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Tribal Insights Brief : Trafficking in Indian Country
Tribal Insights Brief | Spring 2016
National Congress of American Indians Policy Research Center | www.ncai.org/prc
Embassy of Tribal Nations | 1516 P Street NW | Washington, DC 20005
www.ncai.org
HUMAN & SEX TRAFFICKING:
Trends and Responses across Indian Country
EXECUTIVE SUMMARY
Human and sex trafficking is a crime that affects nearly every community across our nation; it is an
insidious threat that has proven difficult to track and quantify, and exceedingly hard to dismantle. While
there is a perception that human trafficking involves international criminals targeting victims living in
the developing world, it is commonplace here in the US and in Indian Country. We can not ignore the
networks, pipelines, the victims, or the systems that enable human trafficking.
In this Tribal Insights Brief, the NCAI Policy Research Center paints a portrait of human trafficking in
American Indian and Alaska Native communities—from its root causes and historical context to
current trends—in order to emphasize the systemic policy and program levers that are essential in
combating this crime. Our goal is to support tribal nations in promoting health and justice for their
citizens by raising awareness of and engagement with this critical issue for our communities.
Information provided in this brief includes:
1. Definitions of human and sex trafficking
2. Historical context and root causes of trafficking (e.g., vulnerabilities and risk factors)
3. Data concerning the prevalence and impact of trafficking in Native communities
4. Suggestions for identifying and supporting victims of trafficking
5. Sovereign Prevention: Sample tribal codes addressing trafficking
6. Recommendations and resources
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National Congress of American Indians Policy Research Center
What is human trafficking?
There are a range of definitions used in law and policy to identify trafficking. To foster collective
awareness and foster community discussions about what trafficking may look like in local contexts,
we highlight some of the most commonly cited legal definitions below:
These definitions highlight the role of coercion and deceit in trapping victims and isolating them
from help, transporting them away from family and community networks, and exploiting them for
economic or personal gain. This is a devastating crime against humanity and in the context of
Native communities, it is squarely placed within the context of a much longer historical campaign
of subjugation and assimilation.
In the sections that follow, we will review the impact of colonization and how it has produced risk
factors and vulnerabilities to human trafficking in Native communities.
International law
The 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, the exploitation or the prostitution of others or other
forms of sexual exploitation, forced labour or services, slavery or practices
similar to slavery, servitude or the removal of organs.1
US law
The term “sex trafficking” means the recruitment, harboring, transportation, provision,
or obtaining of a person for the purpose of a commercial sex act. ‘‘Severe forms
of trafficking in persons’’ means sex trafficking in which a commercial sex act is
induced by force, fraud, or coercion, or in which the person induced to perform
such act has not attained 18 years of age; or the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through
the use of force, fraud, or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.2
The term “labor trafficking” means the recruitment, harboring, transportation,
provision, or obtaining of a person for labor or service through the use of force,
fraud or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage or slavery.3
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Tribal Insights Brief : Trafficking in Indian Country
Historical Context
Leading sex trafficking researcher and Native scholar, Dr. Sandi Pierce notes that it is no secret
that “the selling of North America’s [I]ndigenous women and children for sexual purposes has
been an ongoing practice since the colonial era. There is evidence that early British surveyors
and settlers viewed Native women’s sexual and reproductive freedom as proof of their ‘innate’
impurity, and that many assumed the right to kidnap, rape, and prostitute Native women and
girls without consequence.”4, 5, 6
Prior to colonial contact, American Indian/Alaska Native people (AI/AN) had strong kinship
systems and self-governance. Historical documents and oral narratives passed down through
families indicate that violence against Native women was very rare, and women were (and are)
acknowledged to be sacred and revered members of communities.7 The imposition of
assimilation policies heavily impacted Native communities—fundamentally disrupting family,
kinship, and community structures and governance. These policies are embodied in systemic
discrimination, boarding schools, relocation, involuntary sterilization, the out-adoption of
Indian children, and violence against Native women. These historical events have created
cycles of trauma within Indian country.
