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SDI 09 SBH LAB

1 NEG CORE AGAINST HUMAN TRAFFICKING AFF

HUMAN TRAFFICKING
HUMAN TRAFFICKING..............................................................................................................................................1 POLITICS LINKS..........................................................................................................................................................2 GONZALEZ AND NOWICKI 09..................................................................................................................................5 WHITE 4-1-09................................................................................................................................................................5 Deborah, Political Analyst http://usliberals.about.com/b/2009/04/09/obama-lukewarm-on-passing-immigration-billin-2009-2010.htm............................................................................................................................................................7 SPENDING..................................................................................................................................................................11 SPENDING AT: SERVICES ALREADY EXIST AND WE JUST MAKE PEOPLE ELIGIBLE............................12 DEMAND C-PLAN......................................................................................................................................................13 STATES C-PLAN.........................................................................................................................................................19 EXECUTIVE ORDER C-PLAN.................................................................................................................................24 CAPITALISM K...........................................................................................................................................................25 SECURITY K...............................................................................................................................................................27 LINKS...........................................................................................................................................................................27 AT: DEHUMANIZATION .........................................................................................................................................33 ADDITIONAL K LINKS.............................................................................................................................................35 ORGANIZED CRIME.................................................................................................................................................39 AIDS ANSWERS.........................................................................................................................................................43 AT: LEADERSHIP.......................................................................................................................................................46 SOLVENCY.................................................................................................................................................................50

SDI 09 SBH LAB

2 NEG CORE AGAINST HUMAN TRAFFICKING AFF

POLITICS LINKS
REMOVING THE CAP ON VISAS WOULD REQUIRE POLITICAL CAPITAL. IT WAS INCLUDED BECAUSE MEMBERS OF CONGRESS THOUGHT IT WAS ESSENTIAL TO PREVENT A FLOOD OF ILLEGAL IMMIGRATION CORRENTE WIRE 08
http://www.correntewire.com/general_suckitude_and_non_sucky_session_on_sucky_topic.

Finally, the implementation of TVPA has been stalled is the "fear of the floodgates"... that is, the fear that millions of immigrants are going to show up, claiming to be trafficking victims. The presenter showed how ridiculous this claim is but it is still the reason why Congress put a 5,000 cap on T visas.

THE FEAR OF OPENING THE FLOODGATES WAS THE REASON CONGRESS IMPOSED A 5,000 CAP HAYNES 07
Associate Professor of Law, New England School of Law;

Georgetown Immigration Law Journal lexis


The impetus behind passage of the Trafficking Victims Protection Act was a bipartisan wish to protect victims of horrific acts linked to human trafficking.70 As early as 1999, however, the drafters foresaw what would ultimately be passed as the Act and warned us that our nation can do better than giving the victims of sex trafficking and slavery immigration benefits on one hand, while denying them benefits on the other hand through unnecessarily narrow requirements and conditions.71 Although they were unable then to identify all of the ways in which this law would ultimately be narrowed, they understood that the intent of the law was already being distorted by the Congressional response to fears of opening the floodgates, evidenced by insistence that a cap of 5,000 be placed on the number of T-visas available to victims each year.

CONGRESS BELIEVED THE CAP WAS ESSENTIAL TO PREVENT FRAUD WETMORE 02 Jennifer, Judicial Law Clerk, Executive Office for Immigration Review
http://www.heart-intl.net/HEART/030106/TheNewTVisa.pdf.

See Alien Victims of Severe Forms of Trafficking in Persons, 8 C.F.R. 214.11(m) (2002). As the debate ensued in the House of Representatives on the TVPA, some expressed their disapproval of the 5,000 cap as being arbitrary. See Appointment of Conferees on H.R. 3244, Trafficking Victims Protection Act of 2000, 146 CONG. REC. H7628, 7629 (2000) (statements of Rep. Watt and Rep. Lofgren). Nonetheless, the proponents argued that the 5,000 cap safeguards against fraud. See id. at H7628, 7629 (statements of Rep. Canady and Rep. Smith).

SDI 09 SBH LAB

3 NEG CORE AGAINST HUMAN TRAFFICKING AFF

INCREASING ELIGIBILITY FOR SERVICES WOULD REQUIRE POLITICAL CAPITAL. MANY MEMBERS OF CONGRESS WANT TO LIMIT BENEFITS CHACON 06
Jennifer M. Chacon*Assistant Professor, University of California, Davis, School of Law; J.D., Yale Law School Fordham Law Review 74:297 LEXIS MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF U.S. EFFORTS TO STOP HUMAN TRAFFICKING

The enforcement of trafficking laws in the United States to date has not reflected this broad understanding of trafficking. This is likely due in part to the fact that some members of Congress were quite vocal in their desire to exclude from the Act's protections any victim who consented to some aspect of his or her transportation or employment. n271 Their concern seemed to be that migrants might use the TVPA to obtain immigration benefits after participating in their own smuggling. These sentiments concretely affected the drafting of the TVPA. The decision to restrict the full protections of the Act to "severe victims of trafficking in persons" was a deliberate effort to deny immigration benefits to individuals who, while exposed to conduct that constitutes trafficking, gave consent at some point during the process of their transportation or employment. n272 The result is a law that limits the availability of protective services, but encourages broad use of the term "trafficking" in the context of prosecution. Thus, Congress's recognition that trafficking victims ought not be considered criminals n273 has been unnecessarily constrained by the unwillingness of many legislators to recognize that not all trafficking victims are completely "innocent," when "innocence" is understood to require the complete absence of consent at all stages of transportation and employment.

DEALING WITH HUMAN TRAFFICKING IS PERCEIVED AS AN IMMIGRATION ISSUE KLOER 12-30-08


Amanda, author and analyst on trafficking 5 Major Human Trafficking Controversies http://humantrafficking.change.org/blog/view/5_major_human_trafficking_controversies.

Human trafficking and immigration (illegal or legal) are often connected but distinct issues. Some groups and individuals want to call trafficking an immigration problem, and believe that by creating better (and better is interpreted differently by different sides) immigration policies we can solve the trafficking problem.

SDI 09 SBH LAB

4 NEG CORE AGAINST HUMAN TRAFFICKING AFF

A DEBATE OVER A NEW IMMIGRATION POLICY WOULD SUCK UP CRITICAL POLITICAL CAPITAL BARRY 09
Tom, Center for International Policy http://americas.irc-online.org/am/5808. Another divisive debate over the details of a new immigration policy is not what the U.S. body politic needs right now. Even with an increased Democratic majority, there isn't the political will or political capital to pass a liberal immigration reform in these frightful economic times. Certainly, the administration can move quickly to end the worst practices of the Bush administration. But a new overall policy needs more time, more thought, and a better political strategy. Another unwieldy CIR bill, even if it passed, wouldn't fix the broken immigration system. A major reason why the immigration system is so dysfunctional is that there is no national consensus on the role of immigration in our society and our economy. Before jumping to solve the immigration crisis with a welter of new policies wrapped up in a CIR bill, a common language to consider the immigration issue is necessary. What's desperately, urgently needed is the power of wordsand this is a power that the new president has in abundance. Before dealing with the controversial specifics of a new immigration policy, Obama needs to weave a new narrative about immigration in 21st century America. "We come to proclaim an end to the petty grievances and false promises, the recriminations and worn-out dogmas, that for far too long have strangled our politics," stated Obama in his inaugural speech. Over the past several years, as the two sides have sought to elevate their positions, constructive discussion has been strangled by petty recriminations and false promises. But if there is to be an immigration reform that repairs the system and is sustainable, it will be necessary to "set aside childish things" and "worn-out dogmas." When the issue of immigration policylegalization, visa quotas, temporary worker programagain comes before Congress for debate, the Obama administration must do its best to set forth a common sense of purpose. "On this day," said Obama at his inauguration, "we gather because we have chosen hope over fear, unity of purpose over conflict and discord." If immigration reform is to be successful, it must be in this spirit. A central reason why the immigration debate thus far has been so contentious, so deeply bitter, is the absence of common terms of discourse. Each side in this debate has set out to frame the issue in terms that reflect its own distorted worldview. The result is a nation that is variously divided and confused. Some say that the immigration crisis is at its heart a national security crisis in which the homeland is threatened by porous borders and millions of illegal immigrants in the heartland. Others say that it is a crisis of supply and demand in the laws of the market clash with unrealistic immigration laws that turn workers into illegals. Some say it is a social and cultural crisis in which stability and identity in America are undermined by a pervasive presence of illegal immigrants, while others say that it is a crisis in which there is a massive violation of immigrant rightsthe right to work without exploitation and the right to be treated fairly.

SDI 09 SBH LAB

5 NEG CORE AGAINST HUMAN TRAFFICKING AFF

IMMIGRATION POLICIES REQUIRE MASSIVE POLITICAL CAPITAL WEINTRAUB 4-29-09


Analyst for Fleishman Hillard http://publicaffairs.fleishmanhillard.com/?p=720 In The Politico, a roundtable of experts has mixed opinions about whether the time is now. Martin Frost, for example, a former Democratic congressman, generally a cheerleader for immigration reform, makes it sound very dim: No year is ever a good year to seek immigration reform. Immigration reform makes Social Security reform look like a walk in the park. The Obama administration should concentrate on health care and energy legislation this year and not waste capital on this most difficult of all subjects.

IMMIGRATION POLICIES REQUIRE POLITICAL CAPITAL GONZALEZ AND NOWICKI 09


Dan and Dan Reporters for Arizona Republic http://www.americansforimmigrationreform.com/news/obama-labor-battle-looming-immigration

Twice under George W. Bush's administration, fierce objections to legalizing illegal immigrants killed comprehensive immigration reform. Now, as the Obama administration prepares to tackle the divisive issue, battle lines are being drawn again, this time over how the United States lets foreign workers enter the country. As President Barack Obama's predecessor found out, immigration reform is highly volatile and likely will require the expenditure of political capital.

IMMIGRATION IS THE MOST DIVISIVE ISSUE IN CONGRESS AND OBAMA WONT TOUCH IT UNTIL HIS OTHER AGENDA IS FINISHED WHITE 4-1-09
Deborah, Political Analyst http://usliberals.about.com/b/2009/04/09/obama-lukewarm-on-passing-immigration-bill-in-20092010.htm.

Immigration reform may be the most divisive of all political issues in Congress. Even the Times admits that "... it is unclear who will take up the Obama initiative in Congress." and that "No serious legislative talks on the issue are expected until after some of Mr. Obamas other priorities have been debated."

SDI 09 SBH LAB

6 NEG CORE AGAINST HUMAN TRAFFICKING AFF

OBAMA WONT EVEN RISK POLITICAL CAPITAL ON ALLOWING VISA EXTENSIONS FOR A LIMITED GROUP LIKE HAITIANS IN THE U.S. NOW BECAUSE OF THOSE WHO FEAR IT WOULD OPEN FLOODGATES, THE SAME FEAR PEOPLE HAVE ABOUT THE PLAN HERBERT 09 David, National Journal Reporter http://nationaljournal.com/njonline/no_20090323_3605.php.
But because temporary protected status has developed a reputation as a foothold in the U.S., it's clear that the Department of Homeland Security worries that granting TPS to Haiti might encourage a flood of refugees who believe they may be grandfathered in under a status extension down the line. "There is no change in our policy on temporary protected status, and deportations to Haiti are continuing," said Homeland Security spokesman Sean Smith in a statement. "And let me be clear: No one living in Haiti right now should be attempting to come to the U.S. in hopes that they will be granted TPS." It looks as if neither side of the TPS debate will be getting much from Obama anytime soon. If a geographically scattered community of a few thousand Liberians could drum up a letter of support from seven senators and intense lobbying from congressmen like McMahon and Kennedy, imagine the political pressure the quarter-million Salvadorans in the U.S. under the program might bring to bear. What's more, Obama has signaled that he's not interested in spending political capital on immigration reform right now: Latino civil rights advocates are still smarting after Obama allegedly passed over a vocal immigrants' rights advocate for a Justice Department post in the face of opposition from anti-immigrant groups.

IT WOULD REQUIRE POLITICAL CAPITAL WHICH IS WHY OBAMA WONT DO ACTUAL IMMIGRATION REFORM NOW WEINTRAUB 4-29-09
Analyst for Fleishman Hillard http://publicaffairs.fleishmanhillard.com/?p=720

I HAVE TO CONFESS that when The White House announced a few weeks ago that it intends to pursue a (long overdue) comprehensive reform of our nations immigration policy, I was a bit skeptical. Hadnt we just gone through a bruising and ultimately counterproductive exercise to pass an immigration reform bill a couple of years ago? And arent there enough tough issues on the Presidents agenda right, which will tap more than enough of his energy and political capital? Dont get me wrong, I hope President Obama succeeds, that we can fix what everyone, from one end of the political spectrum to the other, agrees is a broken national policy (even if they dont all agree on the fix). And I hope it happens sooner than later. But, as we saw in 2007, this is, bar none, one of the most politically explosive issues in our domestic politics. And the President is working on reversing a major economic crisis and supposedly pushing through landmark health care legislation this year (which, much as I would like to see it happen, I will believe when I see). Will this year be any different? Ezra Klein, who blogs for The American Prospect, has his doubts, thinks this is just The White House making it appear its moving ahead in order to appease the pro-immigration constituencies that voted for Obama. At least the President gets credit for trying, even if this is a lost cause. The New York Times story thats exciting folks, writes Klein, is based off an interview with Celia Munoz [The White House Director of Intergovernmental Affairs and one of the most gifted immigration policy analysts in the land] that sounds like the equivalent of hell form a commission. She says that over the summer [Obama] will convene working groups, including lawmakers from both parties and a range of immigration groups, to begin discussing possible legislation for as early as this fall. Elsewhere she says that he intends to start the debate this year. A betting man, I think, would not lay down $50 on Congress seriously considering immigration legislation this fall.

SDI 09 SBH LAB

7 NEG CORE AGAINST HUMAN TRAFFICKING AFF

OBAMA IS AVOIDING SPENDING POLITICAL CAPITAL ON IMMIGRATION ISSUES NOW. HE WILL ONLY HOLD TOWN HALL MEETINGS NOT PURSUE POLICIES WHITE 4-1-09
Deborah, Political Analyst http://usliberals.about.com/b/2009/04/09/obama-lukewarm-on-passing-immigration-bill-in-20092010.htm.

Obama already has far too much on his campaign-promise plate to accomplish... health care reform, comprehensive reform of public education, and a slumping economy to inspire and stabilize... before the November 2010 mid-term Congressional elections. But, as the New York Times reports, look for President Obama to "begin addressing the countrys immigration system this year." Look for him to hold hearings. To talk about it at town halls. To perhaps establish a task force, or commission a study, or commence a "listening tour." Probably all of them. Look for President Obama to sound and look like he's working diligently on resolving the injustices of the present U.S. immigration system. Look for the Obama administration to expend enough effort to convince Latino voters that he's doing his very best, and then some, on this hot-potato issue. But in his first term as president, don't look for Obama to do the politically hard yeoman's work it will take to actually pass comprehensive immigration reform legislation. Despite White House talking points, passage of immigration reform is NOT a top priority issue, as it would demand more political capital and more gutsy, in-your-face courage than is characteristic of Barack Obama.

