Title

Combating Trafficking for Forced Labor Purposes in the OSCE Region

Thursday, October 11, 2007
2226 Rayburn House Office Building
Washington, DC 20515
United States
Official Transcript: 
Members: 
Name: 
Hon. Alcee Hastings
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Ambasssador Mark P. Lagon
Title: 
Deputy Assistant Secretary
Body: 
Bureau of International Organization Affairs
Statement: 
Name: 
Ms. Charlotte M. Ponticelli
Title: 
Deputy Undersecretary for International Affairs
Body: 
U.S. Department of Labor
Statement: 
Name: 
Mr. Michael E. Feinberg
Title: 
Acting Director, Office of International Affairs
Statement: 
Name: 
Ms. Eva Biaudet
Title: 
OSCE Special Representative; Coordinator for Combating Trafficking in Human Beings
Body: 
OSCE
Statement: 
Name: 
Mr. Roger Plant
Title: 
Head, Special Action Programme to Combat Forced Labour
Body: 
Programme on Promoting the Declaration on Fundamental Principles and Rights at Work
Statement: 
Name: 
Dr. Kevin Bales
Title: 
President
Body: 
Free the Slaves
Statement: 

The purpose of the hearing is to examine the scope and efficacy of OSCE and U.S. efforts to combat human trafficking for forced labor purposes; assess the effectiveness of legal anti-trafficking instruments in combating forced labor in selected member states, and the adequacy of resources dedicated to identifying victims of trafficking for forced labor, as compared with those directed at sexual trafficking.  Witnesses may also be asked to suggest additional measures that OSCE states or the U.S. Government might employ to better address trafficking and the underlying factors that make people vulnerable to becoming TIP victims.

Relevant issues: 
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The assembly also has an active Ad Hoc Committee on Migration, chaired by Belgian parliamentarian Nahima Lanjri, which encourages humane treatment of refugees and migrants alike, including respect for their rights, in accordance with international norms.  Various Special Representatives of the OSCE PA President also have human dimension portfolios, including Helsinki Commission Co-Chairman Rep. Chris Smith (Human Trafficking Issues) and Ranking Commissioner Sen. Ben Cardin (Anti-Semitism, Racism and Intolerance).

  • Annual Trafficking in Persons Report: Europe Falling Behind on Trafficking Victim Identification

    WASHINGTON—Last week, the U.S. Department of State released the 18th annual Trafficking in Persons (TIP) Report, which tracks the progress of 189 countries toward meeting minimum standards of prosecution, protection, and prevention in the fight against human trafficking.  This year’s report showed a 45 percent increase in trafficking victim identification worldwide in 2017 to 100,409—an all-time high for both labor and sex trafficking. However, while more labor trafficking victims were identified in Europe than in 2016, overall victim identification in Europe dropped 4 percent. Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04), who also serves as the Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly, said, “With the current migrant crisis, it is more important than ever that OSCE participating States in Europe are informed and on the lookout for human trafficking victims, and have care available for them when they are found.  Unaccompanied minors, in particular, are vulnerable to trafficking and re-trafficking all along the migration routes.” Helsinki Commission Chairman Sen. Roger Wicker (MS) welcomed the report and noted that despite the downturn in victim identification in Europe, several OSCE participating States have made substantial progress in fighting human trafficking. “Estonia, Cyprus, Serbia, Bulgaria, Moldova, and Uzbekistan are to be congratulated for their efforts to meet the minimum standards for the elimination of human trafficking,” he said.  Ireland and Armenia, however, moved down from Tier 1 to Tier 2.  Bosnia and Herzegovina, Kyrgyzstan, Tajikistan, and Mongolia moved from Tier 2 to the Tier 2 Watch List.  The TIP Report classifies countries into several tiers based on their progress toward meeting minimum standards to combat human trafficking. Tier 1 countries fully meet the minimum standards. Tier 2 countries do not meet the minimum standards but are making a significant effort to do so. Tier 2 Watch List countries are in a grace period and are in real danger of becoming Tier 3 if they do not take concrete action to improve their efforts. Tier 3 countries do not meet the minimum standards and are not making significant effort to do so. Tier 3 countries may be subject to U.S. sanctions. Since the creation of the annual TIP Report by Co-Chairman Smith’s Trafficking Victims Protection Act of 2000, more than 120 countries have enacted anti-trafficking laws and many countries have taken other steps to significantly raise their tier rankings—citing the TIP Report as a key factor in their new anti-trafficking efforts. 