Researchers have broadly defined historical trauma “as an event or set of events perpetrated on
a group of people (including their environment) who share a specific group identity (e.g.,
nationality, tribal affiliation, religion) with genocidal or ethnocidal intent (i.e., annihilation or
disruption to traditional lifeways, culture, and identity)”.8, 9, 10 The stress of these experiences
“When a man, desperate for work, finds himself in a factory or on a fishing
boat or in a field, working, toiling, for little or no pay, and beaten if he
tries to escape— that is slavery.
When a woman is locked in a sweatshop, or trapped in a home as a domes-
tic servant, alone and abused and incapable of leaving— that’s slavery.
When a little boy is kidnapped, turned into a child soldier, forced to kill or
be killed— that’s slavery.
When a little girl is sold by her impoverished family— girls my daughters’
age— runs away from home, or is lured by the false promises of a better
life, and then imprisoned in a brothel and tortured if she resists— that’s
slavery.
It is barbaric, and it is evil, and it has no place in a civilized world.”
President Barack Obama,
White House End Human Trafficking Initiative
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manifests today—across generations. This reality is critical to understanding the vulnerability of
today’s Native men, women, and children to sex and labor traffickers in the US and Canada.
Vulnerabilities and Risk Factors
According to research, traffickers seek out persons perceived to be vulnerable. Vulnerability comes
in many forms, including age (minors), poverty, homelessness, chemical dependency, prior
experiences of abuse, lack of resources and/or support systems, and so forth. Traffickers then use
various tactics to control vulnerable persons, including: inflicting sexual, emotional, or mental
abuse; luring those struggling with addictions by enabling these addiction(s); withholding money or
identifications needed to travel or access help; being physically violent and/or threatening assault.11
Data Trends
Human trafficking is a highly underreported crime for a variety reasons, including the fact that
“many trafficking victims do not identify themselves as victims. Some suffer from fear, shame, and
distrust of law enforcement. It is also not unusual for trafficking victims to develop traumatic bonds
with their traffickers because of the manipulative nature of this crime.”12 Moreover, in the US as
well as in Canada, “there is no data collection/tracking method that provides a complete picture of
sexual exploitation or human trafficking.”13 Most victimization data come from surveys of
individuals engaged in prostitution or commercial sexual exploitation.
Reliance on prostitution data is somewhat problematic in the context of trafficking. Trafficking
occurs where there is coercive control, “but an adult woman is able to consent to engage in illicit
activity (such as prostitution).”14 Therefore, some researchers challenge the use of prostitution data
Communities that experience the following characteristics should be on alert for the presence
of human and sexual trafficking:
Historical trauma and cultural loss
Significant poverty and/or economic isolation/dependence
High rates of Adverse Childhood Experiences in the population
High numbers of homeless and runaway youth
High rates of family surveillance and involvement with child welfare system
High rates of exposure to violence (direct and/or indirect, through domestic, intimate
partner violence)
High rates of personal or family/caregiver addiction to substances
Low levels of police or law enforcement presence
Influx of a transient, cash-rich workforce
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in identifying trafficking trends.15 However, in a
frequently cited study of commercial sexual
exploitation among Native women in Minnesota,
researchers found that about half of the 105
women interviewed “met a conservative legal
definition of sex trafficking, which involves third-
party control over the prostituting person by pimps
or traffickers. And most interviewees (86 percent)
felt that no [one] really know[s] what they're getting
into when they begin prostituting, and that there is
deception and trickery involved” (emphasis added).16
So, while there are ongoing legal debates about how to define trafficking, the presence of
prostitution networks can indicate high levels of vulnerability, exploitation, and coercion that
contributes to trafficking. Thus, we have included research here that surveys the experiences
of commercial sex workers. In what follows, we summarize data that describe the prevalence
of sex trafficking among Native communities.
Data on prevalence. Across four sites surveyed in the US and Canada as part of a 2015
report, an average of 40 percent of the women involved in sex trafficking identified as AI/AN
or First Nations.
“In Hennepin County, Minnesota, roughly 25 percent of the women arrested for
prostitution identified as American Indian…In Anchorage, Alaska, 33 percent of the
women arrested for prostitution were Alaska Native…In Winnipeg, Manitoba, 50
percent of adult sex workers were defined as Aboriginal… and 52 percent of the
women involved in the commercial sex trade in Vancouver, British Columbia were
identified as First Nations.”17
To clarify how disproportionate these rates are, it is important to note that in not one of
these cities and counties do Native women represent more than 10 percent of the general
population.
