Ten church people, American missionaries to Haiti’s earthquake ravaged families, were trying to help Haitian children find adoptive homes when they were charged with child trafficking at the Haitian border transporting 33 children into the Dominican Republic without the proper authority and documentation as required by Haitian law.
How could well-intentioned good Samaritans be so misunderstood? When a state’s sovereignty is circumvented even the best intentions are beyond comprehension. Here, the ten well-meaning church members, five women and five men, virtually averted Immigration law, adoption law and Haitian public policy concerning the welfare of Haitian children. To learn more about it see the CBN News report here:
Trafficking requires the intent to exploit those who are transported. When trafficking occurs, those victimized become modern day slaves – a horrific tragedy in any era. Prosecuting traffickers is indeed every nation’s responsibility, to protect those who are exploited, harmed, degraded and mistreated.
Professor Kathleen McKee, a scholar in the area of trafficking, has written extensively on the problem, prosecution, and penalties of trafficking. Read her article Modern-Day Slavery: Framing Effective Solutions for an Age-Old Problem, at 55 Catholic University Law Review141 (2005) for a thorough overview of the Thirteenth Amendment, Racketteering and RICO prosecution, and the Victims of Trafficking and Violence Protection Act of 2000. McKee proffers that legislation to protect children and others caught up in trafficking humanizes the problem rather than commidifying the victims of trafficking. Exploitation of any human being is a serious crime that carries serious penalties.
When good samaritans wish to work for the best interests of others, those good intentions still require wisdom, compliance with appropriate authorities, and adequate informed counsel. When the evidence is clearly put forth and understood in the case of these 10 individuals held in Haiti, it should become clear that the church members did not intend to traffic the 33 children, but to help them, and provide for their welfare. They did, however, neglect to think through their actions, and obtain in advance wise counsel from the proper authorities and a good Christian lawyer.
Working with the Center for Global Justice: 3L Reflections
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By Anne Darby Keating 3L Reflections Working with the Center of Global
Justice during my time at Regent University School of Law has been such a
blessing...
I was in London when I first heard of this. I flipped on the BBC to try and catch up on current events and was quite disappointed to hear about the missionaries' mistake. Christians are called to be as shrewd as snakes and as innocent as doves. The lack of awareness of State sovereinty that was apparant in this instance does not show Christians in a favorable light. It was very interesting to hear this piece of news from the BBC's perspective. Although somewhat sympathetic, the identity and motives of these missionaries was questioned as this appears to be a rather naive mistake. My prayers will be with these missionaries. I believe good can still come out of it.
ReplyDeleteWell analyzed, Professor Kohm. I would also direct readers to this well-written piece by Jedd Medefind (President of the Christian Alliance for Orphans) in Christianity Today: http://www.christianitytoday.com/ct/2010/februaryweb-only/15-31.0.html.
ReplyDeleteI agree that they should have been more careful in taking actions. However, considering the situation in Haiti now, I could somehow understand their imminent decision to help children. If this matter is brought to the court, I guess they will not be found guilty on the grounds that there is no intention to exploit children, if proved, and also, traditional norm of sovereignty is changing now under int'l law aspect(meaning that UN and int'l organizations interdependently connect to other state's matter beyond geographical boundary.)
ReplyDeleteThis is just my guess.
This situation has gotten even more messy!
ReplyDeleteThe American's "legal advisor" Jorge Aníbal Torres Puello, is now in trouble himself he has been detained on recruiting and trafficking minors as part of a prostitution ring. He used fake names and though he described himself as a lawyer has no law degree and is not licensed anywhere to practice law.
He was wanted by El Salvadorian authorities, accused of human trafficking and exploitation of minors for pornography and prostitution. In the United States, he was wanted for allegedly smuggling immigrants in Vermont and probation violations.
http://www.nytimes.com/2010/03/20/world/americas/20torres.html
http://www.nytimes.com/2010/02/12/world/americas/12haiti.html