SDI 09 SBH LAB

8 NEG CORE AGAINST HUMAN TRAFFICKING AFF

ACTION TO FOCUS ON SEX TRAFFICKING IS HIGHLY CONTROVERSIAL EVEN AMONG THOSE ADVOCATING FOR GENDER ISSUES SODERLUND 05
Gretchen Soderlund is Assistant Director of the Center for the Study of Communication and Society and Lecturer in Sociology at the University of Chicago. NWSA Journal 17.3 (2005) 64-87 http://muse.jhu.edu/journals/nwsa_journal/v017/17.3soderlund.html#authbio
At the intersection of gender, human rights, and foreign policy, no pre-9/11 issue was as prominent or contentious as sex trafficking. The issue became a priority of the United Nations in the 1990s when a diverse set of activists organized to bring gender and sexuality into the purview of traditional human rights doctrine (Bunch 1990; Wijers and Lap-Chew 1997; Pearson 2002; Singh 2003). This coalition was characterized by a unity of purpose over bringing concerns specific to womenincluding abuses not directly attributable to state actors like domestic violenceinto the broader fold of human rights (Keck and Sikkink 1998). The women's rights campaign ultimately coalesced around the notion of violence against women, concentrating particularly on abuses suffered by third-world women. For some advocates, the adoption of violence against women as the focal point of the campaign derived from a deep-seated conviction that women's exposure to multiple forms of physical harm was the most pressing problem for human rights in the late twentieth century. For others, violence against women appeared as the most exigent approach toward gaining recognition from international bodies. In her analysis of the 1990s' movement, Alice Miller explains that "sexual violence was effective in this cause because it seemed to provide a means to make the gender-specific content of the violence visible to key human rights bodies and actors" (2004, 18). Activist strategies centered around the "victim subject"often embodied in personal testimonials from the most abject sufferersare not only more likely to draw governmental and media attention to a cause, but also serve as a point of commonality [End Page 69] "from which women of different cultural and social contexts can speak" (Kapur 2002). Violence against women dominated the campaign for women's rights at such international conferences as the 1993 Vienna World Conference on Human Rights and the 1995 Beijing Conference on Women. Within this already narrowed focus, sex trafficking and prostitution surfaced as the most egregious form of violence against women imaginable, and thus trafficking emerged as the centerpiece of the campaign. However, despite its high profile, sex trafficking proved to be a highly controversial issue among feminists and human rights activists. If debates surrounding pornography exposed significant political fault lines among feminists in the 1980s, controversies over sex trafficking served that function in the 1990s. Many activists utilizing a violence-against-women framework in their campaign for women's rights were uncomfortable about the framing of sex slavery as the lynchpin of women's oppression. Activists who saw campaigns against sex trafficking as a step on the path toward eradicating all forms of sexual commerce clashed with those who viewed forced trafficking as an exploitative practice that could encompass but was ultimately distinct from the commercial sex act itself. As the "trafficking debates" raged, the two sides further developed their positions on the issue. While the former perspective adhered to a strict abolitionist model considering all prostitution "sex slavery" and thus by definition violence against women, the latter camp could itself be divided into those who believed forced sex trafficking was a worthy object of political intervention and those who felt intensive campaigns against trafficking necessarily undermined efforts to secure sex worker rights (Doezema 1998; Kempadoo and Doezema 1998). Groups like Coalition Against Trafficking in Women (CATW) argued that trafficking was a unique and particularly abhorrent sexual violation of mainly female victims (CATW-Asia Pacific 1996; Barry 1979; Raymond and Hughes 2001). Other groups, particularly the Global Alliance Against Trafficking in Women (GAATW) and the Network of Sex Work Projects (NSWP) argued that the phenomenon rested along a continuum of forced migrant labor (Kapur 2003; Kempadoo and Doezema 1998; Saunders and Soderlund 2003; Ulcarer 1999; Wijers and Lap-Chew 1997). For some activists the trafficking of women into the sex industry is morally wrong and exploitative because of its association with commercial sex, while for others forced prostitution is inseparable from global inequities of capital and labor that leave women in the global economy with few viable options aside from sweatshop labor or the typically more lucrative sex industry work. From this latter perspective, an obsessive focus on sex trafficking ultimately distracts from drawing connections between gendered poverty and forced prostitution and presumes a moralistic approach that is unlikely to consider poverty, hunger, and low wages as equally pressing [End Page 70] forms of violence against women. Subtle differences in the definition of trafficking, its causes, and effects, lead to decidedly different institutional responses to these phenomena, as exemplified by recent policy developments in Sweden and the Netherlands that have reshaped the social organization of prostitution in these countries. However, Elizabeth Bernstein's analysis of Sweden and the Netherlands' divergent regulatory approaches to commercial sex suggests that both policiescriminalization and legalizationhave strikingly similar effects on migrating sex workers (2005/in press).

SDI 09 SBH LAB

9 NEG CORE AGAINST HUMAN TRAFFICKING AFF

THE PLAN WOULD BE MASSIVELY CONTROVERSIAL. WHILE VICTIMS RIGHTS ADVOCATED SUPPORT THE PLAN BORDER DEFENDERS WOULD OPPOSE IT BECAUSE THEY THINK IT WOULD THREATEN THE U.S. CHEUNG - Trial Attorney with the United States Department of Justice, Antitrust Division, National Criminal Enforcement Section. 07
Calvin, Protecting Sex Trafficking Victims: Establishing the Persecution Element 14 Asian Am. L.J. 31 LEXIS Despite the simplicity in defining "refugee," the element of persecution or a well-founded fear of persecution has been enigmatic in its formulation. There is no universally accepted definition of persecution or a wellfounded fear, and various attempts to formulate one have met with little success. n46 Before discussing why a concrete definition of persecution has been so elusive, it would be helpful to frame the pressures underlying refugee law as it pertains to asylum. The purpose of asylum is to protect asylees who are fleeing harm or danger from another country. n47 Motivated by moral and humanitarian obligations, refugee law provides a process whereby those who qualify as refugees obtain protection from further harms. n48 The category of individuals advocating for the expansion of refugee law, for the purpose of this discussion, will be referred to as "Victims' Advocates." In contrast, those who oppose the application of refugee law to trafficking victims are referred to as "Border Defenders." This group believes that if refugee law were expanded to cover trafficking victims, the pillars of our nation would be at serious risk. An asylum law without limitations would be laughable and create a host of potential problems, including a lack of public support for a law subject to abuse, n49 loopholes facilitating terrorism, and an influx of cheap labor to supplant underground sweatshops. n50 Non-governmental organizations ("NGOs") and attorneys for trafficking victims side with Victims' Advocates while the United States Citizenship and Immigration Services (USCIS) n51 has historically aligned [*37] itself with Border Defenders. Within this framework, each adjudicator of asylum applications must weigh the conflicting concerns of Victims' Advocates and Border Defenders. Ultimately, each asylum adjudicator must maintain the legitimacy of the United States asylum response to deserving asylees, while preserving the integrity of our borders. n52

SDI 09 SBH LAB

10 NEG CORE AGAINST HUMAN TRAFFICKING AFF

HOW TO ALLOCATE SCARCE RESOURCES ON TRAFFICKING WOULD BE CONTROVERSIAL KLOER 12-30-08


Amanda, author and analyst on trafficking 5 Major Human Trafficking Controversies http://humantrafficking.change.org/blog/view/5_major_human_trafficking_controversies.

The question "How should we spend our limited amount of money?" is not just a controversial one in human trafficking spheres, but in all activist spheres. There is, unfortunately, a limited amount of resources available to attack a very large and expensive problem, and experts don't always agree on what we should do. Should we focus on rehabilitating the victims we have found or preventing more people from becoming victims? Should we spend more on putting traffickers in jail, preventing traffickers from trafficking, or creating disincentives for them? Should we put most of our resources toward fighting demand? How much should we spend trying to get more money? These questions don't even begin to get into the "how," which of course, is fraught with more choices. However, these disagreements can ultimately lead to stronger solutions and better policy and practices.

INCREASING SUPPORT FOR SEX TRAFFICKING WOULD EMPERICALLLY BE CONTROVERSIAL. IN THE REAUTHORIZATION BILL LAST YEAR THE SENATE HAD TO CUT FUNDING ON TRAFFICKING VICTIMS TO GET TVPA REAUTHORIZATION PASSED FEMINIST LAW PROFESSORS 08
http://feministlawprofs.law.sc.edu/?p=4441.

William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 Passes House and Senate, But Offers Less Protection To Victims Compared with the 2007 House Version. And the impetus for watering down the bill was of course Joe Biden, in collusion with Sam Brownback. The text of the 2008 version of the bill can be found here. The major changes in the 2008 version were in Title II, and appropriations for enforcement were reduced in Title III. House sponsor Howard Berman reported the changes as follows:
PROVISIONS FROM H.R. 3887 NOT INCLUDED IN BILL Several provisions from H.R. 3887 do not appear in this version of the legislation. For example, the original House bill attempted to streamline the investigation and prosecution of certain sex trafficking and related offenses by amending the Mann Act, 18 U.S.C. 2421, et seq. The Wilberforce Act reflects a different consensus, and achieves these ends through modifications to the Slavery/Trafficking Chapter of Title 18 discussed above. Specific language regarding the surveys required by section 232 of H.R. 3887 is not included in the bill. However, the provisions of paragraph (B)(i) and (ii) of section 201(a)(1) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044(a)) still require that the surveys contained in that provision be completed, and section 237(d) requires the Department of Justice to provide the relevant committees a report on the status of those surveys, including the projected date when such surveys will be completed. Also, section 234 of H.R. 3887 proposed a reorganization of functions within the Department of Justice. The Department of Justice should review the relationship between the Criminal Section of the Civil Rights Division and the Child Exploitation and Obscenity Section of the Criminal Division and promote Because efforts in the closely-related area of prostitution enforcement are important to prevent situations from ripening into servitude, the reporting requirements of Section 237 are intended to gain a better understanding of the Criminal Division and United States Attorneys Offices activities to enforce the Mann Act or those local prostitution offenses that United States Attorneys may have jurisdiction over through operation of the District of Columbia Criminal Code or the Travel Act 18 U.S.C.

Title III Title III authorizes funds for programs, projects and activities related to human trafficking. In order to promote broad support for the bill, some of the authorization for program funding was reduced to levels closer to previously appropriated levels, and therefore represents a more realistic target for future spending. Any reductions in authorizations are not intended to indicate a decrease in the importance of any programs, but indeed are intended to encourage appropriations at those new levels. Bermans description of the altered approach to prosecuting pimps that was negotiated with the Senate is reproduced in part after the jump.

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11 NEG CORE AGAINST HUMAN TRAFFICKING AFF

SPENDING
PROVIDING REHABILITATION SERVICES TO TRAFFICKED PERSONS WOULD COST BILLIONS ROGERS 09 Sharon, Senior at Kings College

https://www.benningtonbanner.com/opinion/ci_12070961.

It is possible to end human trafficking within the United States. The average cost of integration and rehabilitation in the U.S., once rescued, is approximately $30,000 per person. Allocating $15 billion to restore the lives of the 50,000 current slaves in the United States seems like a large sum to add to our ever-growing deficit. However, $15 billion is only a tiny fraction of the approximately $865 billion spent on war-related military operations throughout the past nine years in Afghanistan and Iraq.

THE HIGH COST IS BECAUSE TRAFFICKING SURVIVORS REQUIRE MASSIVE SERVICES U.S. DEPARTMENT OF JUSTICE 04
http://www.usdoj.gov/whatwedo/whatwedo_ctip.html.

In FY 2003, the Office for Victims of Crime (OVC) made its first awards to various nongovernmental organizations for the purpose of providing trafficking victims with comprehensive or specialized services during the precertification phase, and for the purpose of providing grantees with training and technical assistance for program support and enhancement. OVC funds help victim service providers meet the challenge of addressing the complex and acute service needs of trafficking victims through the provision of: Comprehensive services: Direct services mobilized by the grantee organization to meet the range of needs of trafficking victims. Comprehensive services include addressing the victim's basic needs for shelter, food, and clothing as well as case management, information and referral, legal assistance and advocacy, medical and dental services, mental health assessment and treatment, job skills training, transportation, and interpretation services.

SDI 09 SBH LAB

12 NEG CORE AGAINST HUMAN TRAFFICKING AFF

SPENDING AT: SERVICES ALREADY EXIST AND WE JUST MAKE PEOPLE ELIGIBLE
NO FUNDING FOR SERVICES HAS BEEN APPROPRIATED. THE AFF HAS TO PASS NEW LEGISLATION TO APPROPRIATE FUNDS AND THE CURRENT SERVICES DONT EXIST POLARIS PROJECT ACTION CENTER MAY 09 http://actioncenter.polarisproject.org/component/content/article/522
In December of 2008 Congress enacted the Trafficking Victims Protection Reauthorization Act (TVPRA), and authorized tens of millions of dollars to fund services for U.S. citizen and foreign national victims of human trafficking in the U.S. However, none of these funds can be released until Congress passes a separate bill to appropriate the needed funds, and to do this, it is critical that all federal legislators informed about the critical need for these funds and are urged to support this appropriation. Since the TVPA passed in 2000, there has been no specific federal funding to support U.S. citizen trafficking victims. There are also no federally-funded shelters for child victims of sex trafficking, despite estimates of more than 200,000 children at high risk for commercial sexual exploitation in the U.S. every year. Only a small handful of shelters nationwide provide the specialized services and environment needed to help victims recover. The U.S. government has not provided sufficient funding for foreign national trafficking victims in the past. For example, the Department of Health and Human Services recently had to decrease victim services from eight to four months in many cases. When recovery from trauma and abuse can take many years, four months of support is insufficient.

IF THEY DONT INCREASE FUNDING THEY DONT SOLVE BECAUSE THE SERVICES DONT EXIST ACTION GROUP 08
The Action Group is comprised of: the Alliance to Stop Slavery and End Trafficking, Coalition to Abolish Slavery & Trafficking, Free the Slaves, International Justice Mission, Not For Sale Campaign, Polaris Project, Ricky Martin Foundation, Solidarity Center, and Vital Voices Global Partnership. The Action Group is a U.S.-based, non-partisan group of complementary organizations dedicated to abolishing modern-day slavery and human trafficking. Recommendations for Fighting Human Trafficking in the United States and Abroad Transition Report for the Next Presidential Administration

November 2008

http://www.madebysurvivors.com/nl/ActionGroupTransitionMemo2008.pdf.

The President should ensure that authorized programs to serve U.S. citizen and foreign national victims of human trafficking are created and funded. While the TVPA authorizes specialized services to all victims of human trafficking, to date there has been no funding for programs created to assist U.S. citizen victims of human trafficking, including the large number of commercially sexually exploited children. Likewise, funding for foreign nationals has not been sufficient to meet their needs. The Administration needs to prioritize dedicating resources to establish a network of housing options across the country to serve trafficking victims. It is well documented that housing is among the most urgent and most consistently needed services for survivors of human trafficking. Yet, this is an area that has received less attention than any other in regards to funding, model development, and evaluation. For adults and children there are currently not enough shelter options addressing the special needs of trafficking victims. Additionally, the next President should direct, by Presidential Memorandum or other appropriate means, that federal officials with custody of trafficking victims place those individuals in culturally and linguistically appropriate housing options to the maximum extent possible. Increased funding for human trafficking shelters should not impact funding for domestic violence or other shelters.

