Alaska House bill raises concerns about transparency, necessity of the trafficking council
The Alaska State Capitol is seen on Thursday, March 28, 2024. (Photo by James Brooks/Alaska Beacon)
House Bill 118, a proposal to solidify the Alaska Governor's Council on Human and Sex Trafficking into a permanent fixture of the state government, is a deeply concerning one, fraught with potential for continuing abuse and a demonstrated lack of necessity and accountability.
A close examination of the council's track record, its potential for misuse, and the actual landscape of human and sex trafficking cases in Alaska, as revealed by recent data, paints a clear picture: A council is not the solution Alaska needs and should not be granted permanent status.
One of the most damning indictments against the council is its blatant lack of transparency. Community United for Safety and Protection, or CUSP, an advocacy group for survivors, has repeatedly encountered significant challenges in accessing public meetings and obtaining meeting minutes.
In testimony to the Alaska House Judiciary Committee, CUSP members, including myself, outlined obstacles to participating in council meetings. In 2022, we were unable to join an online meeting, not informed about another, and denied access to requested public records. In 2023, we waited 30 minutes to be admitted to a meeting but were never let in, and another meeting was rescheduled at the last minute, limiting public participation. One CUSP member was only admitted after using a variation of their first name.
This conduct is in direct violation of Alaska's Open Meetings Act.
A state council dedicated to such a critical issue should hear from those with lived experience and expertise.
There is reason for concern that the council could create conflicts of interest for its members, who are handpicked by the state's governor. While direct financial compensation for council members is barred under the bill, the individuals who have been appointed so far have had affiliations with organizations and projects that stand to receive state funding or grants.
This creates an inherent conflict of interest, as the council's decisions could be influenced by the potential for financial gain for its past members' associated entities rather than the best interests of trafficking survivors.
This potential for self-serving practices, shielded by a lack of transparency, is a significant reason to oppose the council's permanent establishment.
Examining the actual prevalence of sex trafficking in Alaska, as documented in a CUSP report, 'Prostitution and Sex Trafficking Charges in Alaska, 2020-2024,' further weakens the argument for the necessity of this council.
The report reveals a startlingly low number of actual sex trafficking charges of adults at the state and federal levels, with only three state cases identified over the nearly five years of the research period and no federal charges.
The data suggests that the legal framework is often applied in ways that do not align with the common understanding of forced labor and exploitation in the sex industry.
Many federal cases labeled as sex trafficking of minors were essentially child molestation cases where payment was involved. An antitrafficking review report highlights that antiprostitution and sex trafficking laws, as they stand and are enforced, often fail to address the root causes of exploitation and can even harm marginalized individuals.
Given the council's consistent lack of transparency, the potential for conflicts of interest, and the questionable application of sex trafficking laws in Alaska, the argument for making the council a permanent entity crumbles.
Alaska's ability to combat sex trafficking has remained unchanged despite the council's inactivity for over eight months, further proving its irrelevance. Organizations like CUSP, composed of sex workers and sex trafficking survivors, are actively engaged in providing feedback and advocating for effective policies based on their lived experiences. Their exclusion from the council's processes highlights a fundamental flaw in its structure and purpose.
Instead of solidifying a non-transparent and potentially self-serving body, the Alaska Legislature should prioritize evidence-based solutions and accountability.
There is a need to reevaluate how sex trafficking laws are applied, focusing on genuine cases of force, fraud, and coercion, and separating child sexual abuse from prostitution statutes.
Empowering and listening to the voices of those directly affected by the criminalization of prostitution and sex trafficking, rather than relying on an insular council, is crucial for developing effective strategies to address these complex issues in Alaska.
Rather than institutionalize a council that lacks transparency and has demonstrated a failure to meaningfully address trafficking, the state could direct resources toward survivor-led initiatives, evidence-based harm reduction strategies, and comprehensive social services that address the root causes of exploitation. The passage of HB118 would only perpetuate ineffective policies while causing additional harm to the communities it claims to protect.
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