By Corey Sampson, Fort Hays State University
download this essay (pdf): Is the Republican Party.pdf
This paper examines the issue of human trafficking or modern day slavery in the United States and the role the Republican Party is playing to eradicate it. After defining human trafficking and looking at the historical role of the Republican Party as the Antislavery Party the paper will examine the three supply side causes of human trafficking in this country. The three supply side causes are immigration, labor rights, and the unequal status of women. These three issues were chosen based on a report by the U.N. After examining these three causes, this paper will look at the Republican Party Platform and policies to determine if they continue to stand for the values of the Antislavery Party.
Slavery Still Exists.
The grassroots campaign by The Polaris Project, has a goal to raise public awareness about the realities of modern day slavery or human trafficking that continues exist in this world.[1] The fact that this campaign is needed speaks to the problem of modern day slavery in society today. While legal slavery was prohibited in this country in 1865,[2] the existence of slavery has not ceased. Similar to the end of legal slavery in the United States, there needs to be a political response to end illegal slavery in this country. Since the Republican Party was instrumental in the process of making slavery illegal, the assumption would be that they are leading the current fight to eradicate slavery in this country today. This proves not to be the case. Despite the Republican Party’s historical origins, they can no longer be considered the Antislavery Party. This paper will examine what human trafficking is and will briefly examine the historical origins of the Republican Party as the Antislavery Party. The paper will examine three major supply side causes of human trafficking, including immigration, labor rights, and the unequal status of women, as well as how Republican Party platforms and policies are ineffective in their effort to end slavery in the United States.
What is Human Trafficking?
According to the Trafficking Victims Protection Act of 2000, human trafficking is:
1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion or in which the person induced to perform such an act is under 18, or
2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjecting that person to involuntary servitude, peonage, debt bondage, or slavery.[3]
This law defines human trafficking for purposes of prosecution of the crime. It is important to note within this definition that it is not just the process of moving a person that makes it trafficking, but any action that can be defined as recruitment, harboring, transporting, obtaining etc., of a person against their will for the purpose of labor or services. With the problem defined, the next exploration needs to be the scope of this pernicious issue. According to reports by the U.S. State Department on the website Trafficking 101 on the page Human Trafficking in the U.S., “between 14,500 and 17,500 foreign nationals are trafficked annually into the U.S. and the National Runaway Switchboard assesses that thousands of American children are lured into trafficking situations every year.” Given the scope of this human rights problem, a response is needed. The government, as in 1865, is best positioned to rectify it. Why would the Republican Party be best equipped to answer this question? The answer to that is history.
The Republican Party and Abolition
A political organization calling itself “Republican” first emerged in 1854. The catalyst of this new political party was the Kansas-Nebraska Act, which gave slaveholders the right to take their property- meaning slaves- into the newly formed territories in the west. At this time, the Whig Party and Free Soil Party, which were already struggling as a national political party of relevance, began to diminish with the Republican Party taking its place.[4]
Many Northern Democrats, frustrated with the southern slave owners’ power over the Democratic Party were looking to leave the Democrats, but worried about the viability of the Republicans. With the Dred Scott Case of 1857, many of these northern Democrats could no longer stay with their party and it was their switch to the Republicans that now made that party viable. In the Dred Scott case, Chief Justice Roger B. Taney, who was appointed by a Democrat, ruled that slaves were property and could be transported to free states and territories without fear of the loss of that property.[5]
With these two historical incidences, the Republican Party becomes not only a major political Party in the North by 1860, but also a political party that was devoted to “Free Soil, Free Labor, and Free Men”.[6] While some Republicans were motivated by the abolition of slavery on moral grounds, many more were against slavery because they wanted to compete in a business world without slaves.[7] As Carl Shurz, a leading Republican at the time, states in a speech given when confirming the nomination of Abraham Lincoln, “The Republicans stand before this country, not only as an antislavery party, but empathetically as the party of a free labor.”[8]
During the subsequent Civil War, the Republican Party became even more entrenched with the abolitionist movement with Lincoln’s Emancipation Proclamation issued on January 1, 1863. This proclamation, contrary to popular opinion, did not free any slaves in the northern U.S. or border states, and only affected those slaves living in the rebel territories of the South. However, it did allow the U.S. army to liberate slaves in the South as the Confederate Armies collapsed.[9]
It wouldn’t be until the Civil War was over and the 13th Amendment was passed and ratified – under guidance of the Republican Party – that slavery was made illegal in the United States: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”[10]
With the outcome of the Civil War, the 13th Amendment to the Constitution and subsequent reconstruction laws and Constitutional Amendments, the Republican Party was cemented as the Antislavery Party.