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13 NEG CORE AGAINST HUMAN TRAFFICKING AFF

DEMAND C-PLAN
THE NEGATIVE COULD C-PLAN USING EITHER THE STATES OR THE FEDERAL GOVERNMENT TO LAUNCH AN EDUCATION CAMPAIGN TO STOP DEMAND FOR TRAFFICKING THE COUNTERPLAN SOLVES TRAFFICKING BETTER Yen, Iris. Professor of Law at Northwestern University. May 2008. VICE AND MEN: A NEW
APPROACH TO ERADICATING SEX TRAFFICKING BY REDUCING MALE DEMAND THROUGH EDUCATIONAL PROGRAMS AND ABOLITIONIST LEGISLATION Northwestern Law Review. LexisNexis In the arduous and ongoing war against sex trafficking, there are glimmers of hope and victory: more traffickers are being investigated and prosecuted in every country, and vulnerable girls and women in developing countries are receiving critical economic and educational opportunities. n222 While commendable, efforts that solely address the supply side of the sex trafficking equation are insufficient and ultimately ineffective to stop the rapid growth of the sex trade n223 because it is the male demand for commercial sexual services that stimulates, sustains, and expands the sex trade. n224 Contrary to the defeatist attitude that "men will be men," this Comment has argued that it is both feasible and effective to reduce male demand by changing the attitudes and behaviors of boys and young men towards prostitution and sex trafficking. n225 As rational persons, johns will make different decisions if they learn that the financial, legal, and health costs of their actions outweigh the momentary physical benefit they gain from prostitution. n226 Therefore, if the United States is serious about eradicating sex trafficking, the most effective way is to adopt a comprehensive, multi-stage, demand-oriented strategy that includes both educational programs and legal incentives. n227

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A COMPREHENSIVE DEMAND BASED EDUCATION APPROACH SOLVES BETTER THAN THE AFF Yen, Iris. Professor of Law at Northwestern University. May 2008. VICE AND MEN: A NEW
APPROACH TO ERADICATING SEX TRAFFICKING BY REDUCING MALE DEMAND THROUGH EDUCATIONAL PROGRAMS AND ABOLITIONIST LEGISLATION Northwestern Law Review. LexisNexis The second stage of the strategy is to combat male demand through the re-education of johns and the reshaping of male norms in general. Innovative male-oriented educational programs such as CATW's educational workshops in the Philippines and various john schools such as FOPP in San Francisco have revealed some promising preliminary results in effecting changes in male attitudes and behaviors. n232 Graduates of john schools typically have recidivism rates around 1% or less, which is significantly below the average recidivism rate for misdemeanors. n233 These success rates prove that education and rehabilitation are an effective deterrent, at least for certain segments of the john population. n234 The U.S. government should also implement a high-profile, nationwide public awareness campaign. n235 Sweden launched a nationwide [*685] public education campaign in conjunction with their passage of the Prohibition Act. n236 As a result of the Prohibition Act and the public awareness campaign, the number of Swedes who support the law has increased, and there is now heightened national consciousness about the harmful effects of trafficking. n237 To influence a positive change in male attitudes and norms among impressionable teenaged boys, the United States should consider incorporating age-appropriate discussions of sex trafficking and exploitation into high school sex education curriculums. In addition to its domestic efforts to address male demand, the United States must initiate and lead a global effort to combat sex trafficking through demand-oriented measures. The main drawback of Sweden's law has been the negative externality effect of increasing sex trafficking and prostitution in neighboring countries. n238 Since no country is immune from the harms of sex trafficking, n239 it is imperative that every country stands firm and united in a global commitment to eradicate sex trafficking. n240 A first step in this endeavor would be for the United Nations to adopt a revised protocol, one that accurately reflects the significance of the demand factor by requiring Member States to adopt abolitionist legislation and to ensure its enforcement. This emphasis on the demand side is not meant to negate the good intentions of current efforts that address the poverty and paucity of economic opportunities for women and girls in developing countries. Eliminating the continuing gender inequality and reducing destitute women's economic incentives to take risky jobs abroad are critical, but very long-term, solutions. Even increasing the penalties and conviction rates for sex traffickers is unlikely to significantly deter the sex trade since the [*686] extremely lucrative profits are too enticing. Thus, the most effective way to drive immediate and long-term change is to apply pressure on the "weak link" in the sex trafficking chain: the male demand. n241 Male buyers must be held responsible and liable for their role in perpetuating and sustaining this modern-day slave trade. n242 By patronizing the sexual services of trafficked women, johns are "debasing themselves and deepening the misery of others" as President Bush described in an address to the United Nations. n243 Trafficking is "a special evil" because it abuses and exploits the most innocent and vulnerable members of society. n244 All human beings have inherent dignity and are deserving of respect, hence they should never be reduced to "objects of power or commerce." n245 The unfortunate reality is that sex-trafficked victims are often stripped of their humanity and seen only as expendable commodities, living everyday in an "underground of brutality and lonely fear." n246 Sadly, too many sex-trafficked victims will end their short lives as sex slaves, never breaking free of the brutality and lonely fear. n247 In spite of the bleak picture, there is still hope. By addressing the key driver of the global sex trade - male demand for commercial sexual services - one hopes that the rampant sex slavery trade of today will soon follow the path of the African slave trade into the dark chapters in the annals of human history. It is too late to save many girls like Andrea from permanent and irreversible damage, n248 but one sincerely hopes that vigorous efforts to eradicate sex trafficking now will save a future generation of girls from becoming like Andrea.

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EDUCATION SOLVES DEMAND Yen, Iris. Professor of Law at Northwestern University. May 2008. VICE AND MEN: A NEW
APPROACH TO ERADICATING SEX TRAFFICKING BY REDUCING MALE DEMAND THROUGH EDUCATIONAL PROGRAMS AND ABOLITIONIST LEGISLATION Northwestern Law Review. LexisNexis FOPP has several pedagogical goals. n170 First, it aims to expose the ugly truth of the commercial sex industry to the men, from the highly lucrative profits for the pimps to the appalling abuse of the girls and women who are forced into the industry. n171 Second, FOPP aims to teach men about the health hazards of prostitution; many johns are high sexual risk-takers yet are surprisingly ignorant about sexually transmitted diseases. n172 Finally, in an appeal to the men's consciences about the harms of prostitution, FOPP makes it clear the johns sustain and support a brutal system of sexual [*677] exploitation. n173 Former prostitutes are heavily involved in the entire process, from developing the curriculum to sharing their personal testimonies on the harmful impact of prostitution. n174 Reactions to FOPP and its initial results have been very encouraging. n175 In one survey conducted among 747 participants, 100% said they learned something new and 97% said it is unlikely they would solicit a prostitute again. n176 Qualitative responses from FOPP participants reveal that their attitudes toward prostitutes have changed for the better. n177 Most importantly, the johns' behavioral change has been confirmed by the police department's recidivism data. n178 Of the 2200 men who attended FOPP between 1997 and 2001, only eighteen were rearrested for soliciting prostitutes. n179 This recidivism rate of 0.008% is extremely low in comparison to the general 33% recidivism rate for all misdemeanor offenders. n180 In sum, a comprehensive educational program targeted at the right male audience can have a powerful impact on reducing demand.

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ONLY DEMAND BASED SOLUTION CAN STOP TRAFFICKING Yen, Iris. Professor of Law at Northwestern University. May 2008. VICE AND MEN: A NEW
APPROACH TO ERADICATING SEX TRAFFICKING BY REDUCING MALE DEMAND THROUGH EDUCATIONAL PROGRAMS AND ABOLITIONIST LEGISLATION Northwestern Law Review. LexisNexis Ultimately, the most significant flaw of the TVPA is its failure to address and penalize the demand side. n68 The TVPA ignores the reality that unless demand for commercial sexual services severely diminishes, illegal trafficking in women and children for the purpose of sexual exploitation is unlikely to cease. n69 Congress responded to some of these criticisms when it revised the TVPA in 2003. n70 The Trafficking Victims Protection Reauthorization Act of 2003 ("TVPRA 2003") enabled victims to bring federal civil suits against traffickers for actual and punitive damages, n71 but TVPRA 2003 still failed to address the demand side. The real legislative breakthrough was the Trafficking Victims Protection Reauthorization Act of 2005 ("TVPRA 2005"). n72 For the first time, Congress specifically addressed the critical factor of demand. n73 TVPRA 2005 authorized a $ 50 million grant for local law enforcement and social services agencies to develop and execute programs targeted at reducing male demand and to investigate and prosecute buyers of commercial sex acts. n74 It also required the Secretary of Health and Human [*665] Services and the Attorney General to research and prepare reports on the best practices for reducing demand for commercial sex acts. n75 TVPRA 2005's recognition of and initial efforts to tackle the demand factor is highly commendable. Nonetheless, more efforts need to be made to understand and effectively combat male demand because it is the primary driver of the sex trafficking industry. n76 IV. The Critical "XY" Factor: Understanding and Addressing the Role of Male Demand in Perpetuating Sex Trafficking A leading anti-sex trafficking activist once remarked that "the root cause of trafficking is demand for commercial sexual services, without which trafficking for purposes of sexual exploitation would dissolve." n77 Thus, the significance of demand for commercial sexual services must be recognized in order to understand the sex trafficking equation. This Comment makes two assumptions in analyzing the demand factor. First, it is virtually impossible to distinguish commercial sexual services provided by trafficked women from those provided by women who voluntarily engage in the commercial sex industry; n78 so this Comment will discuss strategies to decrease the male demand for commercial sexual services in general. Second, the sexual desires and preferences of the male customers who purchase commercial sexual acts (hereinafter "johns") influence and direct all aspects of sex trafficking, from the type of girls that are recruited to the location of the brothels. n79

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DEMAND FOCUSED EDUCATION SOLVES BEST Yen, Iris. Professor of Law at Northwestern University. May 2008. VICE AND MEN: A NEW
APPROACH TO ERADICATING SEX TRAFFICKING BY REDUCING MALE DEMAND THROUGH EDUCATIONAL PROGRAMS AND ABOLITIONIST LEGISLATION Northwestern Law Review. LexisNexis TARGETING MALE DEMAND IS FEASIBLE AND EFFECTIVE Effecting changes in male demand, attitudes, and behaviors is feasible for several reasons. First, psychological studies have indicated that attitudes toward acceptable norms of sexual behavior are malleable, as evidenced by one experiment, which showed that desensitization to the sexual objectification of women can occur quickly through repeated exposure to pornography. n147 In one study, researchers found that increased pornography exposure resulted in more callousness towards violence against women and more acceptance of unusual sexual behavior, such as violent sex. n148 Second, some segments of the heterogeneous john population would be deterred from buying commercial sexual services if [*674] they fully understood the harmful effects on society and serious criminal consequences of purchasing sexual services. n149 Therefore, one should reject the erroneous belief that purchasing sex is natural male behavior, which too conveniently allows johns to escape responsibility for their actions. n150 Targeting male demand is a more effective way to address sex trafficking because unlike their trafficked partners, the majority of johns voluntarily choose to engage in commercial sex. n151 Many johns are smart and rational buyers; they will purchase commercial sex only if the physical and psychological benefits of doing so outweigh the financial costs, legal risks, and social stigma. n152 Patronizing prostitutes can threaten and destroy the johns' own freedom, health, social standing, and perhaps even their lives - once the johns understand the sobering ramifications of their purchase decision, many will choose to make different choices. n153 Male demand causes sex trafficking, yet it is also the weakest link in the sex trafficking chain. n154 Reducing or eradicating sex trafficking is very difficult yet not impossible, but it does require combating male demand and changing deep-rooted cultural norms and practices that devalue women. n155 The norms, attitudes, and resultant behavior can be positively changed through patient re-education of johns and effective enforcement of demand-oriented legislation.

WITHOUT DEMAND SEX TRAFFICKING WOULD END MACDONNELL 02


Margaret MacDonnell has a Master's Degree in Social Work from the Catholic University of America and recently completed an internship in Migration and Refugee Services, U. S. Conference of Catholic Bishops.
http://www.usccb.org/prolife/programs/rlp/macdon02.shtml.

Maria is one of the lucky ones. After a year of forced prostitution in Texas, the INS raided the brothel where she was held captive. She agreed to help prosecute her captors. Several of them are now serving prison sentences in the United States. Maria related her story to the U.S. House of Representatives International Relations Committee in November 2001, concluding her testimony with this plea: I did not come to the United States to be a prostitute. I came to find a better future for my family. No woman or child would want to be a sex slave and endure the evil that I have gone through. ... Please help us and do not let this happen to anyone else. Trafficking in women and children for sexual exploitation would cease to be lucrative of course, and would therefore cease altogether, if there were no customers for the brothels. Certainly U.S. law enforcement agencies have limited resources and may not place a high priority on prosecuting prostitution, so often referred to as "a victimless crime." Authorities should be encouraged to regard the enslavement and forced prostitution of women and children as a heinous crime and to intensify their investigatory and enforcement efforts accordingly.

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STATES C-PLAN
STATES CAN EFFECTIVELY SOLVE THE ROOT CAUSES OF TRAFFICKING Richard, Stephanie, University of Michigan Law School Journal of Law Reform, Winter 2005, 83 U. Mich. J.L. Reform 447, STATE
LEGISLATION AND HUMAN TRAFFICKING: HELPFUL OR HARMFUL? lexis law

Enumerating a specific state offense for human trafficking simplifies the prosecution of these cases. Without specific state trafficking provisions, prosecutors instead must use multiple offenses and prove each element of these crimes. For example, without provisions like those found under Texas and Washington's laws, a state's only option would be prosecuting traffickers for offenses such as assault and battery, kidnapping, false imprisonment, sexual battery, and child abuse. This hybrid approach greatly complicates prosecutorial efforts. Prosecutions under these types of provisions are also inadequate because often penalties are not as severe as those established under the TVPA and similar state statutes. Ultimately, a piecemeal approach to prosecuting human trafficking cannot address the gravity of the crime as a whole. State legislation specifying human trafficking as an offense could more effectively punish the root and heart of the problem. STATES CAN SOLVE TRAFFICKING BETTER THAN THE FEDERAL GOVT Richard, Stephanie, University of Michigan Law School Journal of Law Reform, Winter 2005, 83 U. Mich. J.L. Reform 447, STATE
LEGISLATION AND HUMAN TRAFFICKING: HELPFUL OR HARMFUL? lexis law The Department of State's 2003 Assessment Report of United States Activities to Combat Human Trafficking (2003 US [*460] Assessment) indicated that the government's greatest challenge for the immediate future was to identify and bring forward more victims. A state law criminalizing human trafficking could assist federal identification efforts since it would empower state and local law enforcement with greater knowledge about this problem and provide enforcement mechanisms within their jurisdiction. n63 States with specific human trafficking provisions would be more likely to

implement training and outreach with their own law enforcement personnel. n64 Since local law enforcement officers encounter the majority of human trafficking victims, a state provision criminalizing this offense could mean that victims would be more frequently identified because of the increased awareness of the issue at the state level. Additionally, given the labor-intensive and resource-driven nature of human trafficking investigations, if more responsibility is spread to states for investigation and prosecution of human trafficking cases, it is more likely that significant numbers of traffickers can be stopped. The United States has assisted about 450 trafficking victims since the TVPA's enactment, while current estimates indicate that approximately 17,500 people are trafficked into the United States each year. n66 Presently, the federal government is investigating only 153 trafficking cases. n67 Since January 2001, they have charged,
convicted, or sentenced only 113 human traffickers. n68 Although these figures represent a significant increase from earlier years, the enormous gulf between the estimated number of people trafficked into the United States and the number of open investigations and convictions show that the federal government has only touched the tip of the iceberg when it comes to adequately addressing the problem of human trafficking in the United States. Following the September 11th disaster, many federal resources are necessarily committed to combating domestic and

international terrorist activities. With the Federal Bureau of Investigation (FBI) and other federal investigators focusing on combating terrorists, human trafficking investigations may not receive the attention and manpower it needs and deserves. n69 States empowered by trafficking [*461] legislation may be more likely to use their own resources to fill this gap. There are 17,000 state and local law enforcement agencies in this country. n70 Given these numbers, state initiatives can greatly assist in more effectively addressing the distressingly large nature of this problem.

