Crime against sex workers ‘almost doubles’ since law change
According to the report, crime has increased 90% whereas violent crime specifically has increased 92%.
 
https://www.belfasttelegraph.co.uk/news/republic-of-ireland/crime-against-sex-workers-almost-doubles-since-law-change-37957334.html
 
Campaigners warned of an increase in attacks on sex workers (Yui Mok/PA)

March 27 201

Crime against sex workers has almost doubled in the two years since new laws were implemented, campaigners have said.
Ireland adopted the “Nordic Model” on March 27 2017, criminalising the purchase of sex, not the selling of sex, which the Government says is aimed at tackling trafficking and protecting vulnerable people in prostitution.
Sex worker organisations have railed against the change since it was implemented, saying the new laws make workers more vulnerable.

Brothel-keeping laws have proved especially contentious as many workers (the majority of whom are women) would prefer to work in a shared property with a friend for safety reasons, however this practice would amount to a brothel under law, and see those involved arrested.

Statistics from UglyMugs.ie, an app where sex workers can confidentially report incidents of abuse and crime, state that since the law came into force, the number of incidents of abuse and crime being reported in the Republic of Ireland has greatly increased.

The number of sex workers using UglyMugs.ie has remained steady at between 6,000 and 7,000 per year.

The number of incidents reported from 2015-2017 was 4,278. Since the law change, from 2017-2019, incidents rose to 10,076.

According to the report, crime has increased 90% whereas violent crime specifically has increased 92%.

Kate McGrew, sex worker and director of Sex Workers Alliance Ireland (SWAI) says the new laws have created a buyer’s market, putting workers at risk.

“The purchasers of sex hold the power, this is in direct opposition to what we were told was the intention of the law,” she said.

“Sex workers are not decriminalised.

“The penalties of sex workers sharing premises together, also known as brothel keeping, has doubled since the introduction of the new Sexual Offences Bill in 2017.
“Sex workers are now forced to work in isolation, which puts them at further risk of violence and exploitation.
“Since the law has been introduced many more sex workers have been arrested than clients.
“We want sex work decriminalised so that the power gets put back in the hands of the worker.”
A Department of Justice spokesman: “The purpose of these offences is to target the demand for prostitution.
“At the same time, the Act changed the law in relation to the sale of sexual services so that it is not an offence to engage in sexual activity for payment.

“There was a broad coalition of different groups in favour of the legislative change, many of which were involved in advocacy for women’s rights.

“Any person who has been the subject of a violent crime is encouraged to report it to An Garda Siochana. Any group with evidence of such crimes should make its information available to An Garda Siochana.”

A Gardai spokeswoman said: “An Garda Siochana do not comment on stats done by ‘apps’.”

Advocates are calling for full decriminalisation of sex work in the Northern Territory. (ABC News: Malcolm Sutton)

Sex workers in the NT are calling for the full decriminalisation of the industry. (Reuters)

Outreach worker Leanne Melling and Jules Kim from the Scarlet Alliance spoke in support of the reforms. (ABC News: Jacqueline Breen)

Independent MLA Gerry Wood wanted to be able to appear at the closed committee meeting (ABC News: Jacqueline Breen)

Backlash against sex work laws led by 'boycotting' Northern Territory independent politician
By Jacqueline Breen
https://www.abc.net.au/news/2019-10-29/nt-politician-boycots-sex-work-hearings-opposes-decrim/11649142
29th October 2019

"It's really important to enable sex workers to come to the table and to speak."
A politician opposed to the decriminalisation of sex work in the Northern Territory has claimed he has been "censored" by a parliamentary scrutiny committee which agreed to accept evidence from sex workers behind closed doors because of concerns about stigma and discrimination.
The committee voted to close parts of the hearing to the public and all non-committee members at the request of sex workers wanting to give evidence.
Independent Gerry Wood, who opposes the Government's proposed changes and is not on the committee, sat outside Parliament in protest on Tuesday instead of attending open sections of the hearing.
Inside Parliament, the scrutiny committee heard impassioned arguments against the reforms from two former sex workers appearing alongside faith-based groups including the Australian Christian Lobby.
But the proposed changes have the strong support of the Northern Territory's sex work community and local legal groups, who say decriminalising and regulating the industry will help make sex workers' work safer and create access to employment rights and protections.
The closed sessions were requested for sex workers to share their experience of problems with the current regulatory framework, according to spokeswoman for the Northern Territory AIDS and Hepatitis Council's Sex Worker Outreach Program Leanne Melling.
"We requested closed sessions for sex workers to have a space to provide evidence privately so that people didn't feel intimidated by stigma and discrimination and the committee responded respectfully," she said.
"It's really important to enable sex workers to come to the table and to speak."

'Extreme barriers' for sex workers
Labor said decriminalisation would allow the industry to operate in line with laws applying to all other individuals and businesses.
Scarlett Alliance spokeswoman Jules Kim told the scrutiny committee that the removal of criminal sanctions made sex workers free to report mistreatment or abuse to workplace regulators or police.
"To decriminalise sex work, to remove the criminality of sex workers' status and to be able to access different mechanisms — which, currently, there is an extreme barrier for sex workers to do that — will be a significant step forward," she said.
She raised questions about the suitability certificates that will be required by operators of sex services businesses under the new laws and argued against restrictions on sex work advertising that go beyond general advertising standards.
She also called on Labor to include a mechanism in the bill to wipe convictions that become void when the conduct they relate to is no longer a criminal offence.
The Australian Christian Lobby's Northern Territory director Wendy Francis urged the committee to call for a longer inquiry into the bill and warned it would have "unintended consequences" for vulnerable groups and for town planning and zoning.
"I think any legislative change in the area of prostitution should actually address the reasons that drive women into the industry, and it is largely women, and also the culture that normalises women's bodies being for sale," she said.

A former sex worker from New Zealand, Alison Peaufa, gave evidence of traumatic experience in the industry.
She said sex workers advocating for decriminalisation did not represent the most vulnerable women in sex work.
'Complete contempt for the democratic process'
Outside Parliament, Gerry Wood called on the Government to withdraw the bill and hold a full-scale inquiry into regulatory alternatives such as the Nordic model, which criminalises sex work customers.
"Here we have an opportunity to look at alternatives that don't encourage prostitution, that actually reduce prostitution," he said.
Opposition leader and scrutiny committee member Gary Higgins of the Country Liberals issued a media release saying Labor was showing "complete contempt for the democratic process" and denying Mr Wood the right to represent his electorate in parliament.
"If a Member of Parliament is denied access to a Parliamentary process, the question must be asked — is this a dictatorship, or a democracy?" Mr Higgins said.
Committee chair Tony Sievers said closed sessions were a standard option to receive sensitive testimony and said Mr Woods could have asked questions in the four hours of open hearings.
Ms Melling said the Sex Worker Outreach Program appreciated the sensitivity shown by the committee in allowing sex workers to appear in closed hearings and anonymously.
"This is due to stigma and discrimination and the current criminal status for the majority of sex workers in the NT.
"For these reasons, sex workers must be able to testify confidentially and be able to present with confidence the actual picture of sex work in the NT, without fear of negative consequences," she said.
Sex workers have long been campaigning for the full decriminalisation of sex work in the NT to enable access to rights, health and safety at work."
The current legislation in the NT provides no protections for sex workers and advocates have raised concerns that this has put sex workers at risk.

PHOTO: Sex workers in the NT are calling for the full decriminalisation of the industry. (Reuters)

Victoria Sweet

Rising Waters, Rising Threats: The Human Trafficking of Indigenous Women in the Circumpolar Region of the United States and Canada
Yearbook of Polar Law, Volume VI, 2014
Victoria Sweet

https://www.academia.edu/6119636/Rising_Waters_Rising_Threats_The_Human_Trafficking_of_Indigenous_Women_in_the_Circumpolar_Region_of_the_United_States_and_Canada?auto=download

Rising Waters, Rising Threats: The Human Trafficking of Indigenous Women in theCircumpolar Region of the United States and Canada

Victoria Sweet

 Abstract
Among indigenous people around the world, human trafficking is taking a tremendous toll. Whiletrafficking is not an exclusively indigenous issue, disproportionately large numbers of indigenous people, particularly women, are modern trafficking victims. In Canada, several groups concerned about humantrafficking have conducted studies primarily focused on the sex trade because many sex workers areactually trafficking victims under both domestic and international legal standards. These studies foundthat First Nations women and youth represent between 70 and 90% of the visible sex trade in areas wherethe Aboriginal population is less than 10%. Very few comparable studies have been conducted in theUnited States, but studies in both Minnesota and Alaska found similar statistics among U.S. indigenouswomen.
With the current interest in resource extraction, and other opportunities in the warming Arctic, people from outside regions are traveling north in growing numbers. This rise in outside interactionsincreases the risk that the indigenous women may be trafficked. Recent crime reports from areas that havehad an influx of outsiders such as Williston, North Dakota, U.S. and Fort McMurray, Alberta, Canada, both part of the new oil boom, demonstrate the potential risks that any group faces when people with nocommunity accountability enter an area. The combination of development in rural locations, thedemographic shift of outsiders moving to the north, and the lack of close monitoring in this circumpolararea is a potential recipe for disaster for indigenous women in the region. This paper suggests that in orderto protect indigenous women, countries and indigenous nations must acknowledge this risk and plan forways to mitigate risk factors.

Keywords
Human Trafficking, Human Security, Extractive Industries, Arctic, Circumpolar Arctic, Climate Change,Indigenous Women, Violence against Women, Corporate Responsibility

Introduction
A booming modern slave trade exists in the world today. An estimated 27 million peopleare trafficked – some for sex and some as laborers.2 Experts say that trafficking has surpassed the illegal arms trade, making it one of the top-grossing criminal industries in the world. 3
 For indigenous peoples, human trafficking is just the new name of a historical problem. 4
 They have experienced exploitation by outsiders in many different areas of the world for generations. 5  While trafficking is not an exclusively indigenous issue, according to collected data an alarmingly large number of indigenous people, particularly indigenous women, are modern day trafficking victims.
Recently, the attention of the world has turned to the Arctic region, an area where asignificant number of indigenous peoples reside. The Arctic is melting, and with the melting hascome changes: warming temperatures; rising waters; ecosystem changes; and altered animal, bird, and sea mammal migrations, to name a few. 7  Because of these changes, investors now findthe Arctic an attractive location for new business ventures, tourism, and other economicactivities. However, with an increase in outside influences comes a greater risk that humantrafficking may become a problem in the Arctic region unless the risks are mitigated.