And while these data are only snapshots of sex trafficking in major cities, similar trends are
emerging in more remote, reservation communities.
In the past year alone, the White Earth DOVE Program (Down On Violence Everyday), which
serves the White Earth, Red Lake, and Leech Lake Reservations in northwestern Minnesota,
has identified 17 adult victims of sex trafficking.18 And in northeastern Montana, the
Montana Native Women’s Coalition reported that they have observed a 12 to 15 percent
increase over the previous year’s program base (between 2014-2015) regarding the number
of Native women who have been trafficked.19
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Health consequences of trafficking
In addition to understanding how prevalent trafficking is for Native people, it is important to
consider the experiences and consequences for victims of trafficking—particularly in the realm of
health, as researchers have collected data from survivors. Among 105 AI/AN women surveyed
who were subjected to commercial sexual exploitation in the state of Minnesota20 :
In 2015, another study surveying 107 human trafficking survivors (AI/AN and non-Native alike)
across 12 US cities was designed to identify the health consequences of sex trafficking and support
the delivery of health care to victims. These were among its findings on physical and psychological
health outcomes21 :
92 percent had been raped;
84 percent had been physically assaulted in prostitution;
79 percent of the women had been sexually abused as children by an average of four
perpetrators;
72 percent suffered traumatic brain injuries in prostitution;
71 percent had symptoms of dissociation; and
52 percent had Post Traumatic Stress Disorder (PTSD) at the time of the interview— a
rate that is in the range of PTSD among combat veterans.
Category of Physical Health
Percent of respondents reporting at
least one symptom
Any physical health problem
99 percent ( of 106 respondents)
Neurological
92 percent (of 106)
General health
86 percent (of 105)
Injuries
69 percent (of 102)
Cardiovascular/respiratory
67 percent (of 106)
Gastrointestinal
62 percent (of 106)
Dental
54 percent (of 105)
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Tribal Insights Brief : Trafficking in Indian Country
“Human trafficking of Native women in the United States is not a new era of violence
against Native women but rather the continuation of a lengthy historical one…
Native women experience violent victimization at a higher rate than any other US
population. Congressional findings are that more than 1 in 3 Native American and
Alaska Native women will be raped in their lifetime… more than 6 in 10 will be
physically assaulted. Native women are stalked more than twice the rate of other
women. Native women are murdered at more than ten times the national average.
Non-Indians commit 88% of violent crimes against Native women. Given the above
statistical data and the historical roots of violence against Native women, the level
of human trafficking given the sparse data collected can only equate to the current
epidemic levels we face within our tribal communities and Nations.”
Lisa Brunner, National Indigenous Women’s Resource Center23
Psychological Health Issues
During Trafficking
(n=106)
After Trafficking
(n=83)
Reported at least one issue
98 percent
96 percent
Average number of issues
12 percent
11 percent
Depression
89 percent
81 percent
Flashbacks
68 percent
64 percent
Shame/guilt
82 percent
71 percent
PTSD
55 percent
62 percent
Attempted suicide
42 percent
21 percent
These findings show that 9 out of 10 trafficking
victims suffer neurological symptoms and depression;
that PTSD increases after escaping sex slavery and
attempted suicides decrease by half.
Regarding reproductive health, two-thirds had
contracted a sexually-transmitted disease or infection.
When the study asked about the violence experienced
by the victims, more than two-thirds reported
being punched, beaten, kicked, raped, and
threatened with a weapon.22
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Identifying and Supporting Victims
The most important, and perhaps sensitive task in supporting victims
is identifying them. Very often, victims will be arrested and brought
into courts as criminal offenders. The challenge for judges and law
enforcement officers, then, is to look beyond the crime to determine
whether the individual is in need of help. The indicators and risk
factors listed in this document may be of help in victim identification.