  • Fighting Human Trafficking in Travel and Tourism: New Challenges & Solutions

    Traffickers move trafficking victims on airplanes, buses, trains, and taxis—frequently relocating to avoid detection by law enforcement and to chase big markets, like major sporting events and vacation destinations. Hotels, often unknowingly, sell rooms to traffickers for exploitation.  Over the last decade, transportation and hotel professionals have recognized the role they can play on the front lines of identifying potential trafficking victims. Many organizations work alongside NGOs and the Departments and Homeland Security and Transportation to ensure that their employees are ready to respond to, rather than look away from, victims in plain sight.  However, some companies have been slow to join the fight. Legislation pending in Congress will require hotels and airlines to train their employees to spot and report signs of trafficking before the companies can become eligible to win government contracts. More decentralized systems of travel and tourism—such as Airbnb and Uber—may need new frameworks to ensure that their systems do not become the preference of traffickers on the move.

  • Human Trafficking in Travel and Tourism Topic of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Congressional Trafficking Caucus today announced the following joint briefing: FIGHTING HUMAN TRAFFICKING IN TRAVEL AND TOURISM: NEW CHALLENGES AND SOLUTIONS Monday, May 7, 2018 3:00 p.m. Russell Senate Office Building Room 485 Live Webcast: www.facebook.com/HelsinkiCommission Traffickers move trafficking victims on airplanes, buses, trains, and taxis—frequently relocating to avoid detection by law enforcement and to chase big markets, like major sporting events and vacation destinations. Hotels, often unknowingly, sell rooms to traffickers for exploitation.  Over the last decade, transportation and hotel professionals have recognized the role they can play on the front lines of identifying potential trafficking victims. Many organizations work alongside NGOs and the Departments and Homeland Security and Transportation to ensure that their employees are ready to respond to, rather than look away from, victims in plain sight.  However, some companies have been slow to join the fight. Legislation pending in Congress will require hotels and airlines to train their employees to spot and report signs of trafficking before the companies can become eligible to win government contracts. More decentralized systems of travel and tourism—such as Airbnb and Uber—may need new frameworks to ensure that their systems do not become the preference of traffickers on the move. The following expert panelists are scheduled to participate: Michael “Mick” McKeown, Blue Campaign Executive Director, U.S. Department of Homeland Security Tracey Breeden, Director of Safety Communications, Uber Nancy Rivard, Founder and President of Airline Ambassadors Carol Smolenski, Executive Director, End Child Trafficking and Pornography (ECPAT), USA Craig Kalkut, Vice President of Government Affairs, American Hotel & Lodging Association Nick Shapiro, Global Head of Trust & Risk Management, Airbnb Additional panelists may be added.

