By K. Omin Jih
Victimization of human trafficking remains the most urgent crisis in the modern Native American community. Several risk factors that originated from the beginning of colonization are still influencing the Native population negatively and consistently; however, more barriers prevent the status quo from being redirected, regained, and recovered. These plights can be traced to the historical view of the Westward expansion of the United States and successive policies that targeted and forced the Native peoples to give up their traditional ways of life, land, and security. In other words, the victimization of Native American communities by human trafficking has deep historical roots and should never be considered an Indigenous legacy.
One form of human trafficking manifests as a severe and exploitative version of labor migration and unemployment. Natural and human-made disasters, financial crises, policies, long-lasting intergenerational trauma of being deprived of opportunity and resources, and colonization have framed the interwoven Native population’s plights.
Understanding the forms of human trafficking is inevitably the entry point to understanding the challenges and barriers the Native population currently faces. Furthermore, this is vital to understanding the negative impacts and consequences of policies that have impacted Indigenous communities. It is worth noting that most Indigenous human trafficking victims are female and have been involved in sex trafficking, a commercial sex act without salary and fair work conditions. Moreover, labor trafficking victims can be found in many industries, such as ranches, construction sites, factories, etc. At the same time, they are forced to work against their own will, their freedom is extremely restricted, and Indigenous people are bought and sold as commodities. Again, economic hardship plays a vital role in luring victims into trafficking situations where traffickers seek and prey on vulnerable and marginalized populations.
Therefore, it can be pointed out that two dominant issues have been recognized widely as the foundation of human trafficking among Indigenous peoples in the United States. First, significant economic and developmental disparities in Native Nation regions create opportunities for human trafficking, as traffickers exploit fraudulent economic prospects and victims are vulnerable to exploitation due to their need for economic advancement. Additionally, the consistent lack of effective law enforcement serves as another driving reason why human trafficking in Native Communities remains so prevalent.
Take the oil industry as an example. Potential harm from the oil industry construction has been reported. Not only has the development and establishment of the pipelines caused damage to the tribal lands’ ecosystem, as well as, violated the Native Nations’ sovereignty, but it also creates the possibility for the Indigenous women to face violent crimes or for the men to be forced into labor as the efficiency of law enforcement in remote areas can be restricted. These atrocities are evident in the available data and research, which show that Indigenous women experience murder rates more than ten times the national average, with the majority of victims being targeted by non-Native perpetrators.
Scholars and law enforcement agencies have highlighted that the overrepresentation of Native women and girls in sex trafficking is a continuation of a long-standing historical issue. This overrepresentation is partly attributed to the fetishization of Native women’s appearance, which attracts sex patrons.
Scholars and law enforcement agencies have noted that the overrepresentation of Indigenous women and girls in sex trafficking is a result and perpetuation of a long-standing historical issue. This overrepresentation can partly be attributed to the fetishization of Indigenous women’s appearance. A Native social service practitioner noted, “We can look like anything. ” Adding to this problem, as mentioned previously, is the scarcity of employment opportunities, which leads traffickers to fraudulently, coerce, force, abuse, or threaten vulnerable individuals for exploitation and profit.
European settlers’ expansion critically led to the subjugation and marginalization of once-independent Indigenous communities. After colonization, Native communities that once held the power to shape their own futures found themselves resisting aggressive policies from the newly formed U.S. government. These policies caused immense harm through war, starvation, relocation, segregation, and disruption of their land, culture, and way of life
The Native communities who once possessed the power to control their destiny in a competitive international environment, had now been forced. The decision of who would oversee Native affairs reflected the Union’s perspective on its interactions with Indigenous peoples. Initially, “Indian Affairs,” the government policies concerning Native people of the U.S., were managed by the Department of War. This marked a period when Indigenous communities had the military capability to challenge frontier settlements. Later, Indian Affairs was transferred to the Department of the Interior, as the country’s colonial expansion grew and the U.S. viewed tribal communities as a reduced threat. This shift also indicated the government’s intent to replace tribal lands with “public” lands.
The ineffective administration of policies and law enforcement creates a dynamic in which the needs of modern Indigenous communities cannot be addressed. Systemic racism exacerbates this issue, including factors such as jurisdictional insensitivity and discriminatory legislation, leading to an increase in “hidden” crimes on tribal lands. Research shows that federal limitations have severely restricted Native Nations’ sovereignty and their ability to enforce criminal jurisdiction. For example, the U.S. Supreme Court decision in Oliphant v. Suquamish Indian Tribe (1978) restricts the power of Native Nations to have jurisdiction to prosecute non-Native individuals.