Given the current problem of human trafficking in this country and the historical origins of the Republican Party, the question becomes, is the Republican Party still the antislavery party? To answer this question, there has to be an examination of Republican Party Platforms in light of three major supply causes of Human Trafficking in the U.S. No examination will be made here of the causes in other countries that impact the supply of trafficking victims to the United States, but specifically the U.S. policies that impact the supply of trafficked labor in this country. It is also recognized that the Republican Party makes policy decisions based on many variables that extend beyond the scope of human trafficking.
The three supply-side causes that will be examined are immigration, labor rights and the unequal status of women. These supply side causes were chosen based on a UNICEF report written by Barbara Limanowska and entitled “Trafficking in Human Beings in South Eastern Europe-2004: Focus on Prevention.” The report claims that the factors that fuel the demand for trafficking include the relationship between migration policies and the demand for cheap unprotected labor and services. In addition, she expresses the need to have trafficking understood in the broader context of gender equality.[11] It is this lens that is used to examine the Republican Party. [Editor's note: click on the title to download.]
IMMIGRATION
Immigration is directly tied to the supply of modern day slaves, specifically, policies in favor of increasing border security. According to Raimo Vayrynen, “The more closed are the borders and the more attractive are the target countries, the greater is the share of human trafficking in illegal migration.” [12] The example on the U.S. and Mexico border shows that as the smugglers become more effective, the U.S. border patrol clamps down. As they clamp down, the smugglers become even more effective at evasion.[13]
What this relationship of increased security including border agents, fences, cameras etc. does is create a more difficult journey for the immigrant as he or she crosses the border. To get across the border now, immigrants need to hire someone, a smuggler/coyote, to help them get across. This means a fee is paid for services and with the increased difficulty of crossing combined with the monopoly on the market for those services, the cost is increasing.[14] These increased fees, for the most part, relate to merely smuggling, but the jump to enslavement or debt bondage, can quickly arise from the fees that are assessed for the crossing.
An article by John Bowe in The New Yorker describes an experience of three young Mexicans who were smuggled into the U.S. and then introduced to a work contractor. Each brother was supposed to pay $1,000 dollars to the smugglers for introducing them to the contractors. When they couldn’t pay, they were told that they could work it off and pay them back. The next day the three brothers were working in a tomato field under constant surveillance, working 8-12 hours a day under constant threat for very little money. It wasn’t until they were rescued 6-7 weeks later, by a non-government organization, that they were removed from the situation.[15]
What started as smuggling and illegal migration can quickly turn to debt bondage. According to Vayrynen, “The financial arrangements are so onerous that the slave has little chance to be released unless he or she becomes physically useless for the slaveholder. Often the debt burden accumulates over time despite all the free work the slave performs for his holder.”[16]
The United States’ stringent immigration policy also creates another opportunity for human trafficking. One path to legal migration is to obtain work visas through an employer in the receiving country. The traffickers recognize that many immigrants are not willing to pay high costs for smugglers, and are unwilling to make dangerous crosses across the desert. What this creates however, is a situation that traffickers can use to their advantage. Human traffickers will offer a job in the U.S. to the victim, but the job offered bears little resemblance to the job that is waiting for them when they arrive. The following is from a personal testimony of a survivor of human trafficking from the Polaris Project website:
Sometime in 1997, a woman named Maria Elena approached me and told me about opportunities for work in the United States. She told me she had worked there at a restaurant and had made good money. When I told my mother about the offer, she was skeptical. Since I was interested in helping my family out, I decided to learn more about this opportunity. Maria Elena set up a meeting with two men named Abel Cadena-Sosa and Patricio Sosa. At the meeting, the men confirmed that they had job openings for women like myself in American restaurants. They told me that they would take care of my immigration papers, and that I would be free to change jobs if I did not like working at the restaurants.[17] What was waiting for Inez was a life of prostitution from which she could not escape.[18]
What these examples crystallize is that a situation exists where restrictive immigration policies in the receiving state have a direct correlation with human trafficking, or as Raimo Vayrynan states “receiving states are creating by their policies a lucrative market for the traffickers.”[19] If we recognize that restrictive immigration policies have a negative impact on human trafficking then we can use this as a benchmark to judge a truly antislavery party. If the Republican Party is still the antislavery party, then we can expect to see a less stringent immigration policy in their platform.