The scope of this article will be limited to the sex trafficking of indigenous women in thecircumpolar region of Alaska and Canada, with the recognition that other forms of humantrafficking exist, other populations are also at risk, and that other areas within the Arctic mayface similar concerns. Section I reviews the legal definition of human trafficking and whymisunderstanding the nature of the crime has exacerbated the problem. Section II addresses thedisproportionate impact that trafficking is having on indigenous communities. Section III 3 explores the connection between some forms of economic development and human traffickingand how current regional development plans create human security risks for local indigenouscommunities. Section IV proposes a multi-system approach to mitigate these risks andeffectively fight the crime of human trafficking. This approach makes recommendations anddiscusses already existing frameworks on the local/tribal, state/provincial/national, corporate, NGO, and international levels.

Part I 
The Legal Definition of Human Trafficking
 When people think about human trafficking, they picture the scenario portrayed in popular entertainment. 8 A young girl is kidnapped, drugged, and held captive in a foreigncountry to be sold for sex. While this type of trafficking occurs and is as terrifying as portrayed,it is not the only or even the most common form. Unfortunately, community members,lawmakers, and law enforcement officers all risk underestimating the impact of trafficking oncommunities if their understanding remains limited to this one scenario. Human traffickingcomes in many forms. It does not require kidnapping, movement, or border crossings. At itsheart, it is a crime of exploitation and abuse.

Since 2000 international law has defined human trafficking as:
[t]he recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat  or use of force  or other forms of coercion , of abduction , of  fraud , of
deception, of the  abuse of power or a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, theexploitation or the prostitution of others or other forms of sexual exploitation, forcedlabour or services, slavery or practices similar to slavery, servitude or the removal oforgans. [emphasis added] 9
While the elements of transportation, transfer, and abduction are included in the definition, the majority of key elements refer to different forms of exploitation and coercion
When countries began passing domestic trafficking legislation, national laws also shiftedthe focus from physical methods of trafficking to the underlying emotional techniques. The United States’ human trafficking legislation defines the essential elements of trafficking as theuse of “ fraud, force, or coercion” in order to commercially benefit off of the victim. 10
Similarly, the Canadian national legislation emphasizes exploitation over transportation.The Department of Justice clarifies that “[t]rafficking in persons is about exploitation and does   4 not necessarily involve movement.” 11
 The law then emphasizes that qualifying behavior “could reasonably . . . cause the other person to believe that their safety or the safety of a person knownto them would be threatened if they failed to provide . . . the labour or service.” 12

The term human trafficking itself misleads people about the nature of the crime since trafficking implies movement. However, as a term of art, human trafficking will continue to be written into legislation, treaties, and other legal documents. Therefore, awareness must be raised about the true nature of the crime and the various ways it impacts communities. Until law enforcement and service providers recognize trafficking indicators within their own communities, the crime will proliferate.

Getting this information to communities has been impeded by the fact that the crime ishighly underreported. Many trafficking victims do not identify themselves as victims. Somesuffer from fear, shame, and distrust of law enforcement. 13  It is also not unusual for traffickingvictims to develop traumatic bonds with their traffickers because of the manipulative nature of this crime. 14
The fact that almost no human trafficking data currently exists further amplifies these problems. Visualizing the full scope of the problem is difficult when almost no statistics or numbers demonstrate the reality of the situation. As stated in one report out of Canada
“[t]he criminal and marginalized nature of sexual exploitation makes it difficult to determine the total numbers of victims in Canada; there is no data collection/tracking method that provides a complete picture of commercial sexual exploitation or human trafficking.” 15
 With so little formal data available, scholars must rely on less accepted sources of information such as press accounts and personal anecdotes. Unfortunately, until researchers conduct more formal studies, these sources provide the only available foundational data. Both the gravity of the crime as well as the need for reliable information should provide some inspiration to encourage more research on this topic. 16


Part  II 
Human Trafficking Impact on Indigenous Communities
The majority of sex trafficking data comes from studies about prostitution or commercial sexual exploitation. Although not every person involved in prostitution is legally a trafficking victim, according to the limited data gathered so far, many are. In one commercial sexual exploitation study, researchers discovered that over half of the women interviewed “met a conservative legal definition of human trafficking.” 17
The Canadian Standing Committee on the Status of Women has come to an even more forceful conclusion about the link between prostitution and human trafficking. According to the committee‟s formal statement “prostitution is closely linked to trafficking in persons . . . [because] prostitution is a form of violence and a violation of human rights . . . [and] consent is irrelevant because you can never consent to sexual exploitation.” 18
This statement is not without controversy. The Human Rights Caucus stated that “[o]bviously, by definition, no one consents to abduction or forced labour, but an adult woman is able to consent to engage in an illicit activity (such as prostitution). If no one is forcing her to engage in such activity, then trafficking does not exist.” 19 Keeping both perspectives in mind, researchers need to proceed cautiously when linking prostitution and human sex trafficking data. However, until more trafficking-specific data can be collected, the data derived from prostitution and commercial sexual exploitation studies provides the information necessary to start visualizing human trafficking activity and impact.
While little general human trafficking data exists, even less has been gathered about how prostitution, and by extension human trafficking, affects indigenous communities. However, thed ata that has been collected is alarming. A review of the community impact data taken from four formal studies demonstrates both the disproportionate impact and the strong similarities between indigenous communities in both the United States and Canada. To provide a varied perspective,two of the studies chosen were conducted in different states in the United States and the other two were conducted in different Canadian provinces.
Researchers conducted the first United States study in Minnesota. According to the data,roughly 25% of the women arrested for prostitution in Hennepin County identified as American Indian while American Indians comprise only 2.2% of the total population. 20  Alaska was the location for the second study. In Anchorage, 33% of the women arrested for prostitution were Alaska Native, but Alaska Natives make up only 7.9% of the population. 21
The Canadian studies showed similar results. In a study conducted in Winnipeg, 50% ofadult sex workers were defined as Aboriginal, while Aboriginal peoples comprise only 10% ofthe population. 22 Vancouver was the location for the second study. Fifty-two percent of thewomen involved in the commercial sex trade were identified as First Nations, while First Nations people comprise only 7% of the general population. 23
Data from only four studies does not provide a thorough picture of human trafficking’s  impact on indigenous communities, but it does show a disturbing trend. In all four locations,indigenous women are disproportionately represented in the commercial sex trade. The data also demonstrates that this is not a localized problem. These studies were conducted in four geographically distinct locations in two different countries, proving that the commercial sexual exploitation of indigenous women crosses national borders and threatens the security of all indigenous communities.
While the data from these studies provides a strong argument that indigenous womenmay be more strongly impacted by human trafficking than other women, it is not the onlyevidence that leads to this conclusion. Data from studies about vulnerability and risk factors provides additional support for this argument.
Anywhere from 50 to 80% of identified victims are or were involved with child welfare services at some point in their lives. 24 Traffickers prey on children and youth with low self-esteem and minimal social support. 25  Some other risk factors specifically identified in a study done by the Alaska Trafficking Task Force include: poverty; limited education; lack of work opportunities; homeless/orphan/run away/thrown away youth; history of previous sexual abuse; physical, emotional, or mental health challenges; drug or alcohol addiction; PTSD; multiple arrests; history of truancy or being expelled. 26 Many indigenous communities struggle with the very problems that these studies have identified as vulnerability factors.
In addition, indigenous women already face high safety risks. Violence againstindigenous women rates in both the United States and Canada are extremely high. According tothe United States Department of Justice “American Indians are 2.5 times more likely toexperience sexual assault crimes compared to all other races.” 27  A 2013 report on forcible raperates found that Alaska has the highest rates in the United States, with South Dakota coming in aclose second. Sixty-one percent of rape victims in Alaska are Alaska Natives, and 40% ofvictims in South Dakota are American Indian. 28
In Canada, Aboriginal women aged fifteen and older reported almost three times higher rates of violent victimization than non-Aboriginal women. 29 Statistics also demonstrate thatAboriginal women are significantly overrepresented as homicide victims. 30 Related to this arethe high rates of missing and murdered indigenous women throughout Canada, most of whichremain unsolved crimes. 31 According to the Sisters In Spirit initiative, “Aboriginal women are the most at risk group in Canada for issues related to violence.” 32
 Even internationalorganizations recognize the risks of violence that indigenous girls face. The UN Inter-AgencyTask Force on Adolescent Girls identified indigenous girls as one of the groups at a particularlyhigh risk of human rights abuses, which includes trafficking. 33

Without more data, making a concrete case that human trafficking disproportionately impacts indigenous communities is difficult. However, the data from the studies of commercial sexual exploitation and prostitution, combined with known vulnerability factors and known levels of violence against indigenous women in both the United States and Canada, provide sufficient evidence to conclude that indigenous communities currently are and will continue to be disproportionately impacted by human trafficking. Therefore, when risk factors for trafficking appear in areas heavily populated by indigenous communities, precautions must be taken to protect the people in those areas before they become statistics.

Part III The Threat of Trafficking in the Circumpolar Arctic
An estimated 4 million people inhabit the Arctic and about 13.1 million people live in thecircumpolar region. 34  While indigenous people are a minority in the region, they are a majorityin certain areas. For instance, around 85% of the inhabitants of Nunavut are indigenous. 35 Insome of the villages in northern Alaska, between 70% and 90% of the population is Alaska Native. 36 So, when activities occur that could impact human security issues in the Arctic,including the broader circumpolar region, the activities will impact indigenous communities.
With the human trafficking industry expanding world wide, individual traffickers and organized crime networks are looking for new, profitable markets. Areas with major economic development projects, particularly projects that will require the importation of large numbers of outside workers, are prime trafficking locations. The circumpolar region of the United States and Canada meets all of these criteria.
Criminals from outside of the region may try to expand into the area, but potential dangeralso comes from within communities. An increased demand for prostituted women and girls willcome with large numbers of outside workers. Traffickers fill this kind of demand through theexploitation of others. Overlooking these potential external and internal risks increases the possibility that regional development will lead to a serious human trafficking problem.