Thus, the system that has been created leaves a significant gap between Tribal and State/Federal agencies in dealing with human trafficking criminals, who often operate across multiple regions. Tribal agencies are often understaffed and undertrained to respond to cases of human trafficking. Additionally, the lack of trust in the judicial system and the belief that reporting crimes would lead to negative or unintended outcomes, many crimes go unreported, further hindering anti-trafficking efforts. Indigenous peoples in the U.S., are an underserved population, continue to be overlooked, discriminated against, and exploited. The severity of this oppression has only deepened the mistrust of governing agencies and aided in the feasibility of trafficking operations.
When considering how best to approach human trafficking of Indigenous peoples, an interdisciplinary approach allows for the needs of Indigenous people to be addressed on both a micro and macro level.
At a micro level, empowering individuals to identify potential human trafficking victims is imperative. When considering indicators of human trafficking, there are several factors to observe: victims might lose a sense of time and place, show signs of physical and/or sexual abuse, lack control of their identification, personal documents, and financial accessibility, or be cautious when speaking for themselves, as they may not be allowed to speak freely. Awareness of these indicators, allows everyone to contribute and play a role in stopping human trafficking through attentiveness and empathy.
When considering intervention at a macro level, we must advocate for Indigenous peoples’ brighter future. The U.S. The Department Office to Monitor and Combat Trafficking in Persons suggests the “3Ps” approach: Prosecution, Protection, Prevention, and Partnership. Under “Prosecution,” The Department of State advocates for a more effective criminal justice response to human trafficking, emphasizing that these cases should be treated with severity. Governments should be held accountable for prosecuting perpetrators of human trafficking. This action requires building a more survivor-centered legal framework, including the authorization of court-ordered compensation to victims upon a successful conviction of traffickers.
Secondly, the idea of Protection emphasizes a survivor-centered approach, which is implemented worldwide to combat human trafficking. This approach includes identifying victims, referring them to a comprehensive array of services, funding NGOs to provide these services, and most importantly, supporting individuals in rebuilding their lives. Through this approach, governments are expected to prioritize the needs and rights of survivors to ensure that these efforts are provided ethically and effectively, helping survivors regain control over their lives.
Next, the Prevention component aims to use accurate and targeted information to effectively respond to the threat of human trafficking. This includes reaching vulnerable and at-risk populations with intervention programs before they are targeted by traffickers. Additionally, amending, enforcing, and implementing labor laws can help protect at-risk populations from threats. Developing and monitoring labor recruitment programs are essential to safeguard workers from exploitation. It is also important to continually adopt innovative and creative strategies to counter the evolving methods of traffickers.
Lastly, the concept of Partnership highlights a crucial pathway to advancing the fight against human trafficking. Combating this complex and multifaceted issue requires a coordinated effort between government and non-government entities to achieve greater impact. According to the Office to Monitor and Combat Trafficking in Persons, several existing partnerships include (1) cooperative law enforcement agencies working across borders and jurisdictions; (2) alliances between public and private sectors to establish slavery-free supply chains; and (3) regional partnerships among Federal, State, and Native Nations.
Moreover, combating human trafficking among the Indigenous population requires culturally tailored care, and the participation of Indigenous peoples is essential. To reduce adverse outcomes and foster positive change, potential strategies include: establishing a shared theoretical foundation that integrates Indigenous beliefs with task-centered interventions; leveraging the strength of family and community networks, which are vital sources of support for Indigenous survivors; and providing survivor-centered care that prioritizes local knowledge and mandates culturally sensitive orientations.
Nonetheless, addressing historical and current inequities must be approached cautiously to prevent re-traumatization. To bridge existing gaps, flattening the survivor-practitioner hierarchy can be beneficial. This can be achieved by having practitioners actively engage in community projects and integrate more Indigenous health beliefs into their practices.
The Native Youth Town Hall has identified multiple elements to create a safer network in Native communities. A youth participant said, “I feel safe in my community when I know that there are adults that I trust around me,” highlighting the importance of involving trusted Native adults in supporting younger generations. Research supports this, showing that when elders discuss racial challenges with their children, it leads to more positive mental health outcomes. Although growing up in an oppressive context can be challenging, it also presents an opportunity to help younger Native generations build confidence and resilience, as these qualities can be taught and passed on.
Victimization of human trafficking is not an Indigenous tradition. Before colonization, Indigenous peoples in the U.S. did not face this form of loss and suffering. Today, they continue to seek assistance and raise awareness while resiliently resisting these challenges.
Efforts to combat human trafficking need greater visibility and engagement. The best place for individuals to start is within their own communities- being more attentive to their loved ones and offering support to others. Additionally, participating in political discussions and organizing practical activities can help address these crimes more proactively and collectively.
Ultimately, everyone can contribute to empowering Indigenous peoples. Indigenous communities are the experts on their own issues and have the right to determine their goals, methods, and the organization of their future—one free from the threats of human trafficking.
Ultimately, everyone can support the process of empowering the Indigenous peoples. The Indigenous peoples are the experts on their own issues and have the right to decide what to achieve, how to do, and how to organize their future, a hereafter without the threats of human trafficking.
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