It is recommended that you not approach a suspected trafficker or victim—their safety as
well your own may be at risk. Instead, we direct you to various resources here that have been
compiled for your use. Encouraging tribal citizens—in urban and reservation communities—
to employ these tools may save a life.
Call 1-866-DHS-2-ICE (1-866-347-2423) to report suspicious criminal activity to the US
Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Tip
Line. It is accessible outside the US at 802-872-6199.
Submit a tip at www.ice.gov/tips. Highly trained specialists take reports from both
the public and law enforcement agencies on more than 400 laws enforced by ICE HSI,
including those related to human trafficking.
To get help from the National Human Trafficking Resource Center (NHTRC), call 1-888
-373-7888 or text HELP or INFO to BeFree (233733). The NHTRC can help connect
victims with service providers in the area and provides training, technical assistance, and
other resources. The NHTRC is a national, toll-free hotline available to answer calls from
anywhere in the country, 24 hours a day, 7 days a week, every day of the year. The
NHTRC is not a law enforcement or immigration authority and is operated by a
nongovernmental organization funded by the Federal government.24
There are eighteen tribal coalition groups across the US who can help victims and families.
Resources can be found on their website, www.tribalcoalitions.org.
Information on how to recognize the signs of trafficking is available at: traffickingresource-
center.org/what-human-trafficking/recognizing-signs. Signs include:
Is not free to leave or come and go as he/she wishes
Is in the commercial sex industry and has a pimp / manager
Was recruited through false promises concerning the nature and conditions of his/her work
High security measures exist in the work and/or living locations (e.g. opaque windows, boarded
up windows, bars on windows, barbed wire, security cameras, etc.)
Shows signs of physical and/or sexual abuse, physical restraint, confinement, or torture
Is not in control of his/her own money, no financial records, or bank account
Is not in control of his/her own identification documents (ID or passport)
Is not allowed or able to speak for themselves (a third party may insist on being present and/or
translating)
Lack of knowledge of whereabouts and/or of what city he/she is in
Loss of sense of time
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Services for Native victims
In a recent human rights report focused on the trafficking of Native peoples in the state of
Oregon, a tribal service provider reports that as a system, “we pass out Band-Aids,” not the
comprehensive services victims so desperately need.25 Providers simply do not have the
resources to offer effective assistance. In terms of specific areas where resources are
needed, interviewees working on reservations in multiple locations around the state
identified the following:
Services through IHS to help women with substance abuse problems stay clean;
Sexual Assault Nurse Examiners (SANE) available at IHS locations;
Counselors and victim advocates who are trained to help victims of domestic violence
and sexual abuse;
General funding to promote advocacy and community building efforts;
Shelters for women, particularly those who have been exposed to prostitution or sex
trafficking; and
Tribal healing methods and services.
Confirming these resource shortfalls, a recent national survey found significant gaps in
access to sexual assault examiner (SAE) and sexual assault response team (SART) programs
for more than two-thirds of 650 Census-designated Native American lands reviewed, which
included 381 lands that reported no service coverage within a 60-minute driving distance.26
To gauge what services are being accessed to some degree, the 105 AI/AN women who were
subjected to commercial sexual exploitation in Minnesota shared27 :
80 percent had used outpatient substance abuse services. Many felt that they would
have been helped even more by inpatient treatment;
77 percent had used homeless shelters;
65 percent had used domestic violence services; and
33 percent had used sexual assault services.
Their most frequently stated needs were for individual counseling (75 percent), peer support
(73 percent), housing, and vocational counseling (both 66 percent). Many of the women felt
they owed their survival to Native cultural practices—and most wished for Native healing
approaches to be integrated with mainstream social services.28 The Administration for
Native Americans affirmed that cultural safety and the use of women’s circles, sweat lodges,
and other culturally appropriate practices are critical to healing in their 2015 Information
Memorandum on “Recognizing and Responding to Human Trafficking among American
Indian, Alaska Native and Pacific Islander Communities.”29 In the following section, we
review several codes tribes have passed to combat human trafficking within their borders.
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Sovereign Prevention: Sample Tribal Codes Addressing Trafficking
7.21. Sex Trafficking
(A) A person is guilty of sex trafficking when they are knowingly involved in the recruitment, harboring,
transportation, provision, or obtaining of a person for the purposes of a commercial sex act, in which the
commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such
an act has not attained 18 years of age.