A.  Economic Development in the Arctic
A recently released Lloy’s/Chatham House publication predicts over $100 billion ininvestments in the Arctic will be made over the next decade. 37 In the circumpolar region of theUnited States and Canada, companies have already announced numerous development projects.To demonstrate the enormity of the economic development plans, below are a few examples of some of the proposed projects:
The new port planned for Nome 38
 Graphite One mine project in Nome 39
MMG Ltd.‟s plans to build two mines in Nunavut by 2018
Itzok Corridor Project that is expected to produce an annual 180,000 tonnes ofzinc and 50,000 tonnes of copper
A huge open pit iron ore mine that will be constructed above the Arctic Circle in Nunavu
The Mary River project on the Baffin Islands, expected to produce an annual 18million tonnes of iron ore 40
These projects alone will require an enormous workforce, and they are just a sampling of proposed projects. Radical changes in the nature of life are coming to this mostly rural circumpolar region. Some literature suggests that rural and remote communities are more vulnerable than urban communities to the negative impacts that come with large development projects. 41 Even without development projects, residing in rural locations negatively impacts women’s safety . In one report, a 19-year-old Alaska Native woman in a small village called police after being raped in her home. The police not only did not answer the phone, they did not even respond to the message she left. 42  The geographical isolation of many of these communities reduces economic opportunities for women, limits victim services, and increases community member vulnerabilities. 43  These factors all increase the risks for women living in the region.
This new wave of development does not represent the first time that outsiders have gone to this region hoping to make a profit. Historically, large numbers of outsiders have flooded into northern Alaska and Canada looking for economic benefits, sometimes at the expense of local communities. Stories go back to the days of the Hudson Bay Company. In one story, a company officer openly kept a Chippeweyan woman as a “slave woman” and during that same period brothels were filled with Aboriginal women to “service European men.” 44 During the gold rush in both Alaska and Canada, large numbers of outsiders entered the area looking for economic opportunities. While documents do not refer to the activities that occurred as trafficking, at a minimum, prostitution and other forms of exploitation occurred. 45
Later, from 1974-1977, the Alaska pipeline again brought tens of thousands of workers to the area. Boom towns formed in Valdez, Fairbanks, and Anchorage. Economic development again brought with it a spike in crime. As workers made large sums of money, crime and illicit activity rates rose. 4

Not every story of exploitation or abuse has been documented. In some villages,community members tell anecdotal stories about outsiders who entered the area while fishing orwhaling, and left behind pregnant women and young babies. 47 Simply impregnating women doesnot equate to human trafficking activity, but the stories are part of a regional history in which indigenous women and girls are strongly impacted by the entry of outsiders into the region.
Exacerbating these concerns in the United States’ circumpolar region are justice systems issues that differentiate Alaska from the rest of the country. The Indian Law and Order Commission recently released a report, which devoted an entire chapter to the justice system in Alaska, condemning it as the worst system for providing justice for Natives in the United States. 48 One tribal citizen testifying at a public hearing said to the commission,
Every woman you‟ve met today has been raped. All of us. I know they won‟t believe that in the lower 48, and the State will deny it, but it‟s true. We all know each other and we live here. We know what’s happened. Please tell Congress and President Obama before it‟s too late. 49
In order to protect women, particularly indigenous women, from the dangers that come with economic development, communities need to remember the historical stories, officials need to understand the risk factors that come with extractive developments in rural areas, and preparations must be made for the next wave of outsiders entering the region.

B. Trafficking as a Human Security Risk in the Arctic
Assessing security risks in the Arctic requires leaders to analyze more than just militaryor economic security. It requires an understanding of human security.

50 The definition of humansecurity has three parts, freedom from want, freedom from fear, and freedom to take action on one’s own behalf. 51 To protect human security means to protect people from “critical and pervasive threats and situations. ” 52  Within the definition of human security are seven categories of threats:
Economic Security (assured basic income)
Food Security (physical and economic access to food)
Health Security (relative freedom from disease and infection)
Environmental Security (access to sanitary water supply, clean air and non-degraded land system)
Personal Security (security from physical violence and threats)
Community Security (security of cultural integrity)
Political Security (protection of basic human rights and freedoms) 53

Human trafficking threatens at least three of these categories: personal, community, and political security. Therefore, Arctic security discussions are incomplete without a discussion of human trafficking. If the women and girls of the community are destroyed by this crime, the integrity of the whole culture is impacted, and basic human rights are not protected.
According to the Human Rights Council, “[e]scalating charges of corporate
-related human rights abuses are the canary in the coal mine, signaling that all is not well.” 54
 Human rights violations have been alleged against numerous corporations, with large numbers of complaints being connected to extractive industry development in rural areas.
55  Mining projects cannot succeed without large numbers of workers. In rural areas, companies bring workers from outside the region to meet this need. When large numbers of outside workers with no connection to the community arrive in an area, violent crime rates rise. In discussing the link between extractive industry development and human trafficking, the US attorney for South Dakota said,   12 “[a]nytime you have large groups of men gathering, you‟re going to have the potential for sex trafficking problems.” 56
 Another law enforcement officer serving in a developing area noted that the outside workers appear to have no respect for local laws. 57  Perhaps they are law-abiding citizens in the communities where they come from, but they have no allegiance to the communities where they only temporarily reside. 58
Williston, North Dakota provides a contemporary example of the fate that await sun prepared communities in the circumpolar Arctic region. The city sits on top of the Bakken oil formation.59 With the opening of the oil fields, hundreds of mostly male workers from outside ofthe state flocked to the town. The company houses workers in makeshift camps referred to as man camps. Within two years, the overall crime rates have increased 7.2 percent, which include large numbers of “forcible rape [s] . . . prostitution, and „other‟ sexual offenses .”60  Community members say that they know women and girls are being trafficked, but according to a law enforcement officer in the area, they do not keep trafficking statistics, so it is impossible to know the exact extent of this crime on the community. 61
A town in Canada has a similar story. In Fort McMurray, Alberta crime rates, specifically crimes against women, jumped in the same manner as the rates in North Dakota. 62
 The mining boom brought an influx of crime to this town. In 2009 Fort McMurray had a crime rate of one crime for every five residents and was ranked “in the top five Canadian cities in terms of the crime severity index.” 63
Because business practices affect almost all human rights, government officials and community members must observe the impact these practices have within the community. The extractive industry is not the only industry that is prone to abuse.

64 For example, complaints about the tourism industry demonstrate that trafficking may occur in many settings. 65 However,the bulk of new development in this region is extractive in nature. Therefore, communities should focus immediate attention on extractive industry practices.
Private sector investment drives valuable economic growth for communities, but withoutadherence to human rights standards, development projects can lead to violence and conflict. Themost vulnerable or marginalized members of communities are often excluded from the economic benefits, and instead bear the brunt of negative social impacts. 66

Part IV Mitigating the Risks
The third aspect of human security listed in the previous section is freedom to take action
on one‟s own behalf. 67 For local people to protect themselves in this new era of economic development, new systems and procedures must be formed. No single system can successfully combat trafficking, but a multi-system approach can assist a community in protecting itself. A police officer experienced in fighting trafficking said it this way, “The fight against human trafficking will not be won by cops or caped crusaders. Human trafficking will only be destroyed when we come together as a society and agree it is a problem, agree it needs to be stopped and agree to work together to stop it.” 68
 When local/tribal, state, federal, and international leaders implement anti-trafficking programs, communities will finally have effective protections against this threat. Complete programs include a wide variety of preventative measures, legal protections, and victim support. 69

A. Local/Tribal Community Actions
Local and tribal communities need to begin by raising awareness among community members about the legal definition of human trafficking, warning signs to watch for, and common ploys of traffickers. This process begins with educational programs in schools,community awareness meetings, and public service announcements. In addition, traffickers now 14 use the internet to access victims, particularly youth, necessitating special training to warn youth of these online dangers. 70
After raising awareness, communities need to focus on training workers who are mostlikely to encounter trafficking victims. Street outreach workers, social workers, law enforcementofficials, educators, and medical workers require appropriate training to recognize trafficking indicators. In a recent study done in Alaska, 70% of local and state law enforcement agents did not perceive signs of human trafficking in their communities, while at the same time, 70% said they had received no human trafficking training. 71
 There seems to be a correlation between receiving trafficking training and recognizing its existence within communities. Related to training needs, these workers also need to create procedures to encourage greater coordination with one another. Collaboration increases the likelihood that trafficking cases will be identified.
Trafficking also cannot be effectively tackled without more data collection. This may include everything from formal studies to better intake forms at both shelters and jails. Without more reliable data, full awareness will never be raised. Legislators will not pass stronger legislation or set aside funding for trafficking problems unless evidence shows that a problem exists.7
The biggest challenge for local communities and tribes to implement these recommendations is a lack of funding. 73  Educational programs, training for law enforcement and social workers, new forms, new processes, along with all of the services victims will need once they have been identified are all expensive. 74 In the same Alaskan survey mentioned above, 82%of law enforcement officers perceive that there are not enough resources to provide the necessary training. 75  This is why local communities cannot shoulder the burden of fighting human trafficking alone.

B. National/State/Provincial Government Actions
i.  Allocate Funding and Improve Access to Remedies
States have a responsibility to protect citizens from both external and internal threats.United States Secretary of State John Kerry has even said “[g]overnments bear primary responsibility for responding to this crime [human trafficking].” 76 As referenced in Part I of this paper, national human trafficking laws define the crime and create a legal cause of action for countries to be able to prosecute traffickers. However, many experts claim that these laws do not sufficiently protect victims. 77
 Lawmakers in both the United States and Canada need to review current legislation to determine if adjustments need to be made. Among suggestions for human trafficking legislation in the United States includes safe harbor laws for minors involved in sex trafficking. 78  These laws would protect minor sex trafficking victims while placing the burden on purchasers and pimps. Another legal model currently being promoted is known as the “Nordic Model.” 79 This model penalizes demand for prostitution while decriminalizing individual prostitutes. According to data from the Swedish Ministry of Justice, Sweden is no longer a desirable sex trafficking destination since it implemented this model. 80
 Neither of these options are without controversy, however, and lawmakers will need to educate themselves on the potential positive and negative impacts of these and other potential legislative fixes before passing new human trafficking provisions.