  • Austrian Chairmanship Achieves Consensus for Human Trafficking Prevention

    On December 8, 2017, the OSCE Ministerial Council approved two new cross-dimensional decisions to combat human trafficking.  One decision was led by the United States, Italy, and Belarus and focused on preventing child trafficking and other forms of sexual exploitation of children, particularly on the internet and in sex tourism. The Ministerial Council also passed a second decision, introduced by the 2017 Austrian Chairmanship of the OSCE, titled, “Strengthening Efforts to Prevent Trafficking in Human Beings.”   The decision addresses all forms of human trafficking and reflects key initiatives of the OSCE in recent years, especially those that encourage corporate responsibility for prevention of trafficking in supply chains. Examining Subcontractors Beginning with the responsibility of governments to ensure that goods and services for the government are purchased from trafficking-free sources, the decision commends “participating States that require contractors supplying goods and services to the government to take effective and appropriate steps to address the risks of human trafficking in their supply chains.”   Notably, the decision goes beyond the primary contracting entity and encourages governments to examine any intended subcontractors and employees., It reflects the reality that while a prime contractor may be trafficking-free, in an effort to cut costs and increase profit margins, work may be subcontracted out to less scrupulous vendors who may not be as aware of, or as concerned with, government requirements.    Addressing Vulnerability Factors The decision also addresses the precursors to human trafficking, commending participating States that prohibit contractors, subcontractors, and employees from “participating in activities known to lead to human trafficking.”  Many contract and subcontract provisions that may seem neutral on first glance in reality lead in whole or in part to situations of vulnerability to human trafficking.  For instance, in 2015, the United States banned the following practices in U.S. government contracts as relates to actions by the contractors, subcontractors, or employees as the actions were closely linked to human trafficking: Purchasing commercial sex. Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents without the employee’s consent. Failing to abide by any contractual provision to pay return transportation costs upon the end of employment for the purpose of pressuring an employee into continued employment. Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment. Charging recruited employees unreasonable placement or recruitment fees, or any such fee that violates the laws of the country from which an employee is recruited.  Providing or arrange housing that fails to meet host country housing and safety standards.    Using Government Contracts as Incentives Using government contracts as an incentive for businesses to undergo the auditing and policy overhauls required for clean supply chains, the decision ultimately calls on participating States to “take into account whether businesses are taking appropriate and effective steps to address the risks of human trafficking, including with regards to their subcontractors and employees, when considering the awarding of government contracts for goods and services.”    Historically, many governments have sought the least expensive contract for the most goods or services on the principle of using taxpayer funds efficiently—creating a perverse incentive for companies to turn a blind eye to human trafficking and its precursors.  The decision championed by the 2017 Austrian Chairmanship encourages participating States to reverse the incentive and reward with government contracts only to those companies that have done their due diligence to ensure trafficking-free supply chains.  This requirement reaches past the comparatively small number of businesses that receive government contracts and encourages all businesses competing for government contracts to clean their supply chains first. Strong implementation by OSCE participating States could set new industry standards where human trafficking and its precursors become significantly less profitable.    

  • New OSCE Ministerial Decision Builds on OSCE PA Best Practices to Fight Child Trafficking and Other Sexual Exploitation of Children

    On December 8, 2017, the OSCE Ministerial Council concluded its annual meeting of the Foreign Ministers of 57 OSCE participating States by adopting a decision to protect children from traveling sex offenders, from easy access to online pornography, and from misuse of the internet for child trafficking and other forms of sexual exploitation.  Modeled on Helsinki Commission Co-Chair Rep. Chris Smith’s supplementary items adopted by the OSCE Parliamentary Assembly (PA) in 2016 and 2017, the decision on “Strengthening Efforts to Combat All Forms of Child Trafficking, Including for Sexual Exploitation, as well as Other Forms of Sexual Exploitation of Children,” calls on participating States to take new, practical steps to protect children.   Download the full report to learn more. Contributor: Allison Hollabaugh Parker, Counsel

  • OSCE Adopts Child Trafficking Ministerial Decision Modeled on Initiative of Co-Chairman Smith

    WASHINGTON—On December 8, the OSCE concluded its annual meeting of the Foreign Ministers of 57 OSCE participating States by adopting a ministerial decision on combatting child trafficking—modeled on OSCE Parliamentary Assembly (PA) resolutions adopted in 2016 and 2017, authored by Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04).  Rep. Smith is the Special Representative on Human Trafficking Issues in the OSCE PA. Entitled “Strengthening Efforts to Combat All Forms of Child Trafficking, Including for Sexual Exploitation, as well as Other Forms of Sexual Exploitation of Children,” the decision provides practical steps for participating States to protect children from traveling sex offenders, and from misuse of the internet for child trafficking and other sexual exploitation.  “Traveling sex offenders rely on secrecy and anonymity to commit crimes against children; the new decision will deter the sexual exploitation of children at home and abroad, and aid in the prosecution of child sex traffickers,” said Smith. The decision calls on each of the OSCE participating States to keep a register of individuals who have committed sex offenses against a child, and to share that information with the law enforcement in destination countries—which would give the United States warning of foreign sex offenders entering U.S. borders.  The decision also calls on OSCE participating States to enact extra-territorial jurisdiction in order to “prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country.”   “Some believe the laws of a destination country allow sexual exploitation of a child, or rely on the fact that the judicial system in the destination country is weak,” Smith continued.  “The Ministerial decision underscores the universal human rights of the child to be protected from sexual exploitation and calls for participating States to put all abusers on notice—they will be prosecuted when they return home.”  In addition, the Ministerial decision echoes the Parliamentary Assembly resolutions by calling for accountability of those who misuse the Internet to knowingly or recklessly facilitate access to children for sexual exploitation or child trafficking—such as by advertising children on websites—highlighting that such individuals should be prosecuted as traffickers. “With this binding decision, the foreign ministries of the 57 OSCE participating States stand united with the OSCE Parliamentary Assembly to protect children from trafficking and other sexual exploitation across the OSCE region,” said Smith. Smith first raised the issue of human trafficking at the 1999 OSCE PA Annual Session in St. Petersburg, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.