(B) The buying or selling of children for any reason.
(C) Sex trafficking is a Class A offense. [Class A Offenses Maximum Penalty: One (1) year in jail and/or $5,000
fine and/or community service. Minimum Penalty: Six (6) months in jail and/or $2,500 fine and/or
community service. SNOQ. TRIBAL CODE § 17.2 (Sentencing Guidelines)]
Section 130 Commercial Sexual Exploitation of a Minor
(A) A person commits commercial sexual exploitation of a minor by knowingly: (1) Using, employing,
persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in sexual
conduct for the purpose of producing any visual or print medium or live act depicting such conduct; (2)
Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or
the areola or nipple of the female breast for financial or commercial gain; (3) Permitting a minor under
such person's custody or control to engage in or assist others to engage in sexual conduct for the
purpose of producing any visual or print medium or live act depicting such conduct; (4)Transporting or
financing the transportation of any minor through or across this Reservation with the intent that such
minor engage in prostitution or sexual conduct for the purpose of producing a visual or print medium or
live act depicting such conduct.
4-03.070 Sexual Exploitation of Minors
(A) A person is guilty of sexual exploitation of minors if the person, for the purpose of producing any visual
depiction of sexually explicit conduct or for the purpose of sexual gratification: employs, uses, per-
suades, induces, entices, or coerces any person under age eighteen (18) to engage in sexually explicit
conduct; causes a person under eighteen (18) to assist any other person to engage in sexually explicit
conduct; or in any way willfully aids a person under eighteen (18) to engage in sexually explicit conduct.
(B) Sexual exploitation of a minor is a Class A offense.
(C) Any person who willfully assists in the production or distribution of a visual depiction of sexually explicit
conduct by a minor also commits the Class A offense of sexual exploitation of children.
PASCUA YAQUI TRIBAL CODE
TITLE 4: Criminal Code 31
SNOQUALMIE TRIBAL CODE
TITLE 7, Chapter 1: Criminal Code 30
SWINOMISH TRIBAL CODE
TITLE 4, Chapter 3: Criminal Code 32
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3.25.020 Aggravated promotion of prostitution
(1) A person commits the offense of aggravated promotion of prostitution if he or she purposely or
knowingly commits any of the following acts:
(a) Compels another to engage in or promote prostitution;
(b) Promotes prostitution of a child under the age of 18 years, whether or not he or
she is aware of the child’s age;
(c) Promotes the prostitution of one’s child, ward, or any person for whose care,
protection, or support he or she is responsible.
(2) Aggravated promotion of prostitution is a Class E offense. [Ord. 49 § 6.7.2, 1-8-2010 (Res. 2010-10)
Section 14-80.1 Prostitution
It shall be unlawful to:
(1) Be an inmate or resident of a house of prostitution or otherwise engage in sexual activity as a
business or for hire;
(2) Loiter in or within view of a public place for the purpose of being hired to engage sexual
activity;
(3) Engage in or offer or agree to engage in any sexual activity with another person for a fee;
(4) Pay or offer or agree to pay another person a fee for the purpose of engaging in an act of sexual
activity;
(5) Enter or remain in a house of prostitution for the purpose of engaging in sexual activity;
(6) Own, control, manage, supervise, or otherwise keep, alone or in association with another, a
house of prostitution or a prostitution business;
(7) Solicit a person to patronize a prostitute;
(8) Procure or attempt to procure a prostitute for another;
(9) Lease or otherwise permit a place controlled by the actor, alone or in association with others,
to be used for prostitution or the promotion of prostitution;
(10) Procure an inmate for a house of prostitution;
(11) Encourage, induce, or otherwise purposely cause another to become or remain a prostitute.
(12) Transport a person with a purpose to promote that person's engaging in prostitution or procur-
ing or paying for transportation with that purpose;
(13) Share in the proceeds of a prostitute pursuant to an understanding that one is to share therein,
unless one is the child or legal dependent of a prostitute;
(14) Own, operate, manage, or control a house of prostitution; or
(15) Solicit, receive, or agree to receive any benefit for doing any of the acts prohibited by this sec-
tion.