In addition to legislative reforms, governments allocate funding for important initiatives.Because traffickers operate both inside and outside of state borders, significant resources must beallocated to stop these criminals. Since most local communities do not have the resources necessary to effectively fight trafficking, national, state, and provincial governments must find ways to assist. 81 Resources spent on prevention and collection ultimately save money. Disrupting an already entrenched trafficking culture and assisting with victim recovery costs much more than prevention.When governments allocate funding, priority areas should include: training for law enforcement officers, social workers, street outreach workers, educators, and medical workers’ community awareness and education programs; task forces; updates for procedures to make it easier to collaborate between agencies and identify trafficking; 82  studies to get the data on the actual impact of the problem; and victim services for those already harmed by this crime. While government funding is not limitless, prioritizing prevention saves money in the long term.Funding all of these initiatives will help mitigate trafficking damage.

ii. No Contracting with Companies with Known or Alleged Human RightsViolations
Corporations will only take responsibility for human rights violations if market forces are used to encourage the change. 83  While corporate-related human rights violations are not as likely to occur in developed countries with strong legal systems as they would in some developing countries, the United States and Canada are not immune from human rights violations within their borders. Based on the statistics of crime rates surrounding existing extractive industry projects, development-based crimes can occur anywhere. Therefore, all governments, not just the governments of developing countries, have a responsibility to reduce the potential for crime by refusing to award contracts to companies that have not made sufficient efforts to shield communities from worker actions.
 When governments are evaluating which companies should be awarded development contracts, one criteria needs to be whether or not these companies have known human rights violations claims against them. Companies with a history of human rights violations, particularly if the companies shielded workers from liability for those violations, pose a safety risk for the current population. Awarding contracts to companies with these violations does not uphold a government’s responsibility to its citizens. Companies are created for the purpose of making a profit. If companies can no longer be profitable without working to prevent human rights abuses that result from workers and business practices, then they will work harder to insure that their companies do not contribute either directly or indirectly to these abuses. If it is appropriate to penalize companies for violating environmental impact standards, it is just as appropriate to penalize human rights violations. In both the United States and Canada, procedures have been put into place to require Social Impact Assessments (SIAs), which would open up ways for more companies to be penalized for human rights violations. 84 SIAs are used to assess potential social consequences related to development projects. 85 SIA implementation in the United States has been unevenly applied

 because of “theabsence of legal mandates specifically requiring a standalone SIA.” 86
 SIA implementation inCanada faces similar challenges. Under the Canadian Environmental Assessment Act (CEAA), the only “legal requirement to examine impacts on health and socioeconomic conditions if these impacts are a consequence of an impact in the natural environment.” 87 Until both countries require more regular and thorough SIAs in addition to EISs, human security concerns will not be appropriately addressed.
iii.  Defining Corporate Human Rights Obligations as Fiduciary Duties
Governments also increase the pressure on corporations to take responsibility for human rights violations by defining these violations as legally enforceable fiduciary duties.

88 When companies are required to disclose to shareholders what they are doing to prevent human rights abuses and also what actions they have taken to repair harm, then shareholders will have an enforceable breach of fiduciary duty case if the company is not preventing and/or repairing human rights abuses. This way the government uses the formal corporate structure of responsibility to hold companies accountable. 89  As one scholar stated  When as a society we grant a company the license to operate, it is not simply alicense to create as much wealth for its shareholders as possible. It can alsoinvolve the requirement that the company actively promote the fundamental rights and well-being of individuals. . . . 90

iv.  Altering the Legal Definition of Complicity for Criminal Liability

In order to hold a company legally liable for crimes committed by employees, the laws of most countries require proof that the company has been complicit. Complicity standards vary by country. In order to hold a company liable for the actions of workers, the government must prove the company knowingly “provid[ed] practical assistance or encouragement that ha[d] a substantial effect on the commission of a crime. 91
 However, standards vary regarding the definition of „knowingly‟
. The reasonable knowledge standard, as developed in International Tribunals, requires that a company “knew or had reason to know” that its actions contributed tothe crime. 92 However, no consistency exists in the way courts interprets the mens rea requirement for this standard, leaving it up to legislators in individual countries to determine if legislation should be passed to clarify, and potentially lower, corporate complicity standards.States must also clarify how broad a corporation‟s sphere of influence expands. 93
 If  the sphere of influence is too narrow, more liberal definitions will still not allow community members to claim damages for crimes connected to development projects unless corporate leaders actually physical committed the crimes. Lowering the
mens rea requirement and broadening the sphere of influence definition will make it easier for states to hold companies liable for actions that contribute to the spread of human trafficking.
In addition, a company‟s refusal to take steps to prevent abuses could be listed in the lawas another form of complicity. Discussing this omission standard, the Human Rights Commission observed..
Mere presence in a country, paying taxes, or silence in the face of abuses is unlikely toamount to the practical assistance required for legal liability. However, acts of omissionin narrow contexts have led to legal liability of individuals when the omission legitimizedor encouraged the abuse. 94

v. Recognizing Tribal Governments as Legitimate Partners
Because of the impact that trafficking has on indigenous communities, national, state, and provincial governments need to involve tribal governments as partners in the formation of anti-trafficking task forces or other initiatives. In addition, when creating anti-trafficking legislation,the legislation will only be effective when all concerns, including tribal concerns, are adequately addressed.
Tribal communities will also not be able to effectively protect their citizens if states donot legally recognize their right to do so. While studying justice issues in Alaska, the Indian Lawand Order Commission formally recognized this fact. The Commission repeatedly recommendedstate acknowledgment of the validity of tribal law enforcement and tribal justice systems in order  19 for tribal communities to have adequate access to justice. 95
 This includes respecting the role tribal leaders should play in this fight against human trafficking. Chief Isadore Day, a First Nation leader, reminded Canadians of this same truth. 96 He stated publicly that prosperity will spread through the region only with the inclusion and full participation of First Nations in all matters that affect them. While Chief Day‟s words primarily referred to economic development projects, the principle of inclusion applies to all issues that impact the well-being of indigenous communities. In addition, other scholars and leaders are recognizing that respect for tribal self-government, particularly in areas with increased development projects, creates more security for those communities. 97

C. Private Sector Actions
While states have a duty to protect citizens against human rights abuses, corporations have a responsibility to respect human rights. 98  As policymakers debate corporate responsibility,and governments consider tightening requirements on companies, companies have the ability to take actions that will help them demonstrate their commitment to human rights protections. 
Companies need to implement a due diligence process that includes procedures to protect human rights. Companies already create plans to meet environmental standards, building codes,and other regulations. To include in this process a plan to protect communities from possible human rights violations is a good faith attempt to mitigate harm. Implementing these procedures will also protect companies from charges of complicity in crimes committed by workers or complicity based on the omission of duties, and should be a best practice when bringing large development projects into communities. 99
In addition to setting up procedures, companies can also find ways to give back to the community that ultimately protect human rights. Giving money to build schools or fund other local community initiatives is not an uncommon practice for companies, particularly those involved in bidding wars to get the most lucrative contracts. These donations could include special initiatives. For instance, if a company agrees to fund a new school, an educational awareness-raising program for local youth may be included in the funding plan. Or perhaps giving local law enforcement a donation to fund human trafficking awareness training or to   20 strengthen their numbers in order to deal with the increased load that the influx of outside workers will inevitably bring is in order. 100 
Companies will not pay more than is required of them, so using a little forethought in negotiations can put both communities and companies in a more positive position. Creativity in nurturing corporate-community relationships will develop good will between the groups and leave all parties in a more positive position in relation to the contractual relationship.

D. NGO Actions
Governments and local communities need to build strong relationships with NGOs, particularly those with missions to eradicate human trafficking and protect human rights. 101  NGOs act as watchdogs and often have the data, resources, and enthusiasm to pursue actions thatlocal communities and governments may not have. NGOs are able to mobilize workers as well as both national and international attention to troubling situations as they arise.
In return, NGOs need to work with community leaders to understand the nature of problems as well as local concerns. This is particularly important when dealing with indigenous communities. Over the years, many indigenous communities have found themselves surrounded by people who genuinely mean to assist, but come with no cultural understanding. Indigenous peoples do not need more paternalistic individuals. Instead, they are looking for partners who respect local standards and traditions, and acknowledge the partnership nature of their role.Successful relationships between communities and NGOs allow the NGOs to meet their overarching goals while respecting the contribution that indigenous communities can make to their own well being. NGOs bring resources, publications, and new perspectives, and are invaluable partners to assist communities in protecting themselves from crimes like human trafficking.

E.  International Actions
Ultimately, human trafficking is a transnational problem. Traffickers operate across national boundaries, victims are transported across borders, and transnational actors such as multinational companies and individual buyers play key roles in the spread of this crime.Because of the transnational nature of human trafficking, the crime will never be eradicated without international action. Human trafficking complaints can be filed with international human rights tribunals. 102  However, in order for groups or individuals to effectively use international remedies, two major actions must be taken.

First, awareness of human trafficking as a human security issue must be raised internationally. Misinformation regarding the nature of the crime is still rampant, as is the lack of discussion regarding the risks associated with bringing large groups of outside workers into an area. Both historical and current situations demonstrate that risks do exist, and not addressing them will only lead to more problems that will need to be solved in the future. International awareness will then increase the pressure on governments and companies to mitigate these risks.In addition, if more attention is raised, more data will be collected and it will be easier to demonstrate the true impact that this crime is having on both indigenous and non-indigenous communities

To assist with these concerns, the United Nations created The United Nations GlobalInitiative to Fight Human Trafficking (UN.GIFT) in 2007. 103 n According to the official site, “UN.GIFT works with all stakeholders –   governments, business, academia, civil society and the media  –   to support each other‟s work, create new partnerships and develop effective tools to fight human trafficking.” 104  This Initiative promotes efforts to reduce victim vulnerability and the demand for exploitation while respecting fundamental human rights. 105

 This Initiative creates a forum for interested parties to share best practices, contribute to the international body of knowledge, but it will only be truly effective if more parties join and contribute to the Initiative’s efforts.

Second, the international community needs to ensure that indigenous groups, particularly those that do not have a lot of resources or knowledge of international mechanisms, have access to those mechanisms. This is especially important for indigenous communities or nations that ar enot familiar with the procedures for filing grievances with international tribunals. If international organizations will put a stronger effort into getting information to these communities about international options, more groups will have the ability to start filing claims. Then, if they are not feeling supported by their national governments, they have another option for having complaints heard.

The International Bill of Human Rights, which consists of the United Nations Universal Declaration of Human Rights, the International Covenants on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights, is the international human rights rubric. 106 Because human trafficking has been deemed as not just a crime but a human rights violation by various organizations, the human rights principles espoused in these documents ought to apply to human trafficking activity. 107 However, while the criminal provisions created under the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons are obligatory, human rights protections remain discretionary. 108 Perhaps it is time for the international community to focus on the human rights aspects of these crimes.

Human trafficking is a major crime. The suggestions listed above demonstrate the reality that no single group can effectively fight trafficking alone. Risk factors exist on every level from individual community member actions to choices made by international bodies. However, if a multi-front strategy can be created, bringing together the efforts of local communities,government bodies, private companies, NGOs, and international bodies, a strong shield will be formed against crimes like human trafficking.