In fact, the Republican Party supports the exact opposite stance and backs some of the exact things that Raimo Vayrynan claims will exacerbate the problem. According to the Platform Committee of the Republican National Committee, ensuring the integrity of our borders is vital to ensuring the safety of our citizens.
We must know the identity of all visitors who enter the United States, and we must know when they leave. The US-VISIT system, which uses biometric data to better track the entry and exit of foreign travelers, has been implemented at more than 115 airports and is presently being implemented at land border crossings. Reconnaissance cameras, border patrol agents, and unmanned aerial flights have all been increased at our borders. We must strengthen our Border Patrol to stop illegal crossings, and we will equip the Border Patrol with the tools, technologies, structures, and sufficient force necessary to secure the border.[20]
It is not just Vayrynan who makes the connection between immigration policies described by csuccessive Republican Party Platforms and increased human trafficking. Ann D. Jordan, states, “Countries of destination grant visas for highly-skilled workers but not for unskilled workers despite the existence of millions of low-skilled jobs. The gap between strict immigration policies and the need for migrant labour provides a perfect environment for trafficking.”[21] In light of this information, it is clear that the immigration policies put forward by the Republican Party are not helping to end slavery in this country.
LABOR RIGHTS
Labor rights and the role they play in human trafficking can develop out of the immigration issue as well as existing as a situation on its own. When examining how labor rights increase the supply of human trafficking it can be examined in two ways. The first way, is examining how the lack of labor rights creates low paying jobs and how this creates a situation that is ripe for trafficking. The other way is to look at how the lack of labor rights in this country creates a blurred line between a situation that is a labor rights violation and human trafficking. The first explanation of how the lack of labor rights can effect human trafficking comes from Noeleen Heyzer who describes the situation facing all workers in industrialized countries,
As industries continually seek to cut costs, some have relocated to low wage economies while those that cannot relocate, remain ‘flexible’ through worker layoffs and increased use of casual and part-time work as well as subcontracting, thereby reducing the power of trade unions to protect jobs, wages and basic rights. The dominant market ideology has also led to a weakening of regulatory and monitoring mechanisms to protect working conditions, minimum labour standards or basic human rights. At the same time, the new jobs that are created tend to be such that citizens of industrialized economies are unwilling to accept them, even in the face of long-term unemployment.[22]
The United States market ideology creates a need for workers from other countries to do these jobs. This creates a situation perfect for human trafficking because of an increase in the number of jobs that need to be filled. Additionally, the people most likely to fill these jobs are woefully lacking in knowledge of English and American law as it applies to labor terms and conditions. Finally, because many times the labor force being described is undocumented, companies do not feel that they need to pay a minimum wage or guarantee legal working conditions.[23]
It is important to note that the exploitation of labor into human trafficking doesn’t always target immigrants, but tends to target people who are often at-risk. According to David W. Haines, some 60 deaf people were kept enslaved in Queens, New York. The victims, were put on the streets each day to sell key chains and other small goods. The ring leaders admitted to using stun guns on their victims and even handcuffing one to the bed to prevent escape.[24] In this situation, the same conditions of exploitation that Heyzer describes for immigrants existed with these deaf victims.
The line between labor rights violations and human trafficking can become blurred and labor rights violations can quickly lead to human trafficking situations. Lance Compa, cites a recent example. Workers that cleaned Wal-Mart stores filed a class action lawsuit for allegedly not complying with a minimum wage, overtime, and health and safety laws. There was also an amended complaint that claimed the company would lock the doors to prevent the workers from leaving the store.[25] All of these actions have to be weighed against the legal definition of human trafficking. While this case is being prosecuted as human trafficking, it is evident how similar cases can develop into modern day slavery.
