Abstract:
In 2010, we (Willamette University College of Law’s International Human Rights Clinic (“the Clinic ”)) published a report [“Modern Slavery in Our Midst: A Human Rights Report on Ending Human Trafficking in Oregon” (“2010 Report”)], measuring how well government (state and federal) officials in Oregon were doing with regard to their obligations under international, national, and state anti-trafficking laws to prevent human trafficking, prosecute traffickers, and protect survivors of human trafficking.…the recommendations made in the 2010 Report did not sufficiently address….aspects of human trafficking unique to the Native American community. Some of these considerations include: generational trauma leading to higher levels of foster care, homelessness and thus more vulnerability to trafficking; lack of resources for traditional healing; lack of trust in law enforcement due to many factors; lack of understanding about complex jurisdiction and cultural issues among law enforcement; and complex community relationships that often lead to underreporting and noncooperation with prosecutors….This report, entitled “Human Trafficking & Native Peoples in Oregon: A Human Rights Report ” (“the Report”), focuses specifically on Native populations within Oregon. This Report….is a human rights legal fact-finding report that sets out to measure whether federal, state, and local government officials are meeting their obligations under international, national and state law in prosecuting traffickers, protecting survivors, and preventing trafficking as it involves the Native population in Oregon…. None of the authors of the Report identify as Native American. We realize this fact fairly creates questions about the Report’s credibility. We also realize that it inherently limits our understanding regarding Native cultures and the complex repercussions of colonization. [CVRL Note: methods include interviewing law enforcement, victim service providers, tribal members, and survivors, sending surveys to sheriffs in counties adjacent to reservation lands in Oregon, and reviewing legal research and histories on the relations between tribes and state and national governments. (Author Text)