Conclusion
Economic development in a region does not need to equal the exploitation of loca lcommunities, but based on both historical and current data, it often does unless proper attentionis paid to potential human rights violations. In the circumpolar Arctic region, the circumstances that exist need to be carefully monitored. Major economic projects are being planned in an areawhere large numbers of indigenous peoples reside, often in rural and remote villages. These communities will bear the brunt of the negative impacts associated with development projects,including the rising risk of crimes like human trafficking. The majority of projects planned are extractive ones, and they will require large groups of outside transient workers to be brought into the area. With the connection between human trafficking and these types of development projects as well as the disproportionate impact that trafficking is having on

indigenous communities, these communities have reason to b​e concerned. In addition, the lack of accurate information and data regarding trafficking has left the communities more vulnerable because local officials are not prepared to recognize and fight trafficking activity.

While huan trafficking has become a global epidemic, climate and accessibility issues have likely prevented it from taking as strong of a hold in the circumpolar region as it has in other areas. Therefore, allocating resources to trafficking prevention programs lessens the potential that trafficking as well as other crimes will take hold in this region. These actions also empower local people to fight crime more effectively.
Data demonstrating the potential vulnerability of indigenous women and communities tohuman trafficking should be used to inspire change not minimize community strength. An indigenous woman from Australia shared these sentiments when speaking about human rightsviolations connected to mining in her territory:
[W] e are a strong, proud and intellectual people. We are survivors and we will survive.Indigenous women must be the ones to make their own decisions. Nobody can help them. They don‟t want handouts or pity. They want what is rightfully theirs. They need JUSTICE and their RIGHTS. We can deal with our problems if there is an open, honest,respectful process of doing business. 109
All three aspects of human security, freedom from want, freedom from fear, and freedom to take action on one‟s own behalf, need to be considered when dealing with changing Arctic conditions. The Arctic is warming, the waters are rising, and so are certain threats. With warming temperatures and melting ice comes greater accessibility to the region, leading to more outside influences and more potential human security threats. Indigenous communities in the circumpolar region of the United States and Canada are facing the next wave of economic development in the region. What is needed now is assistance to fight a human security threat that is too enormous to handle alone.Type your paragraph here.

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Criminalisation of sex work normalises violence, review finds
https://www.theguardian.com/society/2018/dec/11/criminalisation-of-sex-work-normalises-violence-review-finds
Sex workers three times more likely to experience violence from client where trade is criminalised, data shows
 Badges promoting the decriminalisation of sex work from the Scarlet Alliance, the organisation for sex workers in Australia. Photograph: Michael Wickham/The Guardian

Sex workers are more likely to suffer poor health, violence and abuse in countries where their trade is criminalised, a major review has found.
The review, by researchers from the London School of Hygiene and Tropical Medicine, found that sex workers suffering repressive policing – including arrest, imprisonment and extortion by officers – were three times more likely to experience sexual or physical violence from a client and were twice as likely to have HIV or another sexually transmitted infection as those who lived in countries where sex work was tolerated.
Sex workers who fear that they, or their clients, may be picked up by the police are more likely to engage in risky encounters, unable to take the time to talk to a client before getting into a car or negotiate terms in advance, the researchers found.
Their health and safety were at risk not only in countries where sex work was criminalised, but also in Canada, which has introduced the “Nordic model” pioneered by Sweden, under which the client can be arrested for a criminal offence, but not the sex worker.
Published in the journal PLOS Medicine, the paper by Lucy Platt, associate professor in public health epidemiology, and Pippa Grenfell, assistant professor of public health sociology, is a review of data from 33 countries. They included comments from sex workers who took part in some of the studies.
Canada passed a law in 2014 to make it illegal to pay for sex, but some sex workers say that has made their lives more risky.
“They couldn’t have designed a law better to make it less safe,” said one sex worker. “It’s like you have to hide out, you can’t talk to a guy, and there’s no discussion about what you’re willing to do and for how much. The negotiation has to take place afterwards, which is always so much scarier. It’s designed to set it up to be dangerous. I don’t think it was the original intention, but that’s what it does.”
Another woman working on the streets in Canada said she was no longer able to talk through the car window to ensure they felt safe. “Because of being so cold and being harassed, I got into a car where I normally wouldn’t have. The guy didn’t look at my face right away. And I just hopped in cause I was cold and tired of standing out there. And you know, he put something to my throat. And I had to do it for nothing.”
France, Iceland, Northern Ireland, Norway, the Republic of Ireland and Sweden also criminalise the client. Guatemala, Mexico, Turkey and the US state of Nevada have regulated sex work, which allows better conditions for some, but worse for the many who operate outside the regulated arrangements.
A man in the UK said the ideal situation was working from shared premises, where everybody had companionship and greater security. But, although buying and selling sexual services is legal, that can fall foul of the law. “Because of the legal situation, you have to be very, very careful. Because obviously it’s running a brothel, which has … really dangerous consequences these days,” he said.
New Zealand is the only country to have decriminalised sex work, in 2003, although it is not legal for migrants. Sex workers said they were more able to refuse clients and insist on condom use, while relationships with police were better. “We always have police coming up and down the street every night,” said one woman. “We’d even have them coming over to make sure that we were all right and making sure … that we’ve got minders and that they were taking registration plates and the identity of the clients. So … it changed the whole street, it’s changed everything.”
Grenfell said: “It is clear from our review that criminalisation of sex work normalises violence and reinforces gender, racial, economic and other inequalities. Decriminalisation of sex work is urgently needed, but other areas must also be addressed.
“Wider political action is required to tackle the inequalities, stigma and exclusion that sex workers face, not only within criminal justice systems but also in health, domestic violence, housing, welfare, employment, education and immigration sectors.”

Rising Waters, Rising Threats: The Human Trafficking of Indigenous Women in the Circumpolar Region of the United States and Canada
Yearbook of Polar Law, Volume VI, 2014
Victoria Sweet
https://www.academia.edu/6119636/Rising_Waters_Rising_Threats_The_Human_Trafficking_of_Indigenous_Women_in_the_Circumpolar_Region_of_the_United_States_and_Canada?auto=download
Rising Waters, Rising Threats: The Human Trafficking of Indigenous Women in theCircumpolar Region of the United States and Canada

Victoria Sweet

 Abstract
Among indigenous people around the world, human trafficking is taking a tremendous toll. Whiletrafficking is not an exclusively indigenous issue, disproportionately large numbers of indigenous people, particularly women, are modern trafficking victims. In Canada, several groups concerned about humantrafficking have conducted studies primarily focused on the sex trade because many sex workers areactually trafficking victims under both domestic and international legal standards. These studies foundthat First Nations women and youth represent between 70 and 90% of the visible sex trade in areas wherethe Aboriginal population is less than 10%. Very few comparable studies have been conducted in theUnited States, but studies in both Minnesota and Alaska found similar statistics among U.S. indigenouswomen.
With the current interest in resource extraction, and other opportunities in the warming Arctic, people from outside regions are traveling north in growing numbers. This rise in outside interactionsincreases the risk that the indigenous women may be trafficked. Recent crime reports from areas that havehad an influx of outsiders such as Williston, North Dakota, U.S. and Fort McMurray, Alberta, Canada, both part of the new oil boom, demonstrate the potential risks that any group faces when people with nocommunity accountability enter an area. The combination of development in rural locations, thedemographic shift of outsiders moving to the north, and the lack of close monitoring in this circumpolararea is a potential recipe for disaster for indigenous women in the region. This paper suggests that in orderto protect indigenous women, countries and indigenous nations must acknowledge this risk and plan forways to mitigate risk factors.

Keywords
Human Trafficking, Human Security, Extractive Industries, Arctic, Circumpolar Arctic, Climate Change,Indigenous Women, Violence against Women, Corporate Responsibility

Introduction
A booming modern slave trade exists in the world today. An estimated 27 million peopleare trafficked – some for sex and some as laborers.2 Experts say that trafficking has surpassed the illegal arms trade, making it one of the top-grossing criminal industries in the world. 3
 For indigenous peoples, human trafficking is just the new name of a historical problem. 4
 They have experienced exploitation by outsiders in many different areas of the world for generations. 5  While trafficking is not an exclusively indigenous issue, according to collected data an alarmingly large number of indigenous people, particularly indigenous women, are modern day trafficking victims.
Recently, the attention of the world has turned to the Arctic region, an area where asignificant number of indigenous peoples reside. The Arctic is melting, and with the melting hascome changes: warming temperatures; rising waters; ecosystem changes; and altered animal, bird, and sea mammal migrations, to name a few. 7  Because of these changes, investors now findthe Arctic an attractive location for new business ventures, tourism, and other economicactivities. However, with an increase in outside influences comes a greater risk that humantrafficking may become a problem in the Arctic region unless the risks are mitigated.

The scope of this article will be limited to the sex trafficking of indigenous women in thecircumpolar region of Alaska and Canada, with the recognition that other forms of humantrafficking exist, other populations are also at risk, and that other areas within the Arctic mayface similar concerns. Section I reviews the legal definition of human trafficking and whymisunderstanding the nature of the crime has exacerbated the problem. Section II addresses thedisproportionate impact that trafficking is having on indigenous communities. Section III 3 explores the connection between some forms of economic development and human traffickingand how current regional development plans create human security risks for local indigenouscommunities. Section IV proposes a multi-system approach to mitigate these risks andeffectively fight the crime of human trafficking. This approach makes recommendations anddiscusses already existing frameworks on the local/tribal, state/provincial/national, corporate, NGO, and international levels.

Part I 
The Legal Definition of Human Trafficking
 When people think about human trafficking, they picture the scenario portrayed in popular entertainment. 8 A young girl is kidnapped, drugged, and held captive in a foreigncountry to be sold for sex. While this type of trafficking occurs and is as terrifying as portrayed,it is not the only or even the most common form. Unfortunately, community members,lawmakers, and law enforcement officers all risk underestimating the impact of trafficking oncommunities if their understanding remains limited to this one scenario. Human traffickingcomes in many forms. It does not require kidnapping, movement, or border crossings. At itsheart, it is a crime of exploitation and abuse.

Since 2000 international law has defined human trafficking as:
[t]he recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat  or use of force  or other forms of coercion , of abduction , of  fraud , of
deception, of the  abuse of power or a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, theexploitation or the prostitution of others or other forms of sexual exploitation, forcedlabour or services, slavery or practices similar to slavery, servitude or the removal oforgans. [emphasis added] 9
While the elements of transportation, transfer, and abduction are included in the definition, the majority of key elements refer to different forms of exploitation and coercion
When countries began passing domestic trafficking legislation, national laws also shiftedthe focus from physical methods of trafficking to the underlying emotional techniques. The United States’ human trafficking legislation defines the essential elements of trafficking as theuse of “ fraud, force, or coercion” in order to commercially benefit off of the victim. 10
Similarly, the Canadian national legislation emphasizes exploitation over transportation.The Department of Justice clarifies that “[t]rafficking in persons is about exploitation and does   4 not necessarily involve movement.” 11
 The law then emphasizes that qualifying behavior “could reasonably . . . cause the other person to believe that their safety or the safety of a person knownto them would be threatened if they failed to provide . . . the labour or service.” 12

The term human trafficking itself misleads people about the nature of the crime since trafficking implies movement. However, as a term of art, human trafficking will continue to be written into legislation, treaties, and other legal documents. Therefore, awareness must be raised about the true nature of the crime and the various ways it impacts communities. Until law enforcement and service providers recognize trafficking indicators within their own communities, the crime will proliferate.