  • ODIHR Hosts Human Dimension Seminar on Children in Situations of Risk

    As part of its broad mandate to combat trafficking in human beings, the OSCE Office on Democratic Institutions and Human Rights (ODIHR) brought together 100 representatives of participating States, international organizations, and civil society to discuss “Rights of the Child: Children in Situations of Risk” at the annual OSCE Human Dimension Seminar in Warsaw, Poland, on October 11-12, 2017.  Opened by Ambassador Christian Strohal, Special Representative for the OSCE 2017 Austrian Chairmanship; Jacek Czaputowicz, Undersecretary of State, Ministry of Foreign Affairs, Poland; and Ingibjörg Sólrún Gísladóttir, Director of ODIHR/OSCE, the seminar examined threats to children from incarceration and from human trafficking, as well as solutions.  Deprivation of Liberty Speakers addressed common myths surrounding the incarceration or detention of children using the totality of research on actual impact, and suggested means of mitigating harm.  Panelists agreed that detention should be the option of last resort and be for the least amount of time possible in order to avoid the well-documented negative effects on children.  Drawing on research, Ms. Michaela Bauer, the UNICEF Regional Partnership Manager, highlighted that detention does not in fact benefit the child but causes educational deficits, low social skills, and disrupted family ties—setting the child up for future failures and insecurity.  Ms. Bauer explained that deprivation of liberty is too often based on incorrect determinations that a child is a threat to themselves or to society.  She cautioned that detention is often 80 percent more expensive than alternate means, such as custodial family care.   She also addressed the myth that detention keeps the child from absconding, explaining that it is the fear of detention that makes children abscond.    Mr. Azamat Shambilov, Regional Director of Penal Reform International’s office in Central Asia, underscored that detention creates isolation, marginalization, and life-long stigmatization of children.  For instance, an educational diploma from a prison will haunt the child for life.  In addition, a child isolated in an institution from the love and support of family may suffer feelings of rejection.  Such children emerge from detention and seek out other children who have similarly suffered, and thus often find themselves in trouble again.  Mr. Shambilov suggested seeing the children as victims in need of care rather than criminals to be punished as, very often, the children who commit crimes have themselves been victims of crime. Ms. Roza Akylbekova, Deputy Director, Kazakhstan International Bureau of Human Rights and Rule of Law, highlighted the importance of keeping the child connected to family. If a child must be institutionalized, it is critical to ensure that the institution is close to family who can visit the child. A better alternative would be non-custodial sentences for crimes committed by children—in which case the child would live at home with his or her family for the duration of the sentence. Human Trafficking of Children At the conference, Commission on Security and Cooperation in Europe staff, accompanied by Italian trafficking survivor and activist Cheyenne de Vecchis and Dr. Maia Rusakova, Co-founder and Director of the Regional Non-Governmental Organization of Social Projects in the Sphere of Populations’ Well-being in Russia, presented practical steps to limit the risks of internet misuse for the trafficking of children.   Citing a growing body of research in the OSCE region on the links between children’s unrestricted access to pornography on the Internet and experience or perpetration of sexual exploitation, Commission staff encouraged participating States to consider working with the private sector to institute age verification technology for all access to online pornography, such as the system currently being implemented in the UK. Turning to the issue of children advertised online for sexual exploitation, Commission staff shared new technology developed by the U.S. non-governmental organization, THORN.  This technology saves law enforcement thousands of hours by intelligently filtering the thousands of new photos, phone numbers, emojis, gibberish, and acronyms on adult-services classified-ad websites each day—collating for law enforcement attention the advertisements that have indicators of human trafficking.  The Spotlight tool connects overlapping information for law enforcement, showing officers other cities in which a victim has been previously advertised and other information that can help officers investigate.  The Spotlight tool also provides a way for law enforcement in other jurisdictions to mark whether they are working on the leads, and who to contact for collaboration—innovations saving thousands of hours of work, dead ends, and duplicated efforts. In just the last three years, more than 6,300 trafficking victims have been identified in the United States with the Spotlight tool—nearly 2,000 of whom were children.  More than 2,000 traffickers were also identified.  While primarily developed in and for North America, the Spotlight tool could be easily adapted for other OSCE participating States. ODIHR’s Anti-Trafficking Mandate ODIHR enjoys a robust mandate embodied in multiple ministerial decisions and the 2003 OSCE Action Plan to Combat Trafficking in Human Beings (as well as its Addendum in 2013) to combat human trafficking in the OSCE region, and has a full-time staff person specifically to carry out ODIHR’s anti-trafficking mandate.  For instance, ODIHR is tasked by the 2003 Action Plan with promoting the cooperation of law enforcement and civil society to combat human trafficking.  The 2003 Action Plan also calls on ODIHR to work with the OSCE Strategic Police Matters Unit (SPMU) on anti-trafficking training materials for law enforcement.  In addition, ODIHR has a mandate to offer legislative input to participating States, including on the development of National Anti-Trafficking Plans of Action.    While the 2014 regular budget shortfalls saw the loss of three members of ODIHR’s anti-trafficking staff, one full-time position was restored in 2015.  ODIHR is now fully re-engaged on executing its mandate in the region, in coordination with the OSCE Special Representative and Coordinator for Combatting Trafficking in Human Beings. ODIHR is currently updating the National Referral Mechanism Handbook, which it originally created in 2004 to guide participating States on the development of coordination frameworks for state agencies and best practices to, along with civil society partners, ensure proper care of trafficking victims.   In 2017,  ODIHR staff members have visited Croatia, Georgia, the UK, and Poland to identify gaps and best practices for national referral mechanisms.  In addition, ODIHR is working in Central Asia and Mongolia to increase identification of trafficking victims and streamline aid to victims, as well as to strengthen coordination between state actors and civil society. Finally, ODIHR is working with the Strategic Policy Matters Unit in the Mediterranean region to offer participating States technical assistance for combatting human trafficking in mixed migration flows.