TULALIP TRIBAL CODE
CHAPTER 3.25: Offenses Against the Family 33
EASTERN BAND OF CHEROKEE INDIANS TRIBAL CODE
ARTICLE XIII: Offenses Against Public Morality and Decency 34
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Recommendations
Trafficking in Native communities is a clear and present danger—even if it is difficult
to identify and quantify. We provide some emerging recommendation for tribal
nations in their efforts to protect their citizens and prevent trafficking in its many
forms. Several of these recommendations were drawn from , “Mapping the Market
for Sex with Trafficked Minor Girls in Minneapolis: Structures, Functions, and
Patterns” (Martin & Pierce, 2014).
Host a community discussion to educate tribal citizens about recognizing the
signs of trafficking and accessing available resources. There is an ongoing need
to provide information and education to community leaders and members every-
where about looking out for signs of trafficking and working together to prevent
it. Community discussions can create essential awareness and deter predators.
Equip children and youth to seek help and prevent peer recruitment.
Traffickers often use peer groups to recruit youth. It is essential to embed
prevention in existing programs and activities community youth already
participate in.
Ensure adequate and safe housing options for homeless, runaway, couch-
hopping, and pregnant/parenting youth. Access to safe and adequate housing
creates less vulnerability for displaced youth. Short– or long-term shelter options
with support services, transitional housing, and permanent subsidized housing
could all address needs.
Equip tribal police departments to investigate networks of sex buyers and
gang-related operations. Many tribes already include prostitution activity as part
of their criminal codes. It is important to educate law enforcement and other
community health workers to be aware of predatory networks that may be
enable trafficking activity and to equip these workers to take action.
Foster community and school competency in addressing sexual exploitation
and youth trauma. In addition to identifying trafficking, it is important for tribal
nations to work to address the impacts of exploitation and trauma in their citizens
who have been impacted. A comprehensive, trauma-informed approach can
benefit all and prevent trafficking from taking root.
Develop cross-community, regional, and/or state networks to share
information and resources. Traffickers rely on extensive networks to increase
their reach. Communities that partner across known or vulnerable areas can
prevent trafficking activity and protect citizens.
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Tribal Insights Brief : Trafficking in Indian Country
“While the U.S. Department of State’s 2015 Trafficking in Persons (TIP) report
recognizes that American Indians and Alaska Natives are among the most vulnerable
populations to trafficking in the United States, trafficking of Native peoples–
specifically labor trafficking– remains largely invisible in scholarship and media... And
while almost all of the research focuses on sex trafficking of Native women and
children, men are most likely not exempt and sex trafficking is most likely not the only
type of trafficking occurring within Native communities… A Native-informed inter-
vention model and lens will be crucial to the production of research and success of
programs, policies and organizations.”
In the spirit of fostering a Native-informed intervention model, we will be sharing
additional samples of tribal code from seven tribal nations we have identified once we
secure their permission to do so, as well as others that are identified. NCAI looks
forward to sharing information on efforts to prevent trafficking amongst tribal nations
to put an end to these activities and taking care of one another. The safety of our
communities is all of our responsibility.
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Endnotes
1 United Nations Convention Against Transnational Organized Crime. Protocol to Prevent, Suppress and Punish
Trafficking in Persons. November 15, 2000 art. 3(a), GA 55/25. Retrieved from: https://treaties.un.org/doc/Publication/
MTDSG/Volume%20II/Chapter%20XVIII/XVIII-12-a.en.pdf.
2 Civic Impulse. (2016). H.R. 3244 — 106th Congress: Victims of Trafficking and Violence Protection Act of 2000. Re-
trieved from: https://www.govtrack.us/congress/bills/106/hr3244.
3 See note 2.
4 Pierce, A. and Koepplinger, S. (2011). New language, old problem: Sex trafficking of American Indian women and
children. Harrisburg, PA: VAWnet, a project of the National Resource Center on Domestic Violence. Retrieved from:
http://www.vawnet.org.