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STATES CAN PROVIDE SERVICES TO SOLVE FOR TRAFFICKED PERSONS Richard, Stephanie, University of Michigan Law School Journal of Law Reform, Winter 2005, 83 U. Mich. J.L. Reform 447, STATE
LEGISLATION AND HUMAN TRAFFICKING: HELPFUL OR HARMFUL? lexis law

The Washington and Connecticut legislation illustrates how states can efficiently use resources to protect victims of human trafficking and develop appropriate responses to this [*476] growing problem. These types of legislative actions, which focus on the needs of victims, should take place before, or at least in conjunction with, state efforts to
Connecticut has also enacted legislation establishing a state trafficking task force. n133 criminalize human trafficking. States with task forces or protocols will more likely be able to identify victims, ensure that appropriate services are given to

States, however, do not just have to follow the federal provision of the TVPA when addressing this problem. They can also be leaders in combating the problem of human trafficking by taking preventative approaches. This type of state leadership can be seen in the legislation passed in Washington, Texas, and Hawaii that addresses the trafficking-like
victims, and prosecute traffickers successfully for their criminal activities, whether it is under the TVPA or state provisions. abuses which may arise when individuals use mail-order-bride services. n134 Recognizing that persons living abroad who are considering marriage to United States citizens often do not have the means to verify personal history and other background regarding their prospective spouse, Washington, Texas, and Hawaii have implemented legislation requiring international matchmaking organizations conducting business in their respective states to give the criminal and marital history of the state resident to clients considering marriage to the state's resident. The matchmaking organizations must provide these histories in the inquirer's native language and must publicize to its clients that they have an opportunity to request this information. Washington was the first state to address this issue and to pass such helpful legislation. n135 Representatives from Washington have also spearheaded federal efforts to address this issue at a national level. n136 This example shows that states can not only adopt federal approaches on the issue of human trafficking, but can be leaders in the area as well. Undoubtedly, the problem of human trafficking should be an issue that the United States targets and attacks at every level and from [*477] every angle possible. At present, this grave human rights violation is prevalent in our country to such an extent that we have only begun to address the problem. Effectively combating human trafficking in the United States will require the involvement of the federal and state governments.

states should not address this issue in a reactionary manner by merely criminalizing this practice in their state codes. They should carefully consider their own legislative codes and ensure that victims have access to state social services, housing, translation services and any special protections given to crime victims under their laws. States should only enact legislation criminalizing human trafficking if they take the time to consider the needs of victims within the context of their own statutory codes and adopt a holistic approach similar to the federal provisions found under the TVPA. States, unlike the federal government, have a unique opportunity to better study and understand the issue of human trafficking as it specifically relates to their state. Therefore, they are an invaluable resource to both federal prosecutorial efforts and to the trafficked persons themselves. By meeting the needs of victims as quickly and thoroughly as possible, states can assist victims in the process of recovery and also ensure effective prosecution of the criminals involved. Only through a multi-dimensional approach and cooperative efforts can states begin to assist in eradicating this problem in the United States.
However,

STATES SOLVE BETTER Marioconda, Stephanie L, Senior Editor, Boston College Third World Law Journal, Winter 2009, 29 B.C. Third World L.J. 151, BREAKING
THE CHAINS: COMBATING HUMAN TRAFFICKING AT THE STATE LEVEL, lexis law

Another benefit of state anti-trafficking legislation would be the criminalization of human trafficking at the state level, which would facilitate the prosecution of criminals in state court. n206 Without such legislation, prosecutors would be hard-pressed to find suitable charges for perpetrators of trafficking. n207 In addition, this access to state courts would provide quicker and more efficient remedies in many situations. n208 Furthermore, "a greater number of overall prosecutions will have a greater impact on a local level." n209 [*177] Moreover, state legislation will be able to respond to specific needs of its particular territory in an effective manner. n210 From the perspective of victim assistance, each state can design rehabilitative and social service programs specific to victims found within its jurisdiction. n211 In addition, different regions of the country utilize trafficking victims to fulfill different economic needs; accordingly, state legislation can be drafted to more effectively combat issues specific to the area. n212 State legislation would more effectively prevent the importation of trafficking victims along their individual borders.

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BOTTOM UP STATE APPROACHES SOLVE TRAFFICKING BETTER Marioconda, Stephanie L, Senior Editor, Boston College Third World Law Journal, Winter 2009, 29 B.C. Third World L.J. 151, BREAKING
THE CHAINS: COMBATING HUMAN TRAFFICKING AT THE STATE LEVEL, lexis law

state legislation is vital to successfully combat human trafficking. n185 The primary reason such legislation is necessary is because the federal statutory scheme is not effective on the local level. n186 For example, the Mann Act was not intended to combat human trafficking as it exists today; instead, it was intended to eliminate the "white-slave" trafficking within the United States. n187 Accordingly, it does not address trafficking on an international level. n188 In addition, it only addresses trafficking executed for sexual exploitation, and does not criminalize the trafficking
Despite the progress that has been made in combating human trafficking in the United States, of victims for domestic servitude or forced labor. n189 In addition, while the PROTECT Act is a more recent piece of legislation, it also has a very narrow scope with respect to trafficking: domestic and international sex tourism. n190 Ultimately, neither of these pieces of legislation makes significant inroads in the fight against all forms of human trafficking. n191 [*175] Furthermore, while the TVPA and its subsequent reauthorization acts have been heralded for making significant progress in the fight against human trafficking, they still have several shortcomings. n192 One criticism of the TVPA is that it lacks "an

has been labeled "top-heavy," as high ranking officials comprise the vast majority of those who understand how to identify and assist trafficking victims, and yet these individuals are the least likely to encounter such individuals. n194 This topdown approach is dangerous because not only will it permit perpetrators to remain free and victims to remain in danger, but also because "'[a] law without vigorous and effective implementation is worse than no law at all, because it lulls us into the false sense that we have done something to solve the problem.'" n195Another significant critique, which is also an unfortunate reality, focuses on the failure
enforcement arm" to implement its provisions. n193 It of the TVPA to provide relief to trafficking victims. n196 The number of victims who have been certified to receive federal protection and services is "stunningly low." n197 Since the TVPA was enacted in October 2000, only 1379 people have been certified. n198 This figure has a number of possible explanations: it can be attributed to poor implementation of the TVPA and a lack of public awareness about the Act's benefits. n199 In the alternative, the low number could be attributed to the fact that TVPA does not necessarily offer relief to all victims of all forms of trafficking. n200 Regardless of the cause of the problem, [*176] the effect remains clear: the protection and services provided for in TVPA are not reaching those who are in dire need of

. example, states can implement local law enforcement training on how to recognize and appropriately respond to issues related to human trafficking. n203 This training is crucial because local law enforcement agents are far more likely to come across human trafficking than federal-level authorities. n204 Moreover, knowledgeable law enforcement agents would serve as a deterrent, dissuading traffickers from bringing victims into the country.
assistance. n201 State legislation, if drafted correctly, can also bolster the federal legislation combating all forms of trafficking in many ways n202 For

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EMPERICALLY STATES CAN SOLVEMASSACHUSETTS PROVES Marioconda, Stephanie L, Senior Editor, Boston College Third World Law Journal, Winter 2009, 29 B.C. Third World L.J. 151, BREAKING
THE CHAINS: COMBATING HUMAN TRAFFICKING AT THE STATE LEVEL, lexis law

As awareness of the human trafficking industry has disseminated, states responded by enacting various types of legislation to tackle the problem within their borders. n257 Thus far, Massachusetts has drafted the most [*183] comprehensive statutory scheme combating trafficking on the state level, as it not only criminalizes trafficking, but also contains provisions to protect victims and prevent the development of the trafficking industry. n258 To date, thirty-three states have criminalized trafficking as a separate offense. n259 In
Anti-trafficking laws on the state level are a relatively new phenomenon; before 2003, no state had any legislation on the issue. n256 some states, like Louisiana, this is the only mechanism provided by the state to combat human trafficking. n260 The criminalization of human trafficking

the Massachusetts criminal definition of human trafficking is extremely expansive: it explicitly criminalizes the trafficking of individuals to perform forced labor or services, which encompasses any work of economic or financial value, and trafficking for sexual purposes, which includes sexually explicit performances and the production of pornography. n262 The criminal component of the bill is also progressive because it enhances punishment for the trafficking of minors In addition, the legislation of some states--including the bill proposed by Massachusetts--extends beyond criminal provisions and provides services for trafficking victims. n264 Such provisions, although extremely
and offenses related to human trafficking is but one component of Senator Montigny's comprehensive bill. n261 Moreover,
.

necessary, still remain rare in state statutory schemes. n265 When included in a statute, such services are provided for in different ways, including specific enumeration of the required services. n266 The Massachusetts bill specifically creates one program: it requires the Executive Office of Health and Human Services to create a human trafficking safe house. n267 Other states have not specifically required such a program in their legislation. n268

States solve best Local Policy Key.


Shashi Irani , Yeshiva University School of Law, Cardozo Journal of Law & Gender, June 20 , DECENTRALIZING THE FIGHT AGAINST HUMAN TRAFFICKING IN THE UNITED STATES: THE NEED FOR GREATER INVOLVEMENT IN FIGHTING HUMAN TRAFFICKING BY STATE AGENCIES AND LOCAL NON-GOVERNMENTAL ORGANIZATIONS, lexis law Since , including possible benefits regarding immigration status and a federal cause of action against traffickers, n51 it may not be obvious at first why states need their own anti-trafficking laws or initiatives. To be clear, involvement at the state level is not meant to replace measures in the TVPA nor federal efforts created therein, but rather to augment and complement these efforts. Also, suggesting greater state and local involvement is not new, as both Congress and various federal agencies have recognized the need to integrate state and local governments in federal anti-trafficking initiatives and have been promoting various solutions in this regard.

Kara

07

the TVPA already offers federal remedies to trafficking victims

state and local involvement would augment and complement federal efforts for a number of reasons. First of all, incidents of trafficking are local by nature. Thus, state law enforcement officials are the most likely to uncover incidents of trafficking: n53 "[State] officers are often most familiar with the locations, victims, and perpetrators of these crimes in their jurisdiction and provide critical facts and observations that can lead to larger interstate or international investigations." n54 Witnesses are also more likely to call local police rather than federal officials to report trafficking crimes. For example, dialing "9-1-1" to report a crime connects to local police, not federal agents.
n52 Greater

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STATES PROVIDE MORE EFFECTIVE SERVICES


Shashi Irani , Yeshiva University School of Law, Cardozo Journal of Law & Gender, June 20 , DECENTRALIZING THE FIGHT AGAINST HUMAN TRAFFICKING IN THE UNITED STATES: THE NEED FOR GREATER INVOLVEMENT IN FIGHTING HUMAN TRAFFICKING BY STATE AGENCIES AND LOCAL NON-GOVERNMENTAL ORGANIZATIONS, lexis law

Kara

07

getting states involved in anti-trafficking makes sense from a viewpoint of efficiency and resource allocation. Federal anti-trafficking resources are overtaxed. Involving state agencies and NGO's in antitrafficking efforts dramatically increases the number of persons involved in anti-trafficking work in this country. Furthermore, these personnel are already embedded in their communities. They have a visible local presence and in many cases have gained the trust of the local population. Training state and local law enforcement officers alone would add almost one million pairs of eyes and ears trained to focus on human trafficking. n65 Also, beyond investigation and adjudication, state and local law enforcement officials can also help in certifying trafficking victims for rehabilitation and social service benefits - discussed in detail
Third, in Part III. Currently, federal agents are required to review a case to certify the victims involved for benefits, even though these agents may not have any knowledge about the case. n66 These certifications are often delayed because there are not enough federal agents to expeditiously review the growing number of claims, and these delays are only going to increase as more states agencies and NGOs become involved in fighting human trafficking. However,

state and local law enforcement officials have been authorized by Congress to make benefit certifications recommendations which can expedite this process dramatically.
as will be discussed in Part III,

UNIFIED STATE ACTION IS KEY TO SOLVING TRAFFICKING


Michael C. , Kansas Journal of Law & Public Policy, Fall 200 , THE HALF-FOUGHT BATTLE; A CALL FOR COMPREHENSIVE STATE ANTI-HUMAN TRAFFICKING LEGISLATION AND A DISCUSSION OF HOW STATES SHOULD CONSTRUCT SUCH LEGISLATION, lexis law

Payne

, more can and must be done to prevent trafficking into the U.S., to prosecute those who break federal trafficking laws, and to protect victims already on U.S. soil. State-by-state legislation is essential to complement federal laws and to make up for their shortcomings, as well as to establish a unified front amongst all fifty states in the battle against trafficking. Because state and local authorities are often on the front lines of investigating and apprehending traffickers, the wheels of justice would turn more efficiently and effectively in state, rather than federal courts. Additionally, many resources for victims are more readily available on state and local levels than at the federal level. State governments can also take significant steps to prevent the importation of trafficking victims within their borders.
While the federal government and some state legislatures have begun taking action in the battle against trafficking

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EXECUTIVE ORDER C-PLAN


CONDITIONS ON TRAFFICKED PERSONS ACCESS TO SERVICES COULD BE DONE THROUGH EXECUTIVE ORDER ACTION GROUP 08
The Action Group is comprised of: the Alliance to Stop Slavery and End Trafficking, Coalition to Abolish Slavery & Trafficking, Free the Slaves, International Justice Mission, Not For Sale Campaign, Polaris Project, Ricky Martin Foundation, Solidarity Center, and Vital Voices Global Partnership. The Action Group is a U.S.-based, non-partisan group of complementary organizations dedicated to abolishing modern-day slavery and human trafficking. Recommendations for Fighting Human Trafficking in the United States and Abroad Transition Report for the Next Presidential Administration November 2008 http://www.madebysurvivors.com/nl/ActionGroupTransitionMemo2008.pdf.

The next Administration should delink cooperation with law enforcement and eligibility for services to foreign and national victims of trafficking. This should be achieved to the greatest extent possible by Executive action. The current protection paradigm links victim cooperation with law enforcement to access to services. Conditions of this sort should not be placed upon traumatized victims of trafficking who have escaped or been rescued to be eligible to receive assistance that they need to recover. The next President should ensure that victims are entitled to protection services solely because they are victims of trafficking. Any such obstacles to eligibility by victims to obtain assistance should be reversed by Executive action, or by seeking legislative reform if necessary.

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CAPITALISM K
THE AFFIRMATIVE CONSTRUCTS A WORLD THAT DEFINES VICTIMS OF SEX TRAFFICKING AS SLAVES WHILE IT EMBRACES FREEING THEM TO A WORLD THAT ACTUALLY JUST ENSLAVES THEM IN A WORLD OF CAPITALIST EXPLOITATION SODERLUND 05
Gretchen Soderlund is Assistant Director of the Center for the Study of Communication and Society and Lecturer in Sociology at the University of Chicago. NWSA Journal 17.3 (2005) 64-87 http://muse.jhu.edu/journals/nwsa_journal/v017/17.3soderlund.html#authbio The current security regime tends to exalt those victims who can talk back only with difficulty: Iraqi and Afghan women, the unborn, the brain dead, and so-called sex slaves. As largely silent victims, they are neither in a position to make public claims about changing the social system nor to stipulate the conditions under which they might feel free or secure. In the case of trafficking victims, freedom is configured as an escape from "the bleak back rooms of a brothel" and into a ready-made outside world where former sex-slaves can return to sometimes oppressive family structures, work in factories, or serve as nannies and maids for the global bourgeoisie (Ehrenreich and Hochschild 2002). Freedom, as either utopian quest or bedrock of democratic thought, has apparently been downgraded to the ability to engage in wage labor. It seems to me that rather than participating in conservative projects that criminalize either indigenous or migrant prostitution or remove existing medical and legal support, feminists should be working toward creating conditions where all women and men can envision and ultimately participate in their own liberation.

THE CRITIQUE TURNS THE CASE. CAPITALISM CAUSES HUMAN TRAFFICKING REVOLUTIONARY COMMUNIST PARTY 09
http://revcom.us/a/154/commander-en.html.

Capitalist globalization has meant an explosion in the trafficking of human beings. An estimated two million women and children are sold into sexual slavery and exploitation every year. In Lithuania, 20 to 50 per cent of prostitutes are believed to be minors. In Thailand, 800,000 children have been sold into prostitution. Almost 200,000 girls from Nepal, many of them under the age of 14, are working as sex slaves in India.

ELIMINATING CAPITALISM WILL SOLVE TRAFFICKING THE SPARK 2003


http://www.the-spark.net/np710403.html.

This disgusting traffic in humans is supposed to be worth more than seven billion dollars per year, in so far as the amount can be known. All the countries concerned, whether those of the victims' origin, those seeing the traffic come through or those of the traffickers' destinations, scarcely oppose this traffic in humans and sometimes the corruption involves their own police or others at the highest levels of the country. It's not so astonishing. Human traffickers and such mafias are nourished by social catastrophes which cover many countries of the world, catastrophes thanks to the pillage of the planet by the big multinational corporations and the governments which support them. To rid the world of such traffic in human beings, it is necessary to sweep away capitalism, which by definition is all about buying and selling.

