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The Honolulu Advertiser
Posted on: Monday, March 13, 2006

COMMENTARY
Forced labor or sexual exploitation must be addressed

By Rep. Marilyn Lee

Most of what we read and hear about the horrors of human trafficking takes place in other countries, but did you know that the United States and, yes, even Hawai'i are major "destinations" for traffickers?

The crime involves forced labor or forced sexual exploitation and is being addressed in several of our states.

House Bill 2051, HD1, a bill to protect victims of human trafficking, is advancing through the Legislature. Our state already has laws against prostitution and other crimes, so why do we need an anti-trafficking law?

According to the National Institute on State Policy on Trafficking of Women and Girls, "Until states enact comprehensive anti-trafficking laws, prosecutors use existing criminal statutes to prosecute traffickers for such crimes as: false imprisonment, kidnapping, rape and aggravated assault.

"But these laws are insufficient — and they do not criminalize all manifestations of exploitative trafficking into the United States and don't offer protection from prosecution for all trafficked women, girls and persons."

In Hawai'i, law enforcement officials state that this global tragedy is finding its way to the Islands. Its victims are among the most vulnerable in our society — poor women and children — who are involved in complex schemes that cross national, state and local boundaries. Enslaved, they are often subjected to prosecution for offenses they were forced to commit, they are stranded and unwelcome in countries that are foreign to them, and they are far from friends and families who might be able to help them.

Another aspect of trafficking is the regulation of "international marriage brokers" who operate to bring mail-order brides to our state. In 2003, our state became the second in the nation to pass such a law.

Additionally, in 2004, Hawai'i became the first state in the nation to regulate travel services that operate in the state to facilitate sex tourism.

Basic to the creation of a comprehensive trafficking law is the formation of a task force that would ascertain the nature and extent of trafficking in our state.

Criminalizing human trafficking should bring state law into accord with the federal Trafficking Victims Protection Act of 2000, reauthorized in 2003, and would enable local and state law enforcement to investigate and prosecute those crimes, working in partnership with federal law enforcement.

The provision of social services and victim assistance to trafficked people is an important aspect of any trafficking legislation. The task force that is part of this bill would be charged with looking into this important part of the puzzle.

While it's not perfect legislation at this point, the passage of this bill out of the Judiciary Committee was a major milestone.

It is hoped that the many important people in our community, including police, prosecutors, immigrant services, public defender, domestic violence coalitions and victim advocates, will work together to determine the nature and extent of trafficking in our community and make recommendations for legislative, policy and programmatic initiatives.

The problem of trafficking is sure to grow as globalism increases — states may play a major role in protection of international human rights.

However our state chooses to go, it is time Hawai'i recognize the serious nature of human trafficking through state legislation, making it possible for victims to attain services and to remain in the country.

We, as a caring society, are obligated to respond to this most appalling violation of the basic human rights of women and girls, men and boys.

Marilyn Lee represents Dist. 38 (Mililani, Mililani Mauka) in the state House of Representatives.