Human trafficking now a crime in NMI

The CNMI finally enacted a law Friday that penalizes persons with up to $50,000 in fines and a maximum of 30 years in prison if found guilty of acts that promote involuntary servitude and human trafficking for forced labor, particularly the recruitment and transport of persons, including minors, for prostitution.

Gov. Juan N. Babauta signed the measure, Senate Bill 14-91, into Public Law 14-88.

In his transmittal letter to the Legislature, the governor said that the law provides a comprehensive mechanism to combat the crime of human trafficking as it prohibits recruiting and transporting or receiving persons for forced labor and commercial sex trade.

“Human trafficking for involuntary servitude is a modern day form of slavery and is irreconcilable with every individual’s fundamental’s right to liberty and with every principle upon which a civilized society is based,” Babauta said.

The bill, authored by Sen. Paterno Hocog, said that nearly 1 million people are trafficked annually across international borders. They include men, women, and children who are transported for forced labor and sexual exploitation.

Victims of human trafficking are usually persons from Third World countries or places with widespread poverty.

Also, people from areas experiencing armed conflict, post-conflict civil unrest, and other forms of political instability or natural disaster are highly vulnerable to exploitation and abuse through human trafficking.

“The toll that trafficking takes on the victims, their countries of origin and the countries they are trafficked into is devastating. It increases the breakdown of family, undermines government authority and social institutions, deprives the home countries of human capital, and promotes crime,” said Hocog.

In the CNMI, he said that some forms of these illegal acts have been reported.

He said there have been reports of routine confiscation of employees’ travel or identification documents by their employers to control their movement. He said there have been cases where foreign nationals were sued for huge sums of money in their home countries “by persons acting on behalf of their employers, simply because the foreign national dared to file a legitimate grievance with the Department of Labor.”

These kind of activities, Hocog said, are “vile, repugnant…and should never occur within the Commonwealth.”

The law says that a person is guilty of involuntary servitude if the person recklessly, knowingly, or intentionally subjects another person to forced labor or services.

A crime of human trafficking for involuntary servitude involves a person who knowingly recruits, transports, entices, harbors, provides, or obtains by any means, or benefits from another person who is subjected to forced labor.

A crime of sexual servitude of minors is committed if a person engages in an act to recruit and transport a person under 18 years old to engage in commercial sexual act, or knowingly causes or attempts to cause a minor into prostitution.

The crime of transporting a person for prostitution is committed if a person knowingly recruits, transports, entices, harbors, provides, or obtains by any means, another person for prostitution, conspires with another to engage into such a deal, or benefits financially or receives anything of value from such illegal act.

If convicted, a person may be punished by imprisonment of up to 30 years and a fine not to exceed $50,000. Further, the court shall order the defendant to pay restitution.

Victims may also file a civil lawsuit in Superior Court to receive damages or payments.

The law allows the individuals subject of any violation under the provisions to stay in the CNMI, pending final resolution of the criminal case or investigation.