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IT IS CAPITALISM THAT IS THE ROOT CAUSE OF THE COMMODIFICATION OF PEOPLE THAT LEADS TO TRAFFICKING ZDROJEWSKI 08

The Development of Sex Trafficking in Central America


By Kate Zdrojewski In HUMAN RIGHTS AND HUMAN WELFARE http://www.du.edu/korbel/hrhw/digest/trafficking/Trafficking.pdf
The Commoditization and Victimization of People Traditions of colonialism and capitalism have made people and products interchangeable, thus legitimizing the unequal treatment of people based on race, class, gender, and culture. This racism is often invisible and is manifest in government policy and institutions, and supports the power dynamic between the privileged, white population and the marginalized, dark-skinned population. This is evident in that most individuals targeted for trafficking are of color and poor, and most clients are white and wealthy. As disadvantaged individuals are forced into sexual exploitation, they are moved into forms of labor that objectify and mechanize their bodies. This commoditization effectively creates a supply of vulnerable individuals that fall victim to trafficking as a result of economic instability, family disintegration, and prevalent attitudes that objectify women and children. Traffickers prey on the hopes and fears of their victims, promising them lucrative employment opportunities across the border. Once traffickers have a victim at their disposal, they use any means necessary to control and ensure their victims cooperation in selling cheap sex and labor which often includes threats, sexual assault, and drug addiction.

THE CRITIQUE SOLVES. ONLY EMBRACING AN ETHICAL REJECTION OF CAPITALISM CAN ELIMINATE THE CAUSES OF EXPLOITATION HAYNES 09
Dina Francesca Haynes- Dina Francesca Haynes is an Associate Professor of Law at New England Law Boston Notre Dame Journal of Law, Ethics & Public Policy 23:1 LEXIS

In order for human rights laws to be enforced or enforceable to protect against exploitation, we must first develop a global sense of ethical duty which compels us to recognize the havoc we wreak by allowing exploitation to continue, quietly, privately, tucked away, and in service to the rollicking economy. What are we really gaining from the global economy? We gain the ability to live more comfortably and buy more things. But if confronted with the fact that being able to live more comfortably and buy more things comes at the expense of human suffering and exploitation, would we be so quick to embrace those things? Exploitation must be brought out into the light of day, rather than tucked away and hidden within the private sphere of a public economy, forcing those of us who benefit from the labor of the exploited to determine whether our cheap goods and comfortable lives at the expense of the exploited are worth the exchange.

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SECURITY K LINKS
Securitization of human trafficking happens not just when we use discourse as security, but when we represent them through organized crime, immigration and prostitution. The Aff further reinforces this by interlinking the concepts, using statistic and presenting them as professional. Aradau, PhD in politics and international studies, 08
(Claudia, Rethinking Trafficking in Women, Palgrave Macmillan, Pg 50)

the securitization of trafficking is not necessarily a discourse that utters security in relation to trafficking. It is by being represented as a form of organized crime, illegal migration and prostitution that human trafficking acquires the threat connotations of the former. It is by drawing lines of division and exclusion that interventions in the field of human trafficking are securitizing. Representations that take up other categorizations are subject to vectoral transformations. These representations are directed and modified by the initial categorizations. Yet, vectoring does not only happen through linguistic cohabitation or transference, but takes place in a field where professionals place these issues together, interlink them and devise interventions to manage them. At the same time, the first chapter has also shown that the field of human trafficking is variously configured by different forms of knowledge beyond those that belong to security professions. The authority of statistics that Bigo mentioned as instrumental in establishing a regime of truth is only partial, always in need to be supplemented by other forms of knowledge.
As the first chapter has suggested,

When human trafficking is talked in terms of how to regulate and fix the problems, the concepts becomes integrated into the same sort of security logic. Aradau, PhD in politics and international studies, 08 (Claudia, Rethinking Trafficking in Women, Palgrave Macmillan, Pg 3) The problematization of human trafficking refers to how human trafficking becomes an object of regulation, what elements constitute it and what 'ordered procedures for the production, regulation, distribution, circulation and operation of statements' about human trafficking are given as truthful (Foucault, 1980: 133). By being derived from social phenomena that are problematized in terms of security, human trafficking is subjected to the same ordered procedures of production, regulation and circulation of statements. These ordered procedures do not only make visible human trafficking as an object of knowledge, they also obscure contradictory statements in the regulation of the 'truth' about human trafficking.4 Although trafficking is not defined as a security issue the same way that terrorism is, it is part of a 'domain of insecurity' (Huysmans, 2006), already delineated by illegal migration, organized crime and prostitution.

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Representations of trafficked people are inevitably tied into security logic, even though the Status Quo tries to ignore it. Aradau, PhD in politics and international studies, 08 (Claudia, Rethinking Trafficking in Women, Palgrave Macmillan, Pg 15-16) representations are not natural constituents of trafficking, but are already framed in a discourse of security. Concerns with human trafficking are inseparable from the establishment of an area of security, freedom and justice, and various EU documents, most recently the Hague Programme, have not failed to point
These out the connections (Council of the European Union, 2004). Despite the conspicuous presence of security as an assumption in the EU documents dealing

security is mostly absent from the frameworks envisaged in the research on human trafficking. Its fleeting appearance in an OSCE document in 1999 has not led to any substantial engagement with the relation between
with trafficking in persons, security and human trafficking (OSCE, 1999). Human rights activists and other state and non-state practitioners in the field of trafficking have eschewed

When security is mentioned or a rhetoric of threat and danger is at play, their role is still not explored.
the question of security. Books or journal articles on trafficking often do not even mention 'security' as a concern.

Talking about human trafficking in the context of government intervention renders the trafficked as part of the problem and renders all knowledge just as a tool for its end. Aradau, PhD in politics and international studies, 08 (Claudia, Rethinking Trafficking in Women, Palgrave Macmillan, Pg 19) g]overning a sphere requires that it can be represented, depicted in a way that both grasps its truth and re-presents it in a form in which it can enter the sphere of conscious political calculation' (Miller and Rose, 1992: 182). Governing trafficking requires first the conceptualization of the situation and the set of relations at work, as governing is only possible under a certain description. The problematization of human trafficking involves competing attempts to depict the domain of trafficking in a way that grasps its real nature and represents it as a field for governmental intervention. Governmentality involves the representation of objects from reality as problematic, thereby attempting to reorder reality in terms of solvable problems. The goal of much of the literature on trafficking is to understand the 'real' nature of trafficking, thus being able to propose adequate solutions for dealing with this problem. The 'real' nature of trafficking entails the creation of a regime of truth about an object of
As Rose and Miller have put it, '[ knowledge.

The knowledge of the problem of trafficking is, however, not restricted to the knowledge of an object. It also needs to provide adequate knowledge about the subjects of governmental interventions: traffickers and trafficked people, migrants or sex workers, as well as all other categories which potential trafficked persons can encounter (clients, police, etc.). Knowledge about the people who are part of the phenomenon and their relations is seen as instrumental for better overall knowledge about trafficking, as well as for devising better ways of shaping their conduct.

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By intertwining organized crime and human trafficking, all security constructions follow into the realm of human trafficking. This causes women to be suspected of being not victims at all. Aradau, PhD in politics and international studies, 08 (Claudia, Rethinking Trafficking in Women, Palgrave Macmillan, Pg 28-29) human trafficking is often simply integrated in the looser catagory of crime. As the feminist abolitionist Donna Hughes has put it, without recruiters, traffickers and pimps, trafficking in women would not exist (Hughes, 2000: 10). More generally, human trafficking can only exist and be explained in relation to crime. In this approach, organized crime is no more of a theoretical construct than illegal migration was for the migration literature. What remains unquestioned is the intervening power of its categorizations and the effects these entail upon those who are categorized. By considering organized crime as a natural given to be adequately grasped and problematizing human trafficking in terms of organized crime, this literature implicitly takes up the construction of these problems as threats and the interventions associated with it.
More than just a form of organized crime, This does not mean that critical engagement with the description of organized crime is lacking. Wijers and van Doorninck have noted that a criminal

a criminal approach can expose women to secondary victimization, risks of retaliation from the perpetrators, harassment by the authorities in the home country or stigmatizing exposure to the home community.
approach focuses on individual victims and perpetrators, leaving aside structural causes (Wijers and van Doorninck, 2002). Moreover, they warn that However, these critiques are unable to replace a general construction of organized crime as a threat to society by individual concerns of clearly limited

Organized crime is already located in a securitized discourse which vectors human trafficking and establishes a logic of suspicion for trafficked women. Trafficked women are continually suspected of not being genuine victims, of taking advantage of the system or, even worse, of being involved themselves in these networks. The cases of victims of trafficking who later on become recruiters
groups. themselves are used as examples of the ubiquity of networks and their power of infiltration.

As organized crime is viewed as a threat, it legitimizes the state to take action. Aradau, PhD in politics and international studies, 08
(Claudia, Rethinking Trafficking in Women, Palgrave Macmillan, Pg 42-43)

the concept underwent successive extensions given that other threats, non-military in nature, were seen as endangering the state. Organized crime, to take an example closely related to trafficking, has been considered as a potential entry on the list of 'real' security threats. By weakening state institutions, organized crime is analysed as an objective threat to sovereignty. Organized crime infiltrates the legitimate business and political elites and reaches a 'symbiotic' phase in which it becomes fully integrated into the political structure, as in the example of Italy, where the Mafia became closely connected with the
Later on, Christian Democratic Party (Lupsha, 1996: 24).

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Impact: Extinction
Security ensures the extinction of our species. Being is reduced to a global currency of power than allows the globalization of politics to perpetuate a self-fulfilling system of securitization. Dillon- lecturer in politics and international relations Michael @ University of Lancaster- 1996
Politics of Security: Towards a political philosophy of continental thought. Pg 14-15 The way of sharpening and focusing this thought into a precise question is first provided, however, by referring back to Foucault; for whom Heidegger was the philosopher. Of all recent thinkers, Foucault was amongst the most committed to the task of writing the history of the present in the light of the history of philosophy as metaphysics. That is why, when first thinking about the prominence of security in modern politics, I first found Foucaults mode of questioning so stimulation. There was it seemed to me, a parallel to be drawn between what he saw the technology of disciplinary power/ knowledge doing to the body and what the principle of security does to politics.What truths about the human condition, he therefore prompted me to ask, are thought to be

What work does securing security do for and upon us? What power-effects issue out of the regimes of truth of security? If the truth of security compels us to secure security, why, how and where is the grounding
secreted in security? compulsion grounded? How was it that seeking security became such an insistent and knowledge through representation-calculative thought, technology

Above all, how are we to account- amongst all the manifest contradictions of our current (inter)national systems of security: which incarcerate rather than liberate; radically endanger rather than liberate; radically endanger rather than make safe; and engender fear rather than create assurance for that terminal paradox of our modern (inter)national politics of security which Foucault captured so well in the quotation that heads this chapter.5 A terminal paradox which not only subverts its own predicate of security, most spectacularly by rendering the future of terrestrial existence conditional on the strategies and calculations of its hybrid regime of sovereignty and governmentality, but which also seems to furnish a new predicate of global life, a new experience in the context of which the political has to be recovered and to which must then address itself: the globalization of politics of security in the global extension of nihilism and technology, and the advent of the real prospect of human species extinction.
and subjectification?

Securitization is the root cause of all your harms, it creates an endless cycle of violence Aradau 1 (Claudia, Research Associate in the Centre of International Relations, Department of War Studies, Kings College London, http://venus.ci.uw.edu.pl/~rubikon/forum/claudia2.htm) Survival refers not only to the fear of death, but implies countermeasures, the extraordinary measures of the CoS. Michael Dillon has formulated the appeal to security as necessarily implying a specification, no matter how inchoate, of the fear which engenders it and hence calls for counter-measures to deal with the danger which initiates fear, and for the neutralization, elimination or constraint of that person, group, object or condition which engenders fear.[13] These countermeasures are directed at the other, the enemy to be eliminated. Or in metaphoric terms, to use Jef Huysmans favorite analogy society-garden, counter-measures refer to unearthing the weeds threatening the harmonious growth of the garden.[14] The metaphor of war is constitutive of what both Ashley and Campbell have called the paradigm of sovereignty.[15] In Campbells formulation, sovereignty signifies a center of decision presiding over a self that is to be valued and demarcated from an external domain that cannot and

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will not be assimilated to the identity of the sovereign domain.[16] This process of demarcation of friends and enemies, delineation of boundaries of order versus disorder has been the prerogative of the sovereign state, provider of security within its boundaries and preserver of law and order. The injunction to preserve the internal order of the modern harmonious garden has targeted both internal and external enemies, the weeds that need to be rooted out for the benefit of the political community. As the war on drugs will clearly illustrate, this approach is highly ambiguous for a political community predicated upon tahe friend/enemy differentiation. In this political community constituted upon the logic of war, securitizing moves are only liable to breed insecurity. Elimination of enemies or their circumscribing is the ultimate goal of war. Thus the sovereign logic of security ultimately endangers, threatens those who threaten us and in this sense it has disquieting effects on the political community. Moreover, the mutual constitutiveness of threats and threatened objects leads to a spiral of enemy constructions. The enemy needs to be eliminated and at the same time the very identity of society, for example, depends on enemy construction. The war logic of security is thus likely to lead to a paradoxical story, in which security is only likely to breed more insecurity and eventually violence. Security discourse affirms the logic of biopolitics, giving the state the power to define life and death Dillon 7. (Dillona, Michael. Department of Politics and International Relations, Lancaster University. Governing Through Contingency: The
security of biopolitical governance. Political Geography Volume 26, Issue 1, January 2007, Pages 41-47) The wider political ramifications and implications of the emergence of biopolitically governing through contingency were, however, also somewhat anticipated by Foucault in the earlier SMD lectures. There he reflected on how the new technology of governmental biopower, le dispositif de scurit, is addressed to, a global mass that is affected by overall processes characteristic of birth, death, production, illness and so onnot individualising but, if you like, massifyinga biopolitics of the human race (Foucault, 2003: 242243). Such a dispositif also, however, installs an impratif, something that consists in dynamics that comprise both a powerful self-generating logic as well as a space of problematisation. In the first lecture of STP Foucault also noted how

the operation and proliferation of mechanisms of security continually inflated the concern with security. Echoing the daunting observation made elsewhere that a certain threshold of modernity is reached when it wagers the life of the species on its political strategies (Foucault, 1987: 143), Foucault goes so far presciently as to say there that the general economy of power is in the process of becoming an order of security with society dominated by security technologies that put le destin biologique in question (Foucault, 2004b: Lecture 1). Government has thus to take into account the nature of the thing to be governed. In biopolitics the referent object of governance is life; specifically, in the beginning, population. Life, especially the life of populations, is characterised by contingency. Contingency is not arbitrary chance. It represents a complex discourseset of truth-telling practicesabout the knowledge of uncertainty. In retrospect, we can therefore see that the question of contingency, or the aleatory, arises for Foucault as one of those factical elements or natural processes to which liberal governmentality must attend, with which it must deal and in relation to which it has to regulate and evaluate its own performance and effectiveness in its ambition to exercise power over life. In governmental terms, the contingent features that life and populations display are not an ideological disguise for the operation of some hidden interests and they are not part of a dialectical historical process. They are a function of truth-telling practices of the life sciences, uncertainty and risk. These perform a whole variety of governmental as well as scientific functions, not least in telling different stories about different categories of living things and their governability, as well as what falls into the category of living thing as such.

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Alt Solvency
Individual rejection of securitization solves it opens a site for alternate practices which solve. Darby 6 (Professor of Political Science at the University of Melbourne, Alternatives, Volume 31, Issue 4:
Security, Spatiality, and Social Suffering, GaleGroup)

look to the everyday and to the understandings and experience of ordinary people. Proceeding in this way carries the prospect of loosening the linkage between security and the state. A space may thus be cleared for thinking security differently and for locating a politics of security within society, rather than above it. Such an approach brings into the ambit of security international processes that generate fear and suspicion and impinge on peoples' opportunities and well-being. Think, for instance, of the atomization
This grim reflection takes us back to security and serves to introduce a crucial proposition: the need to of neoliberalism, the feminization of poverty, the rising stigma of social and cultural difference. So also, within nation-states, it brings into reckoning the role of state power in setting the forms of acceptable identity, the limits of dissent, and the parameters for exploring different forms of community.

