reflected in the U.S. law enforcement approach. Yet the numbers
of prosecutions each year are dismally low in comparison to
the scope of the problem. Passing modern laws that prohibit all
forms of trafficking by focusing on the enslavement of victims
rather than the recruitment and transportation of workers or
people in prostitution is an important first step in complying
with the Palermo Protocol and meeting the TVPA minimum
standards. For those laws to have any meaning, however, they
must be enforced. As long as there are only around 4,000 trafficking
convictions worldwide each year, a message is sent that
the injustice suffered by victims is not a national or international
priority.
Too often the victims of this crime are perceived to be society’s
throwaways – prostitutes, runaways, the poor, racial or ethnic
minorities, members of a low caste, or recent immigrants.
Victims themselves do not know the legal definitions of this
crime and should not be required to self-identify. Bias against the
vulnerable classes and an inability to envision them as victims
affects whether they are identified and whether their traffickers
are brought to justice. A narrow focus hinders a robust law
enforcement response and allows traffickers to operate with
impunity. Moreover, it diminishes the promise of equal protection
under the law, undermining basic rule of law principles. All
victims should be entitled to see their traffickers brought to
justice and to be heard through the legal process. Compassionate
and smart prosecution is thus the foundation of a victimcentered
approach.
Protection
Just as passage of a law without its enforcement is an empty
promise, law enforcement alone without victim protections is an
inadequate response. A victim-centered approach does not mean
assisting a potential witness just long enough to get his or her
testimony; it means meeting needs and fulfilling obligations that
extend beyond the confines of a criminal case. Such an approach
calls for partnerships between law enforcement agencies and
service providers – not just to win the case but as colleagues
sharing a humanitarian responsibility to act in the best interest
of the victim.