In examining subsequent Republican Party Platforms on labor rights it is important to look at the consequences of their policies on labor and how those policies relate to the supply of human trafficking. The first policy to examine is what Noeleen Heyzer called “The dominant market ideology.” Heyzer claims that it is this ideology that creates a situation perfect for trafficking because it leads to a “weakening of regulatory and monitoring mechanisms to protect working conditions, minimum labour standards or basic human rights.”[26] This dominant market ideology is a market economy with little regulation and a promotion of free trade. Therefore, it is important to examine what the Republican Party says about free trade and deregulation/open markets. According to the Platform Committee of the Republican National Committee, “Under Republican leadership, the United States has fostered an environment of economic openness to capitalize on our country’s greatest asset in the information age: a vital, innovative society that welcomes creative ideas and adapts to them. American companies continue to show the world innovative ways to improve productivity and redraw traditional business models.”[27]
The Republican Party is proud to promote that it stands for open markets, open societies, free trade and the private sector.[28]
These goals of economic openness, open markets, and free trade are the policies that Heyzer was discussing. The Platform Committee does go on to say, “all American workers deserve workplaces that are safe, healthy, and fair.”[29] However, especially for undocumented immigrants, companies do not always feel that they need to follow labor laws (Heyzer 2004).[30] Saying that you have a commitment to human rights and ensuring that those rights are guaranteed are very different matters. While recognizing that this is an examination only on party platforms, the details of which are not in-depth, there is an absence of examples of actions taken by the party to ensure labor rights. Many other places in the platform, when a platform goal has a correlating policy or effective law, it is stated. In the example of workers rights, no law is cited.
Given the commitment to policies of free trade and deregulation of markets by the Republican Party, it has to be concluded that the consequences of these policies in addition to their absence of policies, specifically on labor rights, does not create an environment that provides protections for workers and therefore does not decrease the supply of human-trafficked labor in the U.S. Once again, the party policies are not proving that the Republican Party continues to live up to their historical role as the Antislavery party.
UNEQUAL STATUS OF WOMEN
When examining human trafficking, it cannot be overlooked that the majority of people who are trafficked are females. According to Ann D. Jordan, “experts agree that a disproportionate number of trafficked persons are women and girls.” This proves, as Jordan states, “women’s unequal status in societies worldwide means that the burden of poverty and the direct and indirect consequences of violence impact disproportionately on women,” creating an atmosphere in which women are most vulnerable to being trafficked.[31]
To prove the existence of this atmosphere of vulnerability in the United States, we can examine the existence of female American citizens being trafficked, as well as the treatment of these trafficked women when they come into contact with social services. It would be possible to look at many social areas where women might have an unequal status in this country i.e. schooling, marital rights, etc. However, this paper assesses the unequal status of women specifically in the human-trafficking world. Because of the predominance of the sex industry in human trafficking cases, we will examine the unequal status of women in this context. According to Donna M. Hughes, “although there are a number of ways that women are trafficked, their ultimate circumstance is entrapment in prostitution.”[32] According to the Polaris Project,
One of the largest forms of domestic sex trafficking in the U.S. involves traffickers who coerce women and children to enter the commercial sex industry through the use of a variety of recruitment and control mechanisms in strip clubs, street-based prostitution, escort services, and brothels. Domestic sex traffickers, commonly referred to as pimps, particularly target vulnerable youth, such as runaway and homeless youth, and reinforce the reality that the average age of entry into prostitution is 12-13 years old in the U.S.[33]
Often the situation that surrounds foreign national sex trafficking victims and their experience of recruitment into the sex industry mirrors that of domestic human trafficking into the same industry. Traffickers look for those who are in high-risk situations and desperate for a helping hand or what Ann Jordan called an “environment of vulnerability.”[34] The following example is from a survivor named Jill, who was a homeless runaway when she got caught up in to the sex industry. This comes from the Survivors Testimonies section on the Polaris Project website,
Into my hunger, loneliness and desperation came a man named Bruce. Attractive, well dressed and very charismatic, he approached me in a suburban mall and offered to “help” me. He could provide me with food, shelter, clothing, work–and I really wanted to work. I wanted desperately to be off the street and to have something to do. In essence, he knew exactly how to manipulate a desperate teenage girl with his promises to fulfill all my needs. The manipulation began within minutes of meeting him. When I questioned whether or not this “work” was prostitution, he retracted the offer and began to walk away. Desperate, I ran after him, pleading with him to give me another chance and to forgive my insult.[35]
This is just one example of the “environment of vulnerability,”[36] that exists here in the United States that creates a supply of victims for human trafficking. If female American citizens are being trafficked than the unequal status of women and the environment it creates must exist in the U.S.