Against this background, the nub of our concern is to flesh out the ways in which the everyday constitutes a site for alternative security practices in which local people take the initiative or at least play a major role. An archive needs to be developed on neighborhood and more-dispersed practices of self-securing, the shaping and use of public space to provide meeting places, and on the role of dissent as a form of community building. By working along such lines, people who are usually left out of account would be brought into security discourse: victims, the marginalized, those in pain and suffering. (One might think of the process as analogous to taking account of the views of people
defeated in war.) For the most part, the stories recounted are likely to be at some remove from the researcher's own experience. Issues of positionality are therefore involvedm and the research would need to go forward collaboratively. Although not concerned with security as such, the best source of which I am aware for work of this nature is Partha Chatterjee's account of what he calls "popular politics" in Calcutta. (21)

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AT: DEHUMANIZATION
NO SOLVENCYDEHUMANIZATION IS INEVITABLE. THE INSTITUTIONAL CONSTRUCTION OF PEOPLE AS DATA CAUSES DEHUMANIZATION WILMETH 09
Kevin, Anchorage Examiner
world-one-word-at-a-time. http://www.examiner.com/x-8434-Anchorage-Libertarian-Examiner~y2009m7d8-Dehumanizing-the-

It is my goal, here, to advocate for human beings. This is somewhat inherently depressing in our increasingly dehumanized world, but it seems wise to remain aware of the trend, if not happy about it. And so I've been thinking a lot lately about how it is that humans can dehumanize life. Above all, we substitute institutional abstractions for real people. Institutions have for some time now referred to their people not as people, but as human resources--which implies a fungible commodity to be exploited in the furtherance of the institution's interests. Almost everyone has one or more tracking numbers designed to normalize us in the eyes of institutions: the state (at all its levels), various corporate interests, et cetera. We all understand the dehumanizing aspect of that: "I'm a person, not a number." And yet our institutions, by definition, cannot understand this. The attributes of real people become mere data. The actions of real people become data. And then this mass of data, itself, becomes an abstraction for "the average person", who I am not sure I've ever met, but who is then assumed to be the demographic for the institution using the data--the standard by which everyone is now judged. I don't know about you, but this "demographic" seems to have evolved to represent fewer and fewer people that I actually know, and at the same time, those outside the demographic are increasingly marginalized--that is, pressured to fit in, as institutions increasingly only address the "core" demographic. What's the point of all this? Why the big push to make us all the same, to punish those who don't fit in for some reason or another? Mother Nature certainly doesn't operate this way. She celebrates diversity, not uniformity. Mutation, adaptation, chaotic (that is, anarchic) interaction, completely decentralized behavior--these are the hallmarks of every other life form in the history of the planet--and of the gloriously harmonious, adaptive, sustainable world we have around us. What makes us so arrogant to presume that we've got a better idea? More to the point, have you noticed that all of this dehumanizing is an inevitable result of institutional, top-down, collectivist thinking? Isn't it peculiar that institutions--collectives that have become their own raison d'etre--thrive on and thus promote the dehumanization of those who comprise them? How on earth is this sustainable?

DEHUMANIZATION IS INEVITABLE AKE 01 Stacey, metanexus magazine http://www.metanexus.net/magazine/ArticleDetail/tabid/68/id/5135/Default.aspx.


Moreover, history shows us that the dehumanization of our fellow human beings is an ever-present pastime. And if we dehumanize our "equally created", naturally produced fellows, the slope need not even be lubricated in order to lead to the dehumanization of our "differently created" cloned fellows. And since this will to dehumanization seems to be either inherent or inevitable in human life, let us look at three possible outcomes of this will: namely, cloning and slavery, cloning and designer humans, and cloning and organ harvesting.

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MEDICAL TECHNOLOGY MAKES DEHUMANIZATION INEVITABLE WEST 07 Thomas, ENCYCLOPEDIA OF DEATH AND DYING
Dehumanization is the process of stripping away human qualities, such as denying others their individuality and self-esteem. With the rapid increase in medical technology many basic human qualities surrounding the care of the dying have been lost. Dehumanization is like a form of self-death that now often precedes physiological death owing to the institutionalization of the dying. For millennia the process of dying and the presence of death were both close and familiar realities of everyday life. Many people died in the bed they were born in, surrounded by their family and friends. Called "tame death" by the French philosopher and death expert Philippe Aris, it was natural, expected, and integrated into the rhythms of life. The Russian novelist Leo Tolstoy, in his epic work War and Peace (1869), comments that when a relative is sick the custom is to seek professional care for him or her, but when a loved one is dying the custom is to send the professionals away and care for the dying within the family unit. The naturalness to dying that Tolstoy describes has undergone a radical shift in the modern era. The history of medicine was originally the art of personal caring and compassion. Since the Enlightenment, what was originally an art has become more clearly a science. In the twenty-first century the science of medicine focuses on curing disease and thus views death as a defeat. It is no longer natural or tame, but fearsome and strange. Increasingly it is the disease and not the individual being treated. The equally rapid development of medical technology has blurred the border between life and death. Life-sustaining machines have initiated new definitions of death, such as "brain death," into the medical lexicon. Medicine has become an increasingly technological profession. This has led to the modern phenomenon of dying when the machines are shut off or what the philosopher Ivan Illich calls "mechanical death." Illich states that mechanical and technical death have won a victory over natural death in the West. H. Jack Geiger notes that the dehumanizing aspects of health care mainly deal with the loss or diminishment of four basic human qualities: the inherent worth in being human, the uniqueness of the individual, the freedom to act and the ability to make decisions, and the equality of status. While all people are worthy of the same care and attention from health care services, people instead receive it according to their social and economic status. Basic human services and all aspects of the health care are distributed unequally throughout society depending on economic and political power and status. This implicit loss of human worth is especially dehumanizing for the poor and marginalized in society. The medicalization of the dying process, enhanced by increasing technology, has resulted in increased isolation and dehumanization of the dying. People are surrounded by machines in intensive care units rather than by their families at home, and often people are treated as objects without feeling. The scholar Jan Howard notes this often occurs with acute care patients who are seen not as unique individuals but as extensions of the life-sustaining machines they are attached to at the end of their lives. Dehumanization of the dying acts to lessen the impact of death for survivors in a death-denying culture.

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ADDITIONAL K LINKS
THE RHETORIC OF SLAVERY IS FLAWED. THE FREEING OF TRAFFICKED PERSONS ASSUMES THAT A LIFE OF LOW WAGE EXISTENCE IS BETTER A VIEW THAT MANY TRAFFICKED PERSONS REJECT SODERLUND 05
Gretchen Soderlund is Assistant Director of the Center for the Study of Communication and Society and Lecturer in Sociology at the University of Chicago. NWSA Journal 17.3 (2005) 64-87 http://muse.jhu.edu/journals/nwsa_journal/v017/17.3soderlund.html#authbio In the current context, no practice or set of relationships is referred to more often as slavery than that of sex trafficking. It is commonplace to hear trafficking referred to as "modern day slavery" or "virtual sexual slavery" by activists, nongovernmental organizations (NGOs), and journalists. Like Progressive era anti-prostitution social reform movements, early 21st century anti-trafficking movements draw on the rhetoric of abolition to underscore the urgency of their cause. Central to such rhetoric is the construction of captivity and freedom as diametrically opposed states of existence. Yet in current sites and practices of abolitionist intervention the line between rescuers and captors has become increasingly blurry. While the stories abolitionists tell about their interventions tend to focus on the moment of the raid and the successful delivery of the rescued slaves to safe houses, events that occur in the aftermath of raids often belie the claim that all of the rescued women are sex slaves held captive and against their will in brothels. Reports from sex worker rights organizations and testimonials from individuals who manage shelters suggest that rescue [End Page 65] escapes are exceedingly common throughout India and Southeast Asia. It appears that while some women use brothel raids and closures as an opportunity to leave the sex industry, others perceive the rehabilitation process itself as a punitive form of imprisonment thereby complicating the captivity/freedom binary asserted by abolitionists. Journalist Maggie Jones's interviews with safe house managers indicate that shelter escapes are commonplace in areas where anti-trafficking groups are currently targeting their efforts (2003). The manager of the Phnom Penh home that took in the 37 prostitutes after the Dateline-initiated raids reported to Jones that at least 40 percent of the women and girls taken to his shelter escape and return to work in Svay Pak's brothels. Indeed, six of the teens taken by MSNBC/IJM had run away from the home within a week of the televised busts. When Phil Marshall of the United Nations Project on Human Trafficking in Southeast Asia's Mekong Region was asked by Jones what he thought of current rehabilitation strategies, he said he had "never seen an issue where there is less interest in hearing from those who are most affected by it" (Jones 2003,1). In 2003, Empower,1 a sex workers' advocacy program, issued a report documenting a brothel raid in Chiang Mai, Thailand conducted by International Justice Mission in which several of the 28 arrested (or "rescued," in abolitionist parlance) Burmese women escaped from a local institution in the first 24 hours. According to Empower, the raidconducted ostensibly for humanitarian purposestook on many of the same features as a criminal arrest: By the end of the month, more than half of the women had escaped from the shelter. What does it mean that so-called sex slaves often thwart rescue attempts? Is it intellectually and ethically responsible to call every instance of a practice "slavery" when many women involved demonstratively reject the process of protection and rehabilitation, and when they escape from supposed rescuers who aim to force them out of a life of prostitution ("captivity") and into a life of factory work or employment in the low-paying service sector ("freedom")?

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APPEALS TO THE NEED TO PROTECT TRAFFICKED VICTIMS ENTRENCHES A RELIANCE ON THE STATE THAT LEGITIMATES STATE VIOLENCE KAPUR 02
Ratna, Visiting Professor of Law, New York University School of Law; Director of the Centre for Feminist Legal Research, New Delhi, India The Tragedy of Victimization Rhetoric: Resurrecting the Native Subject in International/Post-Colonial Feminist Legal Politics Harvard Human Rights Journal http://www.law.harvard.edu/students/orgs/hrj/iss15/kapur.shtml

Finally, the victim subject and the focus on violence invite remedies and responses from states that have little to do with promoting womens rights. Thus, a related concern is that the victim subject position has invited protectionist, and even conservative, responses from states. The construction of women exclusively through the lens of violence has triggered a spate of domestic and international reforms focused on the criminal law, which are used to justify state restrictions on womens rightsfor the protection of women. The anti-trafficking campaign, with its focus on violence and victimization, is but one example. The government of Nepal restricts women under thirty from traveling outside of the country without the permission of a husband or male guardian as part of an anti-trafficking initiative.[18] Early feminist interventions struggled to move away from such protectionist responses through anti-discrimination discourse. However, the VAW campaigns, which are contingent on the victim subject, have taken feminists back into a protectionist and conservative discourse. Furthermore, these interventions reinforce womens victim status. The exclusive focus on finding resolutions through appeals to the state fails to consider the relevance to the womens rights agenda of new players in the public sphere who are de-centering the power of sovereign states.

THE AFF FOCUS ON PROTECTING VICTIMS ENTRENCHES THE AUTHORITY OF THE STATE AND ENTRENCHES OPPRESSION KAPUR 02
Ratna, Visiting Professor of Law, New York University School of Law; Director of the Centre for Feminist Legal Research, New Delhi, India The Tragedy of Victimization Rhetoric: Resurrecting the Native Subject in International/Post-Colonial Feminist Legal Politics Harvard Human Rights Journal http://www.law.harvard.edu/students/orgs/hrj/iss15/kapur.shtml

Finally, feminists and human rights scholars must acknowledge and engage the new arenas of power that manifest themselves in todays globalized world. In this world, the actions of non-state actors have a significant impact on womens lives and womens rights.[115] The womens human rights movement exposed the ways in which power impacts womens rights and womens lives at many different levels,[116] but the focus on the victim subject and on violence has failed to develop this. By resorting to an exclusive focus on the victim subject and on womens experience of violence, feminists fell back onto an understanding of power (one that has also informed traditional human rights standards) as monolithic and emanating from a coherent sovereign.[117] For example, addressing crimes against women without simultneously addressing their lack of civil and political rights assumes that the cause and the cure for violence lies with the state, specifically in the guise of the criminal law.[118] By falling into the sovereignty trap, feminists have failed to address the power eruptions that have occurred as a result of global integration and market activity.[119] Power eruptions are taking place in a myriad of spaces: in the information technology revolution, in satellite broadcasting, and through the increasing interventions of non-governmental organizations, religious institutions, the World Trade Organization, and other trade and financial institutions.[120] The most obvious shifts in power from state to non-state actors have occurred in connection with market actors. The human rights movement is becoming acutely aware of the limitations of a human rights strategy that is tied to a state analysis, given the entry of supernational non-state actors into the market and the international arena.[121] Economic globalization has emerged as a powerful force in structuring transnational systems of power as it simultaneously effects shifts in the locations and operations of power between genders, within families, in the workplace, and between the West and the Rest.[122]

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THE AFF ANTI-TRAFFICKING RHETORIC CONSTRUCTS THE OTHER AS VICTIM AND LEGITMATES STATE VIOLENCE KAPUR 02
Ratna, Visiting Professor of Law, New York University School of Law; Director of the Centre for Feminist Legal Research, New Delhi, India The Tragedy of Victimization Rhetoric: Resurrecting the Native Subject in International/Post-Colonial Feminist Legal Politics Harvard Human Rights Journal http://www.law.harvard.edu/students/orgs/hrj/iss15/kapur.shtml

The VAW agenda is contingent on the victim subject. It is a subject that provides the common foundation on which to build a shared movement and vision. But it is also a subject that is ahistorical, invoked by scholars and activists alike to analyze issues concerning women from the lens of a universal, unemancipated subject. It has invited, at times, imperialist responses towards women in the developing world, by accentuating the difference between First World and Third World women. In this Section, I examine how victimization rhetoric has reinforced an imperialist response towards women in the developing world whereby the Third World subject is represented as the real, or most authentic, victim subject.[56] The move to integrate cultural diversity into a gender analysis was intended to counter the gender essentialism that has characterized the womens human rights campaign. However, this move has been approached through the spectrum of violence, which has reinforced cultural essentialism and the construction of the Other as backward and uncivilized. The result is that international feminist legal politics has reinforced the representation of the Third World woman as thoroughly disempowered, brutalized, and victimized: a representation that is far from liberating for women. Moreover, in some respects, it recreates the imperialist move that views the native subject as different and civilizationally backward. The image that is produced is that of a truncated Third World woman who is sexually constrained, tradition-bound, incarcerated in the home, illiterate, and poor. It is an image that is strikingly reminiscent of the colonial construction of the Eastern woman.[57] Current scholarship on trafficking and prostitution that takes place in the post-colonial and Third World evokes such imagery. Kathleen Barrys work on trafficking, which has been extremely influential in this debate, recreates this colonial imagery.[58] Barry argues that prostitution is violence against women and that it reduces all women to sex. She argues that prostitution is per se a violation of womens human rights. Any woman who migrates for prostitution or to work in the sex trade is also a victim of human rights violations. Barry locates trafficking of women in pre-industrial and feudal societies, where women are excluded from the public sphere, and contrasts them with post-industrial, developed societies, where women have been economically independent and prostitution is normalized.[59] The consequence of this kind of argument is that women in the Third World and non-Western world are represented as ignorant, illiterate, tradition-bound, domesticated, and victimized. As Kamla Kempadoo states, Barrys representation of the Third World woman leaves her not yet a whole or developed person; instead, she resembles a minor needing guidance, assistance, and help.[60] In striking contrast to this emaciated image stands the image of the emancipated Western woman; she has control over her income, her body and her sexuality.[61] The analysis is structured along the contours of colonial thought: the assumption being that women in the Third World are infantile, civilizationally backward, and incapable of self-determination or autonomy.[62] Infantilzing women in the Third World reproduces the colonialist rationale for intervening in the lives of the native subject (to save those incapable of self-determination) in order to justify the rescue operations advocated by Barry and others. The strategy espoused by Barry has invited legal interventions on issues of trafficking in the international arena that reinforce the victim status of women.[63] These proposals fail to draw a distinction between consent and lack of consent when it comes to trafficking.[64] This approach has implications for all women, whether they are forcefully trafficked or migrate voluntarily (even if primarily for economic need), and has specific implications for women in the Third World.[65] While women are increasingly encouraged to avail themselves of opportunities outside the confining domestic familial arrangement, these new approaches send a strong message. Women who move are invariably regarded as victims of trafficking, conflating migration (legal or illegal) with trafficking, lending to the notion that the solution lay, in part, in directing governments to draft legislation to keep their people at home.[66] As demonstrated in the context of anti-trafficking, these representations invite state responses, primarily in the area of criminal law, that perpetuate gender and cultural stereotypes. Moreover, foregrounding the state neither addresses nor accounts for the myriad actors that have entered the international arena and become contenders in the play for power, or the impact their activities have had on womens lives.[67] Globalization is challenging the traditional structures of sovereignty and of state power as it simultaneously alters domestic and familial arrangements. What are the implications of these shifting alignments on womens rights? On the rights of Third World women? On feminist legal politics? These questions cannot be adequately addressed within the exclusive matrix of a state/VAW/victim-centered analysis.