5 Deer, S. (2010). Relocation revisited: Sex trafficking of Native women in the United States. William Mitchell Law
Review 36(2): 622-683. Retrieved from: http://www.wmitchell.edu/lawreview/documents/8.Deer.pdf%20.
6 Smith, A. (2003) Not an Indian tradition: The sexual colonization of Native peoples. Hypatia 18(2): 70-85.
7 Farley, M., Matthews, N., Deer, S., Lopez, G., Stark C., and Hudon, E. (2011). Garden of Truth: The Prostitution and
Trafficking of Native Women in Minnesota. St. Paul, MN: William Mitchell College of Law. Retrieved from: http://
www.prostitutionresearch.com/pdfs/Garden_of_Truth_Final_Project_WEB.pdf.
8 Evans-Campbell, T. (2008). Historical Trauma in American Indian/Native Alaska Communities: A Multi-level Frame-
work for Exploring Impacts on Individuals, Families, and Communities. Journal of Interpersonal Violence 23 (3), 316-
338. Retrieved from: https://ces300.files.wordpress.com/2011/01/j-interpers-violence-2008-evans-campbell-316-
38.pdf.
9 Walters, K., Mohammed, S.A., Evans-Campbell, T., Beltrán, R.E., Chae, D.H., & Duran, B. (2011). Bodies Don’t Just
Tell Stories, They Tell Histories. Dubois Review: Social Science Research on Race 8 (1), 179-189.
10 Ehlers, C.L., Gizer, I.R., Gilder, D.A., Ellingson, J.M., & Yehuda, R. (2013). Measuring historical trauma in an Ameri-
can Indian Community Sample: Contributions of substance dependence, affective disorder, conduct disorder and
PTSD. Drug and Alcohol Dependence 133 (1), 1-21. Retrieved from: http://www.ncbi.nlm.nih.gov/pmc/articles/
PMC3810370/pdf/nihms-497049.pdf.
11 See note 5.
12 Sweet, V. (2014). Rising Waters, Rising Threats: The Human Trafficking of Indigenous Women in the Circumpolar
Region of the United States and Canada. Social Science Research Network. Retrieved from: http://papers.ssrn.com/
sol3/papers.cfm?abstract_id=2399074.
13 See note 12.
14 Human Rights Caucus (1999). Recommendations and Commentary on the Draft Protocol to Combat International
Trafficking in Women and Children Supplementary to the Draft Convention on Transnational Organized Crime.
Retrieved from: http://www.walnet.org/csis/groups/nswp/untoc-comment.html.
15 Gozdiak, E.M. and Collett, E.A. (2005). Research on human trafficking in North America: A review of literature.
International Migration 43, pp. 99-128. Retrieved from: https://publications.iom.int/system/files/pdf/
global_survey.pdf#page=100.
16 See note 7.
17 Sweet, V. (2015). Trafficking in Native Communities. Published on 5/24/2015 by Indian Country Today Media
Network. Retrieved from: http://indiancountrytodaymedianetwork.com/2015/05/24/trafficking-native-communities-
160475.
18 Dalrymple, A. and Lymn, K. (2015). Native American populations ‘hugely at risk’ to sex trafficking. Published on
1/5/2015 by the Bismarck Tribune. Retrieved from: http://bismarcktribune.com/bakken/native-american-populations-
hugely-at-risk-to-sex-trafficking/article_46511e48-92c5-11e4-b040-c7db843de94f.html.
19 Armitage, L. (2015). ‘Human Trafficking Will Become One of the Top Three Crimes Against Native Women.’
Published on 7/15/2015 by Indian Country Today Media Network. Retrieved from: http://
indiancountrytodaymedianetwork.com/2015/07/15/human-trafficking-will-become-one-top-three-crimes-against-
native-women-161083.
20 See note 7.
21 Lederer, L.J. and Wetzel, C.A. (2014). The Health Consequences of Sex Trafficking and Their Implications for
Identifying Victims in Healthcare Facilities. Annals of Health Law 23, pp. 61-91. Retrieved from: http://
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Tribal Insights Brief : Trafficking in Indian Country
www.icmec.org/wp-content/uploads/2015/10/Health-Consequences-of-Sex-Trafficking-and-Implications-for-
Identifying-Victims-Lederer.pdf.