Getting this information to communities has been impeded by the fact that the crime ishighly underreported. Many trafficking victims do not identify themselves as victims. Somesuffer from fear, shame, and distrust of law enforcement. 13  It is also not unusual for traffickingvictims to develop traumatic bonds with their traffickers because of the manipulative nature of this crime. 14
The fact that almost no human trafficking data currently exists further amplifies these problems. Visualizing the full scope of the problem is difficult when almost no statistics or numbers demonstrate the reality of the situation. As stated in one report out of Canada
“[t]he criminal and marginalized nature of sexual exploitation makes it difficult to determine the total numbers of victims in Canada; there is no data collection/tracking method that provides a complete picture of commercial sexual exploitation or human trafficking.” 15
 With so little formal data available, scholars must rely on less accepted sources of information such as press accounts and personal anecdotes. Unfortunately, until researchers conduct more formal studies, these sources provide the only available foundational data. Both the gravity of the crime as well as the need for reliable information should provide some inspiration to encourage more research on this topic. 16


Part  II 
Human Trafficking Impact on Indigenous Communities
The majority of sex trafficking data comes from studies about prostitution or commercial sexual exploitation. Although not every person involved in prostitution is legally a trafficking victim, according to the limited data gathered so far, many are. In one commercial sexual exploitation study, researchers discovered that over half of the women interviewed “met a conservative legal definition of human trafficking.” 17
The Canadian Standing Committee on the Status of Women has come to an even more forceful conclusion about the link between prostitution and human trafficking. According to the committee‟s formal statement “prostitution is closely linked to trafficking in persons . . . [because] prostitution is a form of violence and a violation of human rights . . . [and] consent is irrelevant because you can never consent to sexual exploitation.” 18
This statement is not without controversy. The Human Rights Caucus stated that “[o]bviously, by definition, no one consents to abduction or forced labour, but an adult woman is able to consent to engage in an illicit activity (such as prostitution). If no one is forcing her to engage in such activity, then trafficking does not exist.” 19 Keeping both perspectives in mind, researchers need to proceed cautiously when linking prostitution and human sex trafficking data. However, until more trafficking-specific data can be collected, the data derived from prostitution and commercial sexual exploitation studies provides the information necessary to start visualizing human trafficking activity and impact.
While little general human trafficking data exists, even less has been gathered about how prostitution, and by extension human trafficking, affects indigenous communities. However, thed ata that has been collected is alarming. A review of the community impact data taken from four formal studies demonstrates both the disproportionate impact and the strong similarities between indigenous communities in both the United States and Canada. To provide a varied perspective,two of the studies chosen were conducted in different states in the United States and the other two were conducted in different Canadian provinces.
Researchers conducted the first United States study in Minnesota. According to the data,roughly 25% of the women arrested for prostitution in Hennepin County identified as American Indian while American Indians comprise only 2.2% of the total population. 20  Alaska was the location for the second study. In Anchorage, 33% of the women arrested for prostitution were Alaska Native, but Alaska Natives make up only 7.9% of the population. 21
The Canadian studies showed similar results. In a study conducted in Winnipeg, 50% ofadult sex workers were defined as Aboriginal, while Aboriginal peoples comprise only 10% ofthe population. 22 Vancouver was the location for the second study. Fifty-two percent of thewomen involved in the commercial sex trade were identified as First Nations, while First Nations people comprise only 7% of the general population. 23
Data from only four studies does not provide a thorough picture of human trafficking’s  impact on indigenous communities, but it does show a disturbing trend. In all four locations,indigenous women are disproportionately represented in the commercial sex trade. The data also demonstrates that this is not a localized problem. These studies were conducted in four geographically distinct locations in two different countries, proving that the commercial sexual exploitation of indigenous women crosses national borders and threatens the security of all indigenous communities.
While the data from these studies provides a strong argument that indigenous womenmay be more strongly impacted by human trafficking than other women, it is not the onlyevidence that leads to this conclusion. Data from studies about vulnerability and risk factors provides additional support for this argument.
Anywhere from 50 to 80% of identified victims are or were involved with child welfare services at some point in their lives. 24 Traffickers prey on children and youth with low self-esteem and minimal social support. 25  Some other risk factors specifically identified in a study done by the Alaska Trafficking Task Force include: poverty; limited education; lack of work opportunities; homeless/orphan/run away/thrown away youth; history of previous sexual abuse; physical, emotional, or mental health challenges; drug or alcohol addiction; PTSD; multiple arrests; history of truancy or being expelled. 26 Many indigenous communities struggle with the very problems that these studies have identified as vulnerability factors.
In addition, indigenous women already face high safety risks. Violence againstindigenous women rates in both the United States and Canada are extremely high. According tothe United States Department of Justice “American Indians are 2.5 times more likely toexperience sexual assault crimes compared to all other races.” 27  A 2013 report on forcible raperates found that Alaska has the highest rates in the United States, with South Dakota coming in aclose second. Sixty-one percent of rape victims in Alaska are Alaska Natives, and 40% ofvictims in South Dakota are American Indian. 28
In Canada, Aboriginal women aged fifteen and older reported almost three times higher rates of violent victimization than non-Aboriginal women. 29 Statistics also demonstrate thatAboriginal women are significantly overrepresented as homicide victims. 30 Related to this arethe high rates of missing and murdered indigenous women throughout Canada, most of whichremain unsolved crimes. 31 According to the Sisters In Spirit initiative, “Aboriginal women are the most at risk group in Canada for issues related to violence.” 32
 Even internationalorganizations recognize the risks of violence that indigenous girls face. The UN Inter-AgencyTask Force on Adolescent Girls identified indigenous girls as one of the groups at a particularlyhigh risk of human rights abuses, which includes trafficking. 33

Without more data, making a concrete case that human trafficking disproportionately impacts indigenous communities is difficult. However, the data from the studies of commercial sexual exploitation and prostitution, combined with known vulnerability factors and known levels of violence against indigenous women in both the United States and Canada, provide sufficient evidence to conclude that indigenous communities currently are and will continue to be disproportionately impacted by human trafficking. Therefore, when risk factors for trafficking appear in areas heavily populated by indigenous communities, precautions must be taken to protect the people in those areas before they become statistics.

Part III The Threat of Trafficking in the Circumpolar Arctic
An estimated 4 million people inhabit the Arctic and about 13.1 million people live in thecircumpolar region. 34  While indigenous people are a minority in the region, they are a majorityin certain areas. For instance, around 85% of the inhabitants of Nunavut are indigenous. 35 Insome of the villages in northern Alaska, between 70% and 90% of the population is Alaska Native. 36 So, when activities occur that could impact human security issues in the Arctic,including the broader circumpolar region, the activities will impact indigenous communities.
With the human trafficking industry expanding world wide, individual traffickers and organized crime networks are looking for new, profitable markets. Areas with major economic development projects, particularly projects that will require the importation of large numbers of outside workers, are prime trafficking locations. The circumpolar region of the United States and Canada meets all of these criteria.
Criminals from outside of the region may try to expand into the area, but potential dangeralso comes from within communities. An increased demand for prostituted women and girls willcome with large numbers of outside workers. Traffickers fill this kind of demand through theexploitation of others. Overlooking these potential external and internal risks increases the possibility that regional development will lead to a serious human trafficking problem.

A.  Economic Development in the Arctic
A recently released Lloy’s/Chatham House publication predicts over $100 billion ininvestments in the Arctic will be made over the next decade. 37 In the circumpolar region of theUnited States and Canada, companies have already announced numerous development projects.To demonstrate the enormity of the economic development plans, below are a few examples of some of the proposed projects:
The new port planned for Nome 38
 Graphite One mine project in Nome 39
MMG Ltd.‟s plans to build two mines in Nunavut by 2018
Itzok Corridor Project that is expected to produce an annual 180,000 tonnes ofzinc and 50,000 tonnes of copper
A huge open pit iron ore mine that will be constructed above the Arctic Circle in Nunavu
The Mary River project on the Baffin Islands, expected to produce an annual 18million tonnes of iron ore 40
These projects alone will require an enormous workforce, and they are just a sampling of proposed projects. Radical changes in the nature of life are coming to this mostly rural circumpolar region. Some literature suggests that rural and remote communities are more vulnerable than urban communities to the negative impacts that come with large development projects. 41 Even without development projects, residing in rural locations negatively impacts women’s safety . In one report, a 19-year-old Alaska Native woman in a small village called police after being raped in her home. The police not only did not answer the phone, they did not even respond to the message she left. 42  The geographical isolation of many of these communities reduces economic opportunities for women, limits victim services, and increases community member vulnerabilities. 43  These factors all increase the risks for women living in the region.
This new wave of development does not represent the first time that outsiders have gone to this region hoping to make a profit. Historically, large numbers of outsiders have flooded into northern Alaska and Canada looking for economic benefits, sometimes at the expense of local communities. Stories go back to the days of the Hudson Bay Company. In one story, a company officer openly kept a Chippeweyan woman as a “slave woman” and during that same period brothels were filled with Aboriginal women to “service European men.” 44 During the gold rush in both Alaska and Canada, large numbers of outsiders entered the area looking for economic opportunities. While documents do not refer to the activities that occurred as trafficking, at a minimum, prostitution and other forms of exploitation occurred. 45
Later, from 1974-1977, the Alaska pipeline again brought tens of thousands of workers to the area. Boom towns formed in Valdez, Fairbanks, and Anchorage. Economic development again brought with it a spike in crime. As workers made large sums of money, crime and illicit activity rates rose. 4

Not every story of exploitation or abuse has been documented. In some villages,community members tell anecdotal stories about outsiders who entered the area while fishing orwhaling, and left behind pregnant women and young babies. 47 Simply impregnating women doesnot equate to human trafficking activity, but the stories are part of a regional history in which indigenous women and girls are strongly impacted by the entry of outsiders into the region.
Exacerbating these concerns in the United States’ circumpolar region are justice systems issues that differentiate Alaska from the rest of the country. The Indian Law and Order Commission recently released a report, which devoted an entire chapter to the justice system in Alaska, condemning it as the worst system for providing justice for Natives in the United States. 48 One tribal citizen testifying at a public hearing said to the commission,
Every woman you‟ve met today has been raped. All of us. I know they won‟t believe that in the lower 48, and the State will deny it, but it‟s true. We all know each other and we live here. We know what’s happened. Please tell Congress and President Obama before it‟s too late. 49
In order to protect women, particularly indigenous women, from the dangers that come with economic development, communities need to remember the historical stories, officials need to understand the risk factors that come with extractive developments in rural areas, and preparations must be made for the next wave of outsiders entering the region.