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THE RHETORIC OF VICTIMIZATION OF THE 1AC ENTRENCHES RACISM AND MORAL REGULATION BY THE STATE KAPUR 02
Ratna, Visiting Professor of Law, New York University School of Law; Director of the Centre for Feminist Legal Research, New Delhi, India The Tragedy of Victimization Rhetoric: Resurrecting the Native Subject in International/Post-Colonial Feminist Legal Politics Harvard Human Rights Journal http://www.law.harvard.edu/students/orgs/hrj/iss15/kapur.shtml

In the international arena, the victim subject, in the context of the primary focus on violence against women, creates an exclusionary category built on racist perceptions and stereotypes of Third World women. This category is disempowering and does not translate into an emancipatory politics. It produces the fiction of a universal sisterhood, bonded in its experience of victimization and violence. There is no space in this construction for difference or for the articulation of a subject that is empowered. Indeed, the victim subject collapses easily into Victorian/colonial assumptions of women as weak, vulnerable, and helpless. It also feeds into conservative, right-wing agendas for women, which are protectionist rather than liberating.[125] Additionally, it encourages states to resort to the criminal law to address womens rights issues, an arena of law in which nation-states enjoy the powers of moral surveillance and regulation. In challenging the universalizing and disempowering implications of foregrounding the victim subject in feminist legal politics, I do not seek to revert to the fragmenting politics of identity. Instead, I argue in favor of recognizing different subjectivities and peripheral subjects, primarily to counter the fictitious homogeneity and sisterhood created through the victim subject.[126]

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ORGANIZED CRIME
) No link: organized crime and terrorism arent linked Schmid, scholar in terrorism studies, 2005
[Alex Schmid, former Officer-in-Charge of the Terrorism Prevention Branch at the UN, Links between Terrorism and Drug Trafficking: A Case of Narco-terrorism, Safe Democracy Foundation, January 27, 2005, http://english.safe-democracy.org/causes/links-between-terrorism-and-drug-traffickinga-case-of-narcoterrorism.html]

it is not prudent to lump drug trafficking organized crime groups and terrorist groups together. There are links, yes, but there are also important motivational and operational differences between terrorist groups and organized crime groups. One of the questions that needs
On the whole, it would appear that to be answered is whether terrorism on the one hand, and drug trafficking as a form of transnational organized crime, on the other hand, are rooted in the

A recent study by a research team of the US Library of Congress has indeed suggested this and attempted to identify ten factors making a nation hospitable to transnational crime and terrorism: 1. official
same environment. corruption, 2. incomplete or weak legislation, 3. poor enforcement of existing laws, 4. non-transparent financial institutions, 5. unfavorable economic conditions, 6. lack of respect for the rule of law in society, 7. poorly guarded national borders, 8. lack of political will to establish rule of law, 9. geographic location (e.g. along arms or narcotics trafficking route), 10. regional geopolitical issues (e.g. long-standing territorial dispute).Yet it is worth looking critically at this list: While the last two factors are obviously linked to drug trafficking and violent conflict, including the use of terrorist tactics, the other

eight factors are so broad, that they are present in a great number of places in the world where neither terrorism nor transnational organized crime, nor the combination of the two appear to play a major role. While these eight factors need to be addressed in their own right, the assumption that they form the breeding ground for both transnational crime
and terrorism remains questionable and warrants further investigation. This is not to deny that one type of activity (organized crime, in particular drugtrafficking) does feed the other (terrorism) in a number of cases. An Expert Group meeting held in February 2004 in Cape Town concluded:

( ) No link: terrorism and organized crime not inherently connected Schmid, scholar in terrorism studies, 2005
[Alex Schmid, former Officer-in-Charge of the Terrorism Prevention Branch at the UN, Links between Terrorism and Drug Trafficking: A Case of Narco-terrorism, Safe Democracy Foundation, January 27, 2005, http://english.safe-democracy.org/causes/links-between-terrorism-and-drug-traffickinga-case-of-narcoterrorism.html] This article explores the nature of links between terrorism and trafficking in illicit narcotic drugs. It discusses some of the empirical evidence on the

While some authors postulate close links - and even convergence - between terrorist groups and organized crime groups, the author of this article is more skeptical about the nature and extent of this connection. He points out both
simultaneous presence of armed conflict, including the terrorist variety, and the cultivation, processing and trafficking of narcotic drugs. similarities and differences between these two types of organizations and also explores the possible reasons which might tempt - and restrain - groups of

the in-house development of organized crime activities by terrorist organizations is a more imminent problem than a close alliance or convergence of organized crime and terrorist organizations. Consequently, he recommends that the
one type to establishing connections with groups of a significantly different mindset. He finds that Palermo Convention against Transnational Organized Crime be used to prevent terrorist organizations from acquiring the financial resources needed to launch and maintain terrorist campaigns. At the same time he is skeptical about the use of the concept of narco-terrorism. Its implication, the fusing of the war on drugs and the war on terror, might do a disservice to both.

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( ) Alternate causalities to terrorism laundry list Schmid, scholar in terrorism studies, 2005
[Alex Schmid, former Officer-in-Charge of the Terrorism Prevention Branch at the UN, Links between Terrorism and Drug Trafficking: A Case of Narco-terrorism, Safe Democracy Foundation, January 27, 2005, http://english.safe-democracy.org/causes/links-between-terrorism-and-drug-traffickinga-case-of-narcoterrorism.html] On the whole, it would appear that it is not prudent to lump drug trafficking organized crime groups and terrorist groups together. There are links, yes, but there are also important motivational and operational differences between terrorist groups and organized crime groups. One of the questions that needs to be answered is whether terrorism on the one hand, and drug trafficking as a form of transnational organized crime, on the other hand, are rooted in the same

A recent study by a research team of the US Library of Congress has indeed suggested this and attempted to identify ten factors making a nation hospitable to transnational crime and terrorism: 1. official corruption, 2. incomplete or weak legislation, 3. poor enforcement of existing laws, 4. non-transparent financial institutions, 5. unfavorable economic conditions, 6. lack of respect for the rule of law in society, 7. poorly guarded national borders, 8. lack of political will to establish rule of law, 9. geographic location (e.g. along arms or narcotics trafficking route), 10.
environment. regional geopolitical issues (e.g. long-standing territorial dispute).

( ) Alternate causalities to terrorism in organized crime illicit drugs Schmid, scholar in terrorism studies, 2005
[Alex Schmid, former Officer-in-Charge of the Terrorism Prevention Branch at the UN, Links between Terrorism and Drug Trafficking: A Case of Narco-terrorism, Safe Democracy Foundation, January 27, 2005, http://english.safe-democracy.org/causes/links-between-terrorism-and-drug-traffickinga-case-of-narcoterrorism.html]

There is considerable evidence that some terrorist groups are making money from organized crime activities. A recent study, based, inter alia, on a questionnaire to states, found that "Many States indicated that terrorist groups were frequently involved in other crimes, in particular trafficking in illicit drugs, money-laundering and the falsification of travel and identity or other official documents. Several countries noted links
between incidents of corruption of public officials and international terrorism, while others reported links with trafficking in firearms, the smuggling of illegal migrants and other forms of exploitation of illegal markets, inter alia, to support terrorist activities". There is also evidence that some organized crime groups use tactics of terror. Phil Williams and Ernesto Savona noted that Colombian drug cartels and the Italian Mafia were both using terrorist attacks against the state and its representatives for five different reasons (Table 5).

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( ) Alternative causalities: illicit drug trafficking Schmid, scholar in terrorism studies, 2005
[Alex Schmid, former Officer-in-Charge of the Terrorism Prevention Branch at the UN, Links between Terrorism and Drug Trafficking: A Case of Narco-terrorism, Safe Democracy Foundation, January 27, 2005, http://english.safe-democracy.org/causes/links-between-terrorism-and-drug-traffickinga-case-of-narcoterrorism.html]

Of all the alleged and real links between terrorism and other forms of crime, the one between illicit drug trafficking and terrorist and guerrilla organizations seems to be the strongest. It certainly appears to be
the best documented. Yet, while there are hundreds of terrorist organizations and at least as many drug trafficking organizations, the evidence, which is said

, a link between armed conflicts and illicit drug production and trafficking can be established with reasonable certainty. Yet according to UN estimates, there are
to exist, is derived from relatively few cases. For some thirty countries more than 100 countries involved in some way in the illicit drug trade, either in terms of cultivation, processing, trafficking, distribution, or the laundering of illicit profits. While

in most countries where drugs are produced, trafficked or consumed there is a causal link to

crime, including violent crime, these are not necessarily terrorist crimes. There is often only sparse empirical evidence for some of the frequently cited
cases of alleged connections between illicit drugs and terrorism. Even where these links have been established with reasonable certainty, estimates about

Lack of conclusive proof is often compensated by deductive reasoning such as this: with the end of the Cold War state-supported terrorism declined and terrorists had to look for alternative sources of financing and found it, inter alia, in the production, taxing and trafficking of illicit drugs like cannabis, heroine and cocaine.
the profits from drug trade going to terrorists vary widely.

( ) No impact: organized crime will just move elsewhere if regulated Committee on the Judiciary, committee in the House of Representatives, 2000
[Committee on the Judiciary, forty members of the House, Threat Posed by the Convergence of Organized Crime, Drug Trafficking, and Terrorism, Subcommittee on Crime, December 13, 2000, http://commdocs.house.gov/committees/judiciary/hju68324.000/hju68324_0f.htm]

the threats emanating from criminal groups which are already known by law enforcement suddenly move to a more borderless dimension. More and more investigations will have international implications, which makes these investigations both more lengthy and costly, and could ultimately result in less efficiency. The current difficulties of investigating and monitoring human trafficking activities around the globe clearly illustrate these problems.
Moreover, due to the increased cooperation among transnational crime groups,

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( ) Attempts to target organized crime fail groups shift to other crimes Loree, writer for Trends in Organized Crime, 2002
[Don Loree, involved with anti-organized crime efforts, Organized crime: Changing concepts and realities for the police, Trends in Organized Crime, June 2002, http://www.springerlink.com/content/trgc4ytha3fbbcy4/]

The growth in the extent and scope of organized crime activity, especially in the transnational sphere, is particularly linked to improved transportation and communications, for example air travel, the internet and electronic banking. These have markedly reduced barriers, have opened new opportunities for organized crime expansion and diversification and, in the
process, have created new victims. How many people have not received an invitation by mail or e-mail to participate in some form of international money

The most successful organized crime enterprises are now linked, dynamically and flexibly. They are able to shift quickly from one commodity to another and can and do take advantage of the most up to date technology; often
scam? How many do not know someone, especially a senior, who has been approached by a telemarketing scam? as good or better than that of the police who are trying to fight them.

( ) Organized crime groups use multiple activities a switch from one would increase another FBI, Federal Bureau of Investigation, No date
[FBI, Glossary on Organized Crime, Federal Bureau of Investigation, no date given, http://www.fbi.gov/hq/cid/orgcrime/glossary.htm]

The FBI defines a criminal enterprise as a group of individuals with an identified hierarchy, or comparable structure, engaged in significant criminal activity. These organizations often engage in multiple criminal activities and have extensive supporting networks. The terms Organized Crime and Criminal Enterprise are similar and
often used synonymously. However, various federal criminal statutes specifically define the elements of an enterprise that need to be proven in order to convict individuals or groups of individuals under those statutes.

( ) No solvency: Increased focus on human trafficking trades off with other crime enforcement US Marshals Service, part of the USFG working on civil authority, 2009
[USMS, FY 2010 Performance Budget, April 2009, http://www.usdoj.gov/jmd/2010justification/office/fy10-usms-justification.doc]

The flow of human trafficking and narcotics into the United States, along with smuggling of illegal firearms and criminal monetary proceeds out of the United States has had a devastating effect on the United States, Canada, and Mexico. The violence perpetrated by organizations and elements associated with these criminal activities has brought greater federal law enforcement attention to all areas of the country. Immigration enforcement is as likely a problem in the Midwest as it is in the Southwest. The USMS has been forced to divert resources from fugitive apprehension activities and other mission areas in order to fill the gap
which has resulted from increased judicial security in the courtrooms. In some cases, the sheer number of criminal aliens has overwhelmed courthouse cellblock capacity, creating untenable working conditions for Deputy Marshals. Searching prisoners is part of prisoner processing in a courthouse cellblock

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AIDS ANSWERS
AIDS wont cause a pandemic it remains dormant too long Yu 9, (5/22/9, dujs is an interdisciplinary scientific journal, http://dujs.dartmouth.edu/spring-2009/humanextinction-the-uncertainty-of-our-fate) In the past, humans have indeed fallen victim to viruses. Perhaps the best-known case was the bubonic plague that killed up to one third of the European population in the mid-14th century (7). While vaccines have been developed for the plague and some other infectious diseases, new viral strains are constantly emerging a process that maintains the possibility of a pandemic-facilitated human extinction.

Some surveyed students mentioned AIDS as a potential pandemic-causing virus. It is true that scientists have been unable thus far to find a sustainable cure for AIDS, mainly due to HIVs rapid
and constant evolution. Specifically, two factors account for the viruss abnormally high mutation rate: 1. HIVs use of reverse transcriptase, which does not have a proof-reading mechanism, and 2. the lack of an error-correction mechanism in HIV DNA polymerase (8). Luckily, though, there are certain characteristics of HIV that

make it a poor candidate for a large-scale global infection: HIV can lie dormant in the human body for years without manifesting itself, and AIDS itself does not kill directly, but rather through the weakening of the immune system. NO SOLVENCY FGM is the greatest cause of AIDS Keown, 7 (Mary Katherine Keown, a Canadian journalist working in Tanzania, 8/10/7,
http://www.truthout.org/article/health-activists-link-spread-hiv-aids-female-genital-mutilation) Arusha, Tanzania - Researchers and activists are linking the feminization of HIV-AIDS in sub-Saharan Africa with another major health affliction for women in the region: female genital mutilation. Sporadic

research data over the past 10 years has correlated dirty cutting equipment, hemorrhages requiring blood transfusions, and injurious sexual intercourse causing vaginal tearing and lesions with rising rates of HIV transmission among women in countries where FGM is still widely practiced. "Because FGM is coupled with the loss of blood and use is often made of one instrument for a number of operations, the risk of HIV-AIDS transmission is increased by the practice," the New
York-based United Nations Population Fund says on its Web site. "Also, due to damage to the female sexual organs, sexual intercourse can result in lacerations of tissues, which greatly increases risk of transmission. The same is true for childbirth and subsequent loss of blood. Other organizations, such as the London-based International Community of Women Living With HIV-AIDS and the Washington-based Global Health Council, make similar assertions on the immediate risks of HIV transmission and anti-FGM activists in the region express confidence in the link. A representative from the National Union of Djiboutian Women - who asked to remain anonymous due to the dangers of opposing FGM - told Women's eNews she believes FGM is the single largest contributing factor to HIV infection in that country, with risks that are immediate, as well as longterm. Meanwhile, a cross-section of data drawn from a 2006 United Nations report on the global AIDS epidemic, for instance, indicates that in several countries in Africa where FGM is common - including Somalia, Sudan, Tanzania and Djibouti - between 55 and 60 percent of HIV-infected individuals are female. Mounting Body of Evidence The FGM-HIV link is currently more of a murmur than a rumble among activists, watch-dog groups and major health authorities. While scientific evidence is sparse - though steadily mounting - to link FGM to HIV transmission there is a definite connection, according to Human Rights Watch.