22 See note 21.
23 Brunner, L. (2013). “The Devastating Impact of Human Trafficking of Native Women on Indian Reservations.”
Testimony of Lisa Brunner before the Committee on Homeland Security and Governmental Affairs; Hearing on
“Combating Human Trafficking: Federal, State, and Local Perspectives.” September 23, 2013.
24 US Department of Homeland Security Blue Campaign (2016). “Identify A Victim.” Retrieved from: https://
www.dhs.gov/blue-campaign/identify-victim.
25 Weedn, H, Scovel, J., and Juran, J. (2014). Human Trafficking & Native Peoples in Oregon: A Human Rights
Report. Published and prepared by the International Human Rights Clinic at the Willamette University College
of Law. Retrieved from: http://www.doj.state.or.us/victims/pdf/human_trafficking_and_native_peoples_in_
oregon_a_human_rights_report.pdf.
26 Juraska , A., Wood, L., Giroux, J., and Wood, E. (2014). Sexual assault services coverage on Native American
land. Journal of Forensic Nursing 10 (2), pp. 92-97. Retrieved from: http://journals.lww.com/forensicnursing/
Fulltext/2014/04000/Sexual_Assault_Services_Coverage_on_Native.6.aspx.
27 See note 7.
28 See note 7.
29 Administration for Native Americans (2015). “Information Memorandum on Recognizing and Responding to
Human Trafficking among American Indian, Alaska Native and Pacific Islander Communities.” Published by the
US Department of Health and Human Services. Retrieved from: http://www.acf.hhs.gov/programs/ana/
resource/information-memorandum-on-human-trafficking-among-american-indian-alaska-native-and-pacific-
islander-communities.
30 Snoqualmie Tribal Code. Title 7, Chapter 1: Criminal Code. Sex Trafficking. Retrieved from: http://
www.snoqualmietribe.us/sites/default/files/criminal_code_7.1_compresses.pdf.
31 Pascua Yaqui Tribal Code. Title 4: Criminal Code; Chapter 2: Sex Offenses and Chapter 3: Domestic Violence.
Retrieved from: http://www.pascuayaqui-nsn.gov/_static_pages/tribalcodes/toc/toc_title4.html.
32 Swinomish Tribal Code. Title 4: Criminal Code; Chapter 3: Sexual Offenses. Retrieved from: http://
www.swinomish.org/media/3700/0403sexoffenses.pdf.
33 Tulalip Tribal Code. Chapter 3.25: Offenses Against the Family. Retrieved from: http://
www.codepublishing.com/WA/Tulalip/html/Tulalip03/Tulalip0325.html.
34 Eastern Band of Cherokee Indians Tribal Code. Article XIII: Offenses Against Public Morality and Decency.
Retrieved from: https://law.resource.org/pub/us/code/city/nc/Cherokee%20Indians%20Eastern%20Band,%
20NC%20Code%20thru%20supp%20%2316.pdf.
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National Congress of American Indians Policy Research Center
Suggested Citation:
NCAI Policy Research Center. (2016). Human Trafficking: Trends and Responses
across Indian Country. Washington, DC: National Congress of American Indians.
Front cover photo: Free-Them—Sex Trafficking Shutterstock image
ABOUT THIS PUBLICATION
This publication was produced by the NCAI Policy Research Center in carrying
out our mission to provide tribal leaders with the best available knowledge to
make strategically proactive policy decisions in a framework of Native wisdom
that positively impact the future for Native peoples. Tribal Insights Briefs are
specifically designed to highlight the exercise of tribal sovereignty around
some of the most current and compelling issues of our time. Other publications
in the Tribal Insights Brief series include:
Tribal Transportation Insights: Preventing Unintentional Injury and Death
Higher Education & Workforce Development: Leveraging Tribal Investments
to Advance Community Goals
This brief was developed by Sarah Pytalski (Policy Research & Evaluation
Manager); Cindy Burns (First Nations University of Canada and NCAI Research
Intern; James Smith Cree Nation); and Malia Villegas (NCAI Policy Research
Center Director; Alutiiq/Sugpiaq).
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