B. Trafficking as a Human Security Risk in the Arctic
Assessing security risks in the Arctic requires leaders to analyze more than just militaryor economic security. It requires an understanding of human security.

50 The definition of humansecurity has three parts, freedom from want, freedom from fear, and freedom to take action on one’s own behalf. 51 To protect human security means to protect people from “critical and pervasive threats and situations. ” 52  Within the definition of human security are seven categories of threats:
Economic Security (assured basic income)
Food Security (physical and economic access to food)
Health Security (relative freedom from disease and infection)
Environmental Security (access to sanitary water supply, clean air and non-degraded land system)
Personal Security (security from physical violence and threats)
Community Security (security of cultural integrity)
Political Security (protection of basic human rights and freedoms) 53

Human trafficking threatens at least three of these categories: personal, community, and political security. Therefore, Arctic security discussions are incomplete without a discussion of human trafficking. If the women and girls of the community are destroyed by this crime, the integrity of the whole culture is impacted, and basic human rights are not protected.
According to the Human Rights Council, “[e]scalating charges of corporate
-related human rights abuses are the canary in the coal mine, signaling that all is not well.” 54
 Human rights violations have been alleged against numerous corporations, with large numbers of complaints being connected to extractive industry development in rural areas.
55  Mining projects cannot succeed without large numbers of workers. In rural areas, companies bring workers from outside the region to meet this need. When large numbers of outside workers with no connection to the community arrive in an area, violent crime rates rise. In discussing the link between extractive industry development and human trafficking, the US attorney for South Dakota said,   12 “[a]nytime you have large groups of men gathering, you‟re going to have the potential for sex trafficking problems.” 56
 Another law enforcement officer serving in a developing area noted that the outside workers appear to have no respect for local laws. 57  Perhaps they are law-abiding citizens in the communities where they come from, but they have no allegiance to the communities where they only temporarily reside. 58
Williston, North Dakota provides a contemporary example of the fate that await sun prepared communities in the circumpolar Arctic region. The city sits on top of the Bakken oil formation.59 With the opening of the oil fields, hundreds of mostly male workers from outside ofthe state flocked to the town. The company houses workers in makeshift camps referred to as man camps. Within two years, the overall crime rates have increased 7.2 percent, which include large numbers of “forcible rape [s] . . . prostitution, and „other‟ sexual offenses .”60  Community members say that they know women and girls are being trafficked, but according to a law enforcement officer in the area, they do not keep trafficking statistics, so it is impossible to know the exact extent of this crime on the community. 61
A town in Canada has a similar story. In Fort McMurray, Alberta crime rates, specifically crimes against women, jumped in the same manner as the rates in North Dakota. 62
 The mining boom brought an influx of crime to this town. In 2009 Fort McMurray had a crime rate of one crime for every five residents and was ranked “in the top five Canadian cities in terms of the crime severity index.” 63
Because business practices affect almost all human rights, government officials and community members must observe the impact these practices have within the community. The extractive industry is not the only industry that is prone to abuse.

64 For example, complaints about the tourism industry demonstrate that trafficking may occur in many settings. 65 However,the bulk of new development in this region is extractive in nature. Therefore, communities should focus immediate attention on extractive industry practices.
Private sector investment drives valuable economic growth for communities, but withoutadherence to human rights standards, development projects can lead to violence and conflict. Themost vulnerable or marginalized members of communities are often excluded from the economic benefits, and instead bear the brunt of negative social impacts. 66

Part IV Mitigating the Risks
The third aspect of human security listed in the previous section is freedom to take action
on one‟s own behalf. 67 For local people to protect themselves in this new era of economic development, new systems and procedures must be formed. No single system can successfully combat trafficking, but a multi-system approach can assist a community in protecting itself. A police officer experienced in fighting trafficking said it this way, “The fight against human trafficking will not be won by cops or caped crusaders. Human trafficking will only be destroyed when we come together as a society and agree it is a problem, agree it needs to be stopped and agree to work together to stop it.” 68
 When local/tribal, state, federal, and international leaders implement anti-trafficking programs, communities will finally have effective protections against this threat. Complete programs include a wide variety of preventative measures, legal protections, and victim support. 69

A. Local/Tribal Community Actions
Local and tribal communities need to begin by raising awareness among community members about the legal definition of human trafficking, warning signs to watch for, and common ploys of traffickers. This process begins with educational programs in schools,community awareness meetings, and public service announcements. In addition, traffickers now 14 use the internet to access victims, particularly youth, necessitating special training to warn youth of these online dangers. 70
After raising awareness, communities need to focus on training workers who are mostlikely to encounter trafficking victims. Street outreach workers, social workers, law enforcementofficials, educators, and medical workers require appropriate training to recognize trafficking indicators. In a recent study done in Alaska, 70% of local and state law enforcement agents did not perceive signs of human trafficking in their communities, while at the same time, 70% said they had received no human trafficking training. 71
 There seems to be a correlation between receiving trafficking training and recognizing its existence within communities. Related to training needs, these workers also need to create procedures to encourage greater coordination with one another. Collaboration increases the likelihood that trafficking cases will be identified.
Trafficking also cannot be effectively tackled without more data collection. This may include everything from formal studies to better intake forms at both shelters and jails. Without more reliable data, full awareness will never be raised. Legislators will not pass stronger legislation or set aside funding for trafficking problems unless evidence shows that a problem exists.7
The biggest challenge for local communities and tribes to implement these recommendations is a lack of funding. 73  Educational programs, training for law enforcement and social workers, new forms, new processes, along with all of the services victims will need once they have been identified are all expensive. 74 In the same Alaskan survey mentioned above, 82%of law enforcement officers perceive that there are not enough resources to provide the necessary training. 75  This is why local communities cannot shoulder the burden of fighting human trafficking alone.

B. National/State/Provincial Government Actions
i.  Allocate Funding and Improve Access to Remedies
States have a responsibility to protect citizens from both external and internal threats.United States Secretary of State John Kerry has even said “[g]overnments bear primary responsibility for responding to this crime [human trafficking].” 76 As referenced in Part I of this paper, national human trafficking laws define the crime and create a legal cause of action for countries to be able to prosecute traffickers. However, many experts claim that these laws do not sufficiently protect victims. 77
 Lawmakers in both the United States and Canada need to review current legislation to determine if adjustments need to be made. Among suggestions for human trafficking legislation in the United States includes safe harbor laws for minors involved in sex trafficking. 78  These laws would protect minor sex trafficking victims while placing the burden on purchasers and pimps. Another legal model currently being promoted is known as the “Nordic Model.” 79 This model penalizes demand for prostitution while decriminalizing individual prostitutes. According to data from the Swedish Ministry of Justice, Sweden is no longer a desirable sex trafficking destination since it implemented this model. 80
 Neither of these options are without controversy, however, and lawmakers will need to educate themselves on the potential positive and negative impacts of these and other potential legislative fixes before passing new human trafficking provisions.

In addition to legislative reforms, governments allocate funding for important initiatives.Because traffickers operate both inside and outside of state borders, significant resources must beallocated to stop these criminals. Since most local communities do not have the resources necessary to effectively fight trafficking, national, state, and provincial governments must find ways to assist. 81 Resources spent on prevention and collection ultimately save money. Disrupting an already entrenched trafficking culture and assisting with victim recovery costs much more than prevention.When governments allocate funding, priority areas should include: training for law enforcement officers, social workers, street outreach workers, educators, and medical workers’ community awareness and education programs; task forces; updates for procedures to make it easier to collaborate between agencies and identify trafficking; 82  studies to get the data on the actual impact of the problem; and victim services for those already harmed by this crime. While government funding is not limitless, prioritizing prevention saves money in the long term.Funding all of these initiatives will help mitigate trafficking damage.

ii. No Contracting with Companies with Known or Alleged Human RightsViolations
Corporations will only take responsibility for human rights violations if market forces are used to encourage the change. 83  While corporate-related human rights violations are not as likely to occur in developed countries with strong legal systems as they would in some developing countries, the United States and Canada are not immune from human rights violations within their borders. Based on the statistics of crime rates surrounding existing extractive industry projects, development-based crimes can occur anywhere. Therefore, all governments, not just the governments of developing countries, have a responsibility to reduce the potential for crime by refusing to award contracts to companies that have not made sufficient efforts to shield communities from worker actions.
 When governments are evaluating which companies should be awarded development contracts, one criteria needs to be whether or not these companies have known human rights violations claims against them. Companies with a history of human rights violations, particularly if the companies shielded workers from liability for those violations, pose a safety risk for the current population. Awarding contracts to companies with these violations does not uphold a government’s responsibility to its citizens. Companies are created for the purpose of making a profit. If companies can no longer be profitable without working to prevent human rights abuses that result from workers and business practices, then they will work harder to insure that their companies do not contribute either directly or indirectly to these abuses. If it is appropriate to penalize companies for violating environmental impact standards, it is just as appropriate to penalize human rights violations. In both the United States and Canada, procedures have been put into place to require Social Impact Assessments (SIAs), which would open up ways for more companies to be penalized for human rights violations. 84 SIAs are used to assess potential social consequences related to development projects. 85 SIA implementation in the United States has been unevenly applied

 because of “theabsence of legal mandates specifically requiring a standalone SIA.” 86
 SIA implementation inCanada faces similar challenges. Under the Canadian Environmental Assessment Act (CEAA), the only “legal requirement to examine impacts on health and socioeconomic conditions if these impacts are a consequence of an impact in the natural environment.” 87 Until both countries require more regular and thorough SIAs in addition to EISs, human security concerns will not be appropriately addressed.
iii.  Defining Corporate Human Rights Obligations as Fiduciary Duties
Governments also increase the pressure on corporations to take responsibility for human rights violations by defining these violations as legally enforceable fiduciary duties.

