresa Fernandez’s work when she came to Cornell University and presented “Blurring Borders: Redefining Truths, Fables, and Folklores”. I was familiar with a few of her works before the presentation, but the highlight of the presentation for me was hearing about how Ana utilized local materials (garbage in Haiti, glass in Mexico) within her art and performance. The lack of accessible “traditional” art materials (paint, paper, brushes, etc.) was incredibly striking when we see the incredible work Ana has done in engaging local materials within a community consciousness in Haiti. Her representation of the children of Mexico orphaned by the Femicides in Ciudad Juarez was a striking portrayal of the multi-generational impact of violence and the inability to protect children from this trauma.
In her performance of “Borranda la barda”, Ana addressed the binaries of female identity (perceived and performed) along a heavy politicalized border state. Her performance of both female identity and nationalism was particularly striking in the U.S./Mexico borderlands, specifically when looking at the Femicides of Ciudad Juarez.
I look forward to researching Ana’s work in the future and am extremely thankful I was given the opportunity to hear her present her work at Cornell University.
-Sarah Anderson
What a courageous artistic intervention into difficult subjects. Thank you Ella, for providing the context of these creations. It makes me appreciate her sensibility to address literal dismemberment, carnage if you will, without producing more injury.
Dear Ella, Thanks for sharing the pictures and discussion of Ana Teresa Fernandez’s work. The casts of children covered in broken glass are quite moving, and ask us to reflect on violence against children on many levels in new global economies. How wonderful for your students as well that they heard her and had the opportunity to learn about violence at the U.S.-Mexico border through an artist’s engagement with the topic that foregrounds critical discussion. Theresa Delgadillo, Co-Moderator of Mujeres Talk
“without producing more injury.” What a beautiful response, Ester, to Ana’s work in the Ecdysis show on the murdered women of Juarez.
I also had the opportunity to attend her lecture and the lunch with her.
The choice to bring ATF to Cornell, especially given the timing with our class was great. It allowed us to be exposed to a new kind of artist, one that is raising awareness about most of the issues discussed in class.
She is resourceful and works with her environment, this is very important because it teaches people, specially the natives of the area, that they can use anything to beautify and create art. This was evident in her work in Haiti and in South Africa. In the latter country, she was able to show that artists have the duty to report the beauties of everyday life instead of reporting/focusing on the negative like the news do.
Overall, it was a great experience being able to meet her and understand the thought process and goals of her art.
-Gloria Guerra
I also had the opportunity to attend her lecture and the lunch with her.
The choice to bring ATF to Cornell, especially given the timing with our class was great. It allowed us to be exposed to a new kind of artist, one that is raising awareness about most of the issues discussed in class.
She is resourceful and works with her environment, this is very important because it teaches people, specially the natives of the area, that they can use anything to beautify and create art. This was evident in her work in Haiti and in South Africa. In the latter country, she was able to show that artists have the duty to report the beauties of everyday life instead of reporting/focusing on the negative like the news do.
Overall, it was a great experience being able to meet her and understand the thought process and goals of her art.
-Gloria Guerra
Though I know this blog talks about Ana Teresa Fernadez’s work, I really enjoyed the altar of photographs that Maria Teresa Fernandez, who happens to be Ana Teresa’s mother, created and left on display for at the Latino Studies Program here at Cornell University until late November. It was a way of humanizing the border when so many times it is militarized especially by the responses the United States has taken in the past years (because the U.S. must “secure” the border). I was able to actually take an instructor and another peer of mine who would have never stumbled upon this type of work and show them the exhibit. This was a way for me to raise consciousness in others (esp. since that one peer came from a privileged background).
Moving back to the work that Ana Teresa Fernandez did on the border really struck me. She stated in her lecture that her work was about “transcending the given, by changing the context” and she gave them example of the broom and how it wasn’t dirty on the floor but was dirty when left on a pillow. She does the same with her little black dress and she places it out of context and calls attention to what she is doing but more importantly to the border and how she is erasing it as she paints it blue.
I could continue to go on but all I can say is that I was taken aback by both Ana Teresa and Maria Teresa’s ingenuity and how they use art to speak and give voice to those who are voiceless in our world.
Attending Ana Teresa Fernandez’s lecture at Cornell University was a great experience . There were two exhibits that struck me the most. The first one was NanMitaNan: Haiti. I thought it was amazing that Ana Teresa was able to make sculptures out of plastic bottles she found. More importantly, the clear plastic material against the backdrop of oil lamps not only showed Ana’s ability to use the resources around her, it reflected the ghost of the beautiful architectural structures in Haiti, the lack of resources and the invisibility of Haitian people to the rest of the world. I believe that Haiti is stuck “nan mitana” or in the middle between their historic accomplishments of gaining independence in 1804 and the potential of what nation could be. Her Ecdisis:Juarez, Mexico exhibit was also very memorable . The glass figures of the children were beautiful but it made me realize the generational effects that femicides have on these children. The children are fragile but defensive just like the jagged pieces of glass that make up the sculptures. To have their mothers taken way from them without justice being served is devastating. Thus, the femicides in Juarez has serious implications for the future of Juarez.
I thought Ana Teresa’s work was fantastic. I hope she continues to do more work involving different human rights issues around the world.