The second area in which the unequal social status of women can be examined is with the government response to trafficking victims of the sex industry. According to Ann D. Jordan, “Women trafficked into forced prostitution are treated as ‘madonnas’ (innocent, vulnerable) who need assistance and support or as ‘whores’ (conniving, tainted) who need redemption and rehabilitation. In sum, current legal responses are discriminatory, and violate the rights of some or all trafficked persons.”[37]
Most of the support that is given to victims of human trafficking is contingent upon the victim’s willingness to help with the investigation and prosecution of the trafficker.[38] For many possible reasons, if the victim chooses not to prosecute, the victim is right back into the environment of vulnerability that started. The following example once again is from Jill, from the Survivors Testimonies section on the Polaris Project website.
In 1984, my captivity came to an abrupt end. Bruce was arrested on unrelated charges, and I was able to escape after he’d been handcuffed and taken away. The police who arrested Bruce offered me no support, despite finding a young girl locked in a closet, bound gagged and blindfolded. Even my request for a female officer to speak to was denied. The police told me that they were there to execute a warrant and that I’d better shut up or I was going to be arrested, too. I wasn’t even eighteen yet.[39]
This example shows that women are being treated, not as victims, but as prostitutes. Here the response from law enforcement created a situation that will only continue the cycle of oppression and slavery.
When examining these two situations it becomes clear that, specifically within the human trafficking framework, an unequal status of women exists in the United States. In order to be an antislavery party, there would need to be policies to do something about this situation. What the Platform Committee says about human trafficking is very little; it praises the increase of traffickers who have been charged and the number of convictions obtained. It also claims that the Republican party supports the work of organizations that are rescuing women and children from exploitation.[40] To get a better picture of this effort, actual policies and the affect of those laws on women in human trafficking situations has to be examined. According to Francois Girard, the piece of legislation that the Republicans put forward as their work on modern day slavery is the “2000 Act to Combat Trafficking in Persons, Especially into the Sex Trade, Slavery, and Involuntary Servitude, to Reauthorize Certain Federal Programs to Prevent Violence Against Women, and for Other Purposes (H. 3244), which was sponsored by Representative Christopher Smith (Republican – New Jersey).”[41]
Many critics of this law believe that the law is more focused on punishing the trafficker and is unhelpful to the victims who had been trafficked. In addition to this law, current HIV legislation requires any organization working with HIV at-risk populations focus on eradicating prostitution. This results in any group working with HIV populations to have an anti-prostitution policy. Often this affects the most effective non-government organizations that are working with possible trafficking victims.[42]
CONCLUSION
Human Trafficking or modern-day slavery is a major problem in this country and around the world. What the United States needs to combat slavery is a political party that is willing to become a modern antislavery party. Given the historical origins of the Republican Party as the antislavery party, one would think that it would be the party who could once again lead the United States to eradicating all slavery; just as it eradicated legal slavery during the 1860’s.
After examining three important causes to the supply of human trafficking, the role of policies to help or hurt becomes even clearer. Strict immigration policies can create an economic bonanza for human traffickers and drive immigrants into the hands of coyotes that can easily turn them to trafficking situations. Labor rights violations increase human trafficking by creating a second class of workers, as well as the line that is blurred between labor rights violations and human trafficking. Finally, the unequal status of women contributes to human trafficking because it is that status that makes women and girls more likely to be victimized by traffickers especially in the sex trade industry.
It is clear that there are many things that need to be accomplished to combat human trafficking. In examining past and current Republican Party Platforms it becomes clear that they fall short of these three benchmarks and in some situations are doing the exact things that many exasperate the situation. Upon examination of this evidence, it becomes clear that the Republican Party can no longer be considered the antislavery party of the United States.