88 When companies are required to disclose to shareholders what they are doing to prevent human rights abuses and also what actions they have taken to repair harm, then shareholders will have an enforceable breach of fiduciary duty case if the company is not preventing and/or repairing human rights abuses. This way the government uses the formal corporate structure of responsibility to hold companies accountable. 89  As one scholar stated  When as a society we grant a company the license to operate, it is not simply alicense to create as much wealth for its shareholders as possible. It can alsoinvolve the requirement that the company actively promote the fundamental rights and well-being of individuals. . . . 90

iv.  Altering the Legal Definition of Complicity for Criminal Liability

In order to hold a company legally liable for crimes committed by employees, the laws of most countries require proof that the company has been complicit. Complicity standards vary by country. In order to hold a company liable for the actions of workers, the government must prove the company knowingly “provid[ed] practical assistance or encouragement that ha[d] a substantial effect on the commission of a crime. 91
 However, standards vary regarding the definition of „knowingly‟
. The reasonable knowledge standard, as developed in International Tribunals, requires that a company “knew or had reason to know” that its actions contributed tothe crime. 92 However, no consistency exists in the way courts interprets the mens rea requirement for this standard, leaving it up to legislators in individual countries to determine if legislation should be passed to clarify, and potentially lower, corporate complicity standards.States must also clarify how broad a corporation‟s sphere of influence expands. 93
 If  the sphere of influence is too narrow, more liberal definitions will still not allow community members to claim damages for crimes connected to development projects unless corporate leaders actually physical committed the crimes. Lowering the
mens rea requirement and broadening the sphere of influence definition will make it easier for states to hold companies liable for actions that contribute to the spread of human trafficking.
In addition, a company‟s refusal to take steps to prevent abuses could be listed in the lawas another form of complicity. Discussing this omission standard, the Human Rights Commission observed..
Mere presence in a country, paying taxes, or silence in the face of abuses is unlikely toamount to the practical assistance required for legal liability. However, acts of omissionin narrow contexts have led to legal liability of individuals when the omission legitimizedor encouraged the abuse. 94

v. Recognizing Tribal Governments as Legitimate Partners
Because of the impact that trafficking has on indigenous communities, national, state, and provincial governments need to involve tribal governments as partners in the formation of anti-trafficking task forces or other initiatives. In addition, when creating anti-trafficking legislation,the legislation will only be effective when all concerns, including tribal concerns, are adequately addressed.
Tribal communities will also not be able to effectively protect their citizens if states donot legally recognize their right to do so. While studying justice issues in Alaska, the Indian Lawand Order Commission formally recognized this fact. The Commission repeatedly recommendedstate acknowledgment of the validity of tribal law enforcement and tribal justice systems in order  19 for tribal communities to have adequate access to justice. 95
 This includes respecting the role tribal leaders should play in this fight against human trafficking. Chief Isadore Day, a First Nation leader, reminded Canadians of this same truth. 96 He stated publicly that prosperity will spread through the region only with the inclusion and full participation of First Nations in all matters that affect them. While Chief Day‟s words primarily referred to economic development projects, the principle of inclusion applies to all issues that impact the well-being of indigenous communities. In addition, other scholars and leaders are recognizing that respect for tribal self-government, particularly in areas with increased development projects, creates more security for those communities. 97

C. Private Sector Actions
While states have a duty to protect citizens against human rights abuses, corporations have a responsibility to respect human rights. 98  As policymakers debate corporate responsibility,and governments consider tightening requirements on companies, companies have the ability to take actions that will help them demonstrate their commitment to human rights protections. 
Companies need to implement a due diligence process that includes procedures to protect human rights. Companies already create plans to meet environmental standards, building codes,and other regulations. To include in this process a plan to protect communities from possible human rights violations is a good faith attempt to mitigate harm. Implementing these procedures will also protect companies from charges of complicity in crimes committed by workers or complicity based on the omission of duties, and should be a best practice when bringing large development projects into communities. 99
In addition to setting up procedures, companies can also find ways to give back to the community that ultimately protect human rights. Giving money to build schools or fund other local community initiatives is not an uncommon practice for companies, particularly those involved in bidding wars to get the most lucrative contracts. These donations could include special initiatives. For instance, if a company agrees to fund a new school, an educational awareness-raising program for local youth may be included in the funding plan. Or perhaps giving local law enforcement a donation to fund human trafficking awareness training or to   20 strengthen their numbers in order to deal with the increased load that the influx of outside workers will inevitably bring is in order. 100 
Companies will not pay more than is required of them, so using a little forethought in negotiations can put both communities and companies in a more positive position. Creativity in nurturing corporate-community relationships will develop good will between the groups and leave all parties in a more positive position in relation to the contractual relationship.

D. NGO Actions
Governments and local communities need to build strong relationships with NGOs, particularly those with missions to eradicate human trafficking and protect human rights. 101  NGOs act as watchdogs and often have the data, resources, and enthusiasm to pursue actions thatlocal communities and governments may not have. NGOs are able to mobilize workers as well as both national and international attention to troubling situations as they arise.
In return, NGOs need to work with community leaders to understand the nature of problems as well as local concerns. This is particularly important when dealing with indigenous communities. Over the years, many indigenous communities have found themselves surrounded by people who genuinely mean to assist, but come with no cultural understanding. Indigenous peoples do not need more paternalistic individuals. Instead, they are looking for partners who respect local standards and traditions, and acknowledge the partnership nature of their role.Successful relationships between communities and NGOs allow the NGOs to meet their overarching goals while respecting the contribution that indigenous communities can make to their own well being. NGOs bring resources, publications, and new perspectives, and are invaluable partners to assist communities in protecting themselves from crimes like human trafficking.

E.  International Actions
Ultimately, human trafficking is a transnational problem. Traffickers operate across national boundaries, victims are transported across borders, and transnational actors such as multinational companies and individual buyers play key roles in the spread of this crime.Because of the transnational nature of human trafficking, the crime will never be eradicated without international action. Human trafficking complaints can be filed with international human rights tribunals. 102  However, in order for groups or individuals to effectively use international remedies, two major actions must be taken.

First, awareness of human trafficking as a human security issue must be raised internationally. Misinformation regarding the nature of the crime is still rampant, as is the lack of discussion regarding the risks associated with bringing large groups of outside workers into an area. Both historical and current situations demonstrate that risks do exist, and not addressing them will only lead to more problems that will need to be solved in the future. International awareness will then increase the pressure on governments and companies to mitigate these risks.In addition, if more attention is raised, more data will be collected and it will be easier to demonstrate the true impact that this crime is having on both indigenous and non-indigenous communities

To assist with these concerns, the United Nations created The United Nations GlobalInitiative to Fight Human Trafficking (UN.GIFT) in 2007. 103 n According to the official site, “UN.GIFT works with all stakeholders –   governments, business, academia, civil society and the media  –   to support each other‟s work, create new partnerships and develop effective tools to fight human trafficking.” 104  This Initiative promotes efforts to reduce victim vulnerability and the demand for exploitation while respecting fundamental human rights. 105

 This Initiative creates a forum for interested parties to share best practices, contribute to the international body of knowledge, but it will only be truly effective if more parties join and contribute to the Initiative’s efforts.

Second, the international community needs to ensure that indigenous groups, particularly those that do not have a lot of resources or knowledge of international mechanisms, have access to those mechanisms. This is especially important for indigenous communities or nations that ar enot familiar with the procedures for filing grievances with international tribunals. If international organizations will put a stronger effort into getting information to these communities about international options, more groups will have the ability to start filing claims. Then, if they are not feeling supported by their national governments, they have another option for having complaints heard.

The International Bill of Human Rights, which consists of the United Nations Universal Declaration of Human Rights, the International Covenants on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights, is the international human rights rubric. 106 Because human trafficking has been deemed as not just a crime but a human rights violation by various organizations, the human rights principles espoused in these documents ought to apply to human trafficking activity. 107 However, while the criminal provisions created under the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons are obligatory, human rights protections remain discretionary. 108 Perhaps it is time for the international community to focus on the human rights aspects of these crimes.

Human trafficking is a major crime. The suggestions listed above demonstrate the reality that no single group can effectively fight trafficking alone. Risk factors exist on every level from individual community member actions to choices made by international bodies. However, if a multi-front strategy can be created, bringing together the efforts of local communities,government bodies, private companies, NGOs, and international bodies, a strong shield will be formed against crimes like human trafficking.

Conclusion
Economic development in a region does not need to equal the exploitation of loca lcommunities, but based on both historical and current data, it often does unless proper attentionis paid to potential human rights violations. In the circumpolar Arctic region, the circumstances that exist need to be carefully monitored. Major economic projects are being planned in an areawhere large numbers of indigenous peoples reside, often in rural and remote villages. These communities will bear the brunt of the negative impacts associated with development projects,including the rising risk of crimes like human trafficking. The majority of projects planned are extractive ones, and they will require large groups of outside transient workers to be brought into the area. With the connection between human trafficking and these types of development projects as well as the disproportionate impact that trafficking is having on

indigenous communities, these communities have reason to b​e concerned. In addition, the lack of accurate information and data regarding trafficking has left the communities more vulnerable because local officials are not prepared to recognize and fight trafficking activity.

While huan trafficking has become a global epidemic, climate and accessibility issues have likely prevented it from taking as strong of a hold in the circumpolar region as it has in other areas. Therefore, allocating resources to trafficking prevention programs lessens the potential that trafficking as well as other crimes will take hold in this region. These actions also empower local people to fight crime more effectively.
Data demonstrating the potential vulnerability of indigenous women and communities tohuman trafficking should be used to inspire change not minimize community strength. An indigenous woman from Australia shared these sentiments when speaking about human rightsviolations connected to mining in her territory:
[W] e are a strong, proud and intellectual people. We are survivors and we will survive.Indigenous women must be the ones to make their own decisions. Nobody can help them. They don‟t want handouts or pity. They want what is rightfully theirs. They need JUSTICE and their RIGHTS. We can deal with our problems if there is an open, honest,respectful process of doing business. 109
All three aspects of human security, freedom from want, freedom from fear, and freedom to take action on one‟s own behalf, need to be considered when dealing with changing Arctic conditions. The Arctic is warming, the waters are rising, and so are certain threats. With warming temperatures and melting ice comes greater accessibility to the region, leading to more outside influences and more potential human security threats. Indigenous communities in the circumpolar region of the United States and Canada are facing the next wave of economic development in the region. What is needed now is assistance to fight a human security threat that is too enormous to handle alone.Type your paragraph here.

Criminalisation of sex work normalises violence, review finds
https://www.theguardian.com/society/2018/dec/11/criminalisation-of-sex-work-normalises-violence-review-finds
Sex workers three times more likely to experience violence from client where trade is criminalised, data shows
 Badges promoting the decriminalisation of sex work from the Scarlet Alliance, the organisation for sex workers in Australia. Photograph: Michael Wickham/The Guardian