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NO SOLVENCYPRISONS MAKE HIV SPREAD INEVITABLE UNAIDS 97, (UN program to research/combat AIDS, http://74.125.95.132/search?
q=cache:aA3gkxvjkMYJ:www.unodc.org/documents/hiv-aids/UNAIDS%2520prison%2520and %2520AIDS.pdf+prison+United+States+AIDS&cd=7&hl=en&ct=clnk&gl=us&client=safari)

In many prisons around the world there is a much higher prevalence of HIV than there is in society outside. There is usually also a much higher rate of certain other diseases, such as hepatitis B and C, syphilis and tuberculosis. Experience has shown that there is a lot that can be done to
check the spread of HIV, but for that to occur, those responsible for the prison system must first recognize certain risk factors and forms of behaviour in prisons. Many of those who are HIV-positive in prison were already infected on the outside. Many come from segments of the population that carry a heavier than average burden of HIV infections. In addition, many of those in prison are there because of drug use or trafficking, and they will try to continue drug use inside. Whether the authorities admit it or not -- and however much they may try to repress it --

drugs are introduced and consumed by prison inmates in many countries, and men commonly have sex with men in all-male prisons. Denying or ignoring these facts will not help solve the problem of the continuing spread of HIV -- and both forms of behaviour are HIV transmission risks. There has been a
steady growth around the world of co-morbidity in prisons -- that is, increasing numbers of prisoners with a combination of diseases such as, typically, tuberculosis plus hepatitis C plus HIV. As in general populations, there has also been an increase in the incidence of multi-drug resistant tuberculosis. Prisoners are often in a highly vulnerable position -- vulnerable to the power of prison authorities (as well as others in authority with whom they may come into contact, such as the police), and vulnerable to the sexual and other demands of fellow prisoners, many of whom are violent by nature. Prisons are often overcrowded, and operate in an ethos of punishment and of violence, and sometimes of systems of enslavement within prison hierarchies. Prison officers are also open to infection with HIV. They risk infection, for instance, by accidentally being pricked by a drug-injection needle while making routine searches of prisoners' beds and lockers. They can also be exposed to HIV through sexual contact with prisoners. The high prevalence rates of HIV, tuberculosis and hepatitis in prisons should be of the greatest concern to the community at large. The prison population, after all, is a fluid one, with people regularly moving in and out. Most prisoners are released into the community at some point, and some are imprisoned and released a number of times. For reasons of self-interest alone, if no other reason, the community and its leaders should react quickly and wisely to the problem of HIV in prisons.

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AIDS HAS PLATEAUED AND IS STABILIZING NOW HIGHLEYMAN 08 FORMER editor of the Bulletin of Experimental Treatments for AIDS http://www.hivandhepatitis.com/2008icr/AIDS2008/docs/080508_d.html
While HIV continues to ravage countries around the globe, the rate of new infections has stabilized worldwide, according to the latest overview of the epidemic by the Joint United Nations Programme on AIDS (UNAIDS), released in advance of the XVII International AIDS Conference taking place this week in Mexico City. According to the report, an estimated 33 million people worldwide were living with HIV in 2007. SubSaharan Africa remains the epicenter of the epidemic, accounting for about 67% of all HIV cases and about 72% of all deaths due to HIV/AIDS. The estimated number of new infections in 2007 was 2.7 million, after peaking at around 5 million. The number of deaths due to HIV/AIDS also fell, by about 10% to 2 million. While the epidemic in Africa affects women and men in roughly equal proportions -- many of them infected through heterosexual contact -- in the rest of the world HIV/AIDS is concentrated among high-risk groups such as injection drug users in Russia and Eastern Europe, and men who have sex with men (MSM) in developing and developed countries alike. In addition to a plateau in the number of new infections, there are now more people with HIV/AIDS receiving antiretroviral therapy than ever before -- about 3 million in 2007 compared with around 300,000 in 2003. About one-third of pregnant women are receiving therapy, which helps prevent mother-tochild transmission. In part for this reason, the number of new HIV infections among children decreased to 370,000 worldwide in 2007. Nevertheless, millions of people worldwide still do not have access to this lifesaving treatment.

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AT: LEADERSHIP
THE LEADERSHIP SIGNAL ON TRAFFICKING WAS JUST SENT IN DECEMBER OF 08 THAT THE U.S. IS COMMITTED TO FIGHT AGAINST TRAFFICKING

MARIO 09
January 7, 2009 - 10:24am jmcabrera NEWS RELEASE - COMUNICADO DE PRENSA FOR IMMEDIATE RELEASE: January 6, 2008 Contacts: Jorge-Mario Cabrera, 562.243.5559 Anike Tourse, 213.210.6735 http://www.chirla.org/en/node/255 Congress Sends Strong Message with Passage Of Trafficking Victims Protection Act ---Funds will help combat exploitation of women, children, and immigrants--Los Angeles, CA The Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) celebrated the passage in congress of the William Wilberforce Trafficking Victims Protection Act. House of Representatives bill (HR7311) proposed $7.5 million for victim assistance and increases the focus on combating trafficking in children. The legislation also included provisions to make it easier for victims to remain in the U.S. In addition to increasing penalties for human traffickers, HR7311 appropriates funding for outreach and education efforts to help communities, including foreign governments, identify and combat human trafficking, remarked Cynthia Buiza, Director of Policy and Programs at CHIRLA. It is important that we see human trafficking as a shameful act of violence against vulnerable populations, including women, children, and immigrants, she added.

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JOSEPH NYE SAYS THE ELECTION OF OBAMA RESTORES U.S. SOFT POWER AND IS GREATER THAN ANY OTHER ISSUE NYE 08 Joseph, Professor Harvard http://www.huffingtonpost.com/joseph-nye/barack-obama-and-softpow_b_106717.html
I have spent the past month lecturing in Oxford and traveling in Europe where Barack Obama could be elected in a landslide. I suspect that this fascination with Obama is true in many parts of the world. In fact, as I have said before, it is difficult to think of any single act that would do more to restore America's soft power than the election of Obama to the presidency. Soft power is the ability to obtain the outcomes one wants through attraction rather than using the carrots and sticks of payment or coercion. As I describe in my new book The Powers to Lead, in individuals soft power rests on the skills of emotional intelligence, vision, and communication that Obama possesses in abundance. In nations, it rests upon culture (where it is attractive to others), values (when they are applied without hypocrisy), and policies (when they are inclusive and seen as legitimate in the eyes of others.)

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48 NEG CORE AGAINST HUMAN TRAFFICKING AFF

A HOST OF OBAMA POLICY CHANGES HAVE ALREADY RESTORED U.S. LEADERSHIP CREDIBILITY BRAR 7-6-09 Daenesha, Analyst for Henry Jackson Society http://www.henryjacksonsociety.org/stories.asp?id=1212
In contrast, Obama has appeared to make vast strides in developing Americas soft power capability. Even on the campaign trail, it was clear that he had a global appeal. His speech in Berlin was met with huge crowds and the overwhelming global support for him over McCain was clear. Joseph Nye claimed that Obama possessed a considerable degree of individual soft power and since his election Obama has played to this strength, which has significantly restored some of Americas soft power capability.[5] New polling data from World Public Opinion has shown that Obama is the worlds most trusted leader with an average of 61% of respondents expressing confidence in him to do the right thing in world affairs.[6] Therefore, it is clear that Obama has managed to fulfil the initial promise of his election and has made great gains in restoring the soft power capabilities of America. A key factor behind Obamas success in transforming Americas public image has been the distinct change in policy language. Obama has not completely abandoned every foreign policy initiative led by George Bush but he has transformed the tone.[7] By softening the rhetoric used, Obama has managed to change perceptions towards US foreign policy. The abandonment of the phrase war on terror was criticised by Dick Cheney, who felt it was making America more vulnerable to attack. However, the Obama administration has clearly not abandoned the fight against terrorism and instead the change in language shows a more realistic analysis of the terrorist threat. Janet Napolitano, Obamas Secretary for Homeland Security said that the phrase was abandoned because it was too limiting and failed to address the true nature of terrorism.[8] This change in language and tone was also seen in Obamas approach to the Middle East. The Cairo address made a number of references to a new beginning between the United States and Muslims around the world and placed an emphasis on the importance of increased dialogue and cultural exchange. Obamas Cairo address was a successful demonstration of how softer language does not necessarily imply weakness as he also condemned Islamic fundamentalism and the oppression of Muslim women. Indeed, the softer language has managed to restore some ground lost by the alienating rhetoric of George Bush. This has undoubtedly contributed to the restoration of Americas image by showing that it is willing to work with other countries in order to reach its goals rather than simply pressing ahead under the impression that countries are either with it or against. The restoration of American soft power could also have a positive impact in protecting US hegemony. The rise of China has long been perceived as a threat to the hegemonic status of America. China has been making some gains in developing its soft power through the creation of Confucius Institutes, which in a similar vein to the British Council; aim to improve relationships and interaction between China and the world.[9] Nevertheless, China has a long way to go before it can achieve significant soft power status as the lack of human rights, freedom of information and speech means it is limited in its ability to spread its culture and ideas. By championing these values and strengthening its own soft power, the US will find itself in a better position to protect the international system and Western values of democracy.

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49 NEG CORE AGAINST HUMAN TRAFFICKING AFF

SOFT POWER UNDERCUTS HARD POWER WHICH IS THE REAL KEY TO SOLVING PROBLEMS BRAR 7-6-09 Daenesha, Analyst for Henry Jackson Society http://www.henryjacksonsociety.org/stories.asp?id=1212
However, is an over-emphasis on soft power dangerous? By playing down Americas hard power, the US may be placing itself in a precarious position. Indeed, soft powers like culture, image and ideology cannot solve all the problems that will face Obama during his term. International trust will eventually fade unless he manages to prove that he can face the challenges and intricacies of foreign policy. When rhetoric can only do so much, Obama will have to turn to hard power to smooth out the rough edges of soft power. Finding a balance between the two has been called smart power[10] by Joseph Nye and if Obama can do this, he will be well placed to address major international relations problems.

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50 NEG CORE AGAINST HUMAN TRAFFICKING AFF

SOLVENCY
FAILURE TO ATTACK THE ROOT CAUSE OF TRAFFICKING MAKES TRAFFICKING INEVITABLE
Bravo 07 (Karen Bravo, Assistant Professor of Law at the Indiana University School of Law, published in the Boston University International Law
Journal, Exploring the Analogy Between Modern Trafficking in Humans and the Trans-Atlantic Slave Trade, lexis nexis law review)

Professor Shelley's business organization framework comes closest, of the frameworks discussed in this Article, to an economic analysis of modern trafficking in human beings. Unlike the remediative frameworks discussed earlier, her framework both explicitly and implicitly refers to the economic incentives and entrepreneurial drives that form and facilitate the late 20th and early 21st century traffic in humans. n171 The business organization framework does not fully analyze the ways in which the traffic in humans is integrated into the global economic structure. Nevertheless, given the availability of analyses such as hers, which parse the economic motivations and practices of traffickers, it is difficult to understand the slight emphasis of the other frameworks on prevention through economic mechanisms directed at the economic incentives of traffickers and would-be traffickers. n172 Certainly criminals must be prosecuted, and [*240] victims must be assisted and their rights vindicated. However, to fail to truly understand the

causes and factors that generate the contemporary traffic in human beings is to be resigned to a never ending stream of imprisonment (of traffickers) and rights violation, vindication, and rehabilitation (of victims). Structural analysis of modern trafficking in human beings and understanding of intertwined factors, together with a multi-pronged approach, will lead to a more successful attack.

NO SOLVENCY. NEW TRAFFICKERS WILL SIMPLY SPRING UP TO REPLACE ANY WHO ARE ELIMINATED RYF 02
Kara C. Ryf* J.D., magna cum laude, Case Western Reserve University School of Law; B.S., with distinction, University of Wisconsin-Madison. Kara Ryf is a labor and employment attorney for Perkins Coie LLP in Seattle Case Western Reserve Journal of International Law 34:45 LEXIS This article advocates the need to turn trafficking into a high risk and low profit industry. Currently the profits from trafficking reach up to $ 10 billion per year while the risk to traffickers of being severely punished is low. The Act did raise the punishment for trafficking to twenty years in prison and life sentences in some cases. The United States is also requiring foreign countries to enact laws that punish traffickers to a degree appropriate to the severity of the crime. However, this is unlikely to have a substantial effect on the elimination of trafficking while the industry remains extremely profitable and the demand for its services remain extremely high. The result is that when one large trafficking ring breaks up another immediately sprouts up in its place. In a similar vein, although the [*71] punishment for dealing in drugs is high throughout the world, drug running continues to be the most profitable world industry. Consequently, even if trafficking were to have more severe, worldwide sanctions, it is highly likely that the continued demand for these services will drive the industry to take greater lengths to maintain the trafficking routes. The fight against trafficking then is extremely analogous to the war on drugs - a war well worth fighting, but one that ultimately may never be won.

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51 NEG CORE AGAINST HUMAN TRAFFICKING AFF

CHANGING PROTECTIONS OFFERED IN THE TVPA DOESNT SOLVE. FOCUSING NARROWLY ON TRAFFICKING VICTIMS INCREASES TRAFFICKING CHACON 06
Jennifer M. Chacon*Assistant Professor, University of California, Davis, School of Law; J.D., Yale Law School Fordham Law Review 74:297 MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF U.S. EFFORTS TO STOP HUMAN TRAFFICKING Much of the literature diagnosing the domestic shortcomings of the TVPA focuses upon the legal barriers to relief that are encountered by trafficking victims in the United States. The proposed solutions focus on improving the identification and assistance of trafficking victims in the United States. But the United States is not a passive recipient of trafficked human beings. Efforts to deal more effectively and humanely with the domestic manifestations of global human trafficking must take account of the role that the United States plays in generating a viable market for trafficking. This requires express recognition that specific elements of U.S. law and policy actually facilitate the trafficking of human beings into and within the United States. When the issue is framed in this way, it quickly becomes evident that the shortcomings of the Trafficking Act are neither new nor unique failures; n6 they are simply the most recent examples of the wider failure of U.S. law to successfully assess and grapple with the global and domestic forces that drive migration. This Article argues that current labor and immigration law enforcement actually creates incentives for trafficking and other forms of migrant exploitation in the United States. This Article situates the Trafficking Act within the framework of its legal antecedents in an effort to illustrate the ways in which the inability of the TVPA to substantially meet its goals of preventing trafficking and protecting trafficking victims stems from more general failures of domestic immigration policy. By broadening the scope of the inquiry concerning the shortcomings of the TVPA, this Article seeks to clarify the ways in which the TVPA actually may be interacting in a detrimental way with other immigration and labor policy choices. Border interdiction strategies, harsh penalties for undocumented migrant workers, and insufficient labor protections for all workers, but particularly undocumented migrants, all interact to facilitate trafficking, notwithstanding the TVPA. Furthermore, because Congress was anxious to [*2980] limit assistance under the TVPA to a narrowly defined subset of trafficking victims, n7 it deliberately chose to exclude a broad range of labor exploitation from the reach of the TVPA. This policy choice likely exacerbates workplace exploitation by constructively laying blame upon many noncitizen workers for their exploitation.

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