[Editor's note: two recent books on modern slave trade: The Natashas by Victor Malarek; and David Batstone's "Not For Sale"]
Endnotes
[1] Slavery Still Exists.” http://www.slaverystillexists.org/slaverystillexists/index.htm
[2] “13th Amendment to the Constitution.” National Park Service. http://www.nps.gov/archive/malu/documents/amend13.htm.
[3] “Legal Definitions of Trafficking of Persons.” Polaris Project. http://actioncenter.polarisproject.org/index.php?option=com_content&view=article&id=125&Itemid=60
[4]Adam Smith. “The Republican Party: A Photographic History of the GOP” (San
Diego, California: Thunder Bay Press, 2003), 16.
[5] Smith, 17.
[6] Eric Foner. “Free Soil, Free Labor, Free Men: The ideology of the Republican Party
Before the Civil War” (London: Oxford University Press, 1995).
[7] Smith, 16.
[8] Foner, 11.
[9] “Emancipation Proclamation.” National Park Service. http://www.nps.gov/ncro/anti/emancipation.html.
[10] “13th Amendment”, 1
[11] Barbara Limanowska. “Trafficking in Human Beings in South Eastern Europe:
2004-Focus on Prevention” [Electronic Version] (New York: UNICEF/UNOHCHR/OSCE ODHIR, 2005).
[12] Raimo Vayrynan, “Illegal Immigration, Human Trafficking, and Organized Crime,”
United Nations University/World Institute for Development Economic Research, (2003), http://www.eldis.org/vfile/upload/1/document/0708/DOC13288.pdf.
[13] Vayrynan, 5.
[14] Vayrynan 5.
[15] John Bowe. “Nobodies: Does Slavery Exist in America.” New Yorker, April 21-28,
2003, 106.
[16] Vayrynan, 21.
[17] “Survivor Testimonies: Testimony of Inez.” Polaris Project.
[18] “Survivor Testimonies: Testimony of Inez”, 1.
[19] Vayrynan, 22.
[20] Platform Committee, Republican National Committee, “Republican Party Platform: A
Safer World and a More Hopeful America.” August 26, 2004. http://www.gop.com/media/2004platform.pdf, 16.
[21] Jordan, Ann D. “Human Rights or Wrongs? The struggle for a rights based
response to trafficking in human beings.” Gender and Development Vol. 10 (2002): 28.
[22] Heyzer, Noeleen. “Trafficking in Women and Children: A Gender and Human
Rights Framework” (Honolulu: UNIFEM. 2002), 5.
[23] Heyzer.
[24] David W. Haines, & Karen E Rosenblum. “ Illegal Immigration in America: A
Reference Handbook.” (Westport, CT. Greenwood Press, 1999), 348.
[25] Lance Compa. “Unfair Advantage: Worker’s Freedom of Association in the United
States Under International Human Rights Standards.” Cornell University ILR, (http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1007&context=books, 16.
[26] Heyzer, 5.
[27] Platform Committee, 22
[28] Platform Committee, 22.
[29] Platform Committee, 57.
[30] Heyzer.
[31] Ann D. Jordan, “Human Rights or Wrongs? The struggle for a rights based
response to trafficking in human beings.” Gender and Development Vol. 10 (2002): 28.
[32] Donna M. Hughes, “The ‘Natasha’ Trade: The Transnational Shadow Market of
Trafficking in Women.” Journal of International Affairs, 53 (2000): 626.
[33] “Domestic Trafficking in the U.S.” Polaris Project.
http://www.polarisproject.org/index.php/option=com_content7task=view&id=60<emid=81.
[34] Jordan, 28.
[35] “Survivors Testimonies: Testimony of Jill.” Polaris Project.
[36] Jordan, 28.
[37] Jordan, 32.
[38] Francois Girard, “Global Implication of U.S. Domestic and International Policies on
Sexuality.” International Working Group for Sexuality and Social Policy, 1, (June 2004), http://www.mailman.hscolumbia.edu/cgsh/cgsh.html, 27.
[39] “Survivors Testimonies: Testimony of Jill,” 1.
[40] Platform Committee, 25.
[41] Girard, 28.
[42] Girard, 28.
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