  • Trafficked: Untangling the Bonds of Modern Slavery

    Human trafficking remains an entrenched—but not intractable—problem in the United States and around the world.  According to the International Labor Organization, 40 million people suffered from human trafficking last year—most of whom were women and girls. On October 13, the U.S. Helsinki Commission held a screening of “Trafficked,” the new drama based on Siddharth Kara’s award-winning book, which follows the stories of three girls from Nigeria, America, and India as they lose and reclaim their freedom. The screening was followed by a panel discussion of the root causes of vulnerability to trafficking, the role of the buyer in trafficking, police corruption and accountability, the psychological effects of trafficking on survivors, and the road to recovery. In his opening statement, Siddharth Kara, Director of the Program on Human Trafficking and Modern Slavery at the Harvard Kennedy School of Government, described his motives for writing and producing the film “Trafficked”. “Above all, the goal of this film is to try to give some voice—some stirring voice to the millions of voiceless victims and survivors of human trafficking around the world.” Mr. Kara hopes the film will remind policy makers and the public of the real-life consequences of anti-trafficking efforts. “As much as we talk about policy, and talk about laws, and talk about steps that need to be taken, what should never be lost in those conversations is the human element in all this,” he said. Marcia Eugenio, Director of the Office of Child Labor, Forced Labor, and Human Trafficking in the U.S. Department of Labor’s Bureau of International Labor Affairs, described her personal reaction to the film and praised it for shedding light on the uncomfortable reality of human trafficking. “I think it is important to feel uncomfortable when you’re watching this movie. I think it is important because it reminds us that there are people out there who need our support.” Ms. Eugenio emphasized the scope of human trafficking around the world, noting that by conservative estimates, there are 25 million people trapped in forced labor, 5 million of whom are being trafficked for sexual exploitation. She also noted that trafficking is a complex problem with many causes. “Trafficking, forced labor, modern slavery, whatever term you want to use, is big business, and it’s underpinned by crime, by corruption, and in some cases, by good people turning a blind eye,” she said.   Solving it will therefore require the engagement of government and people from all parts of civil society. Alex Trouteaud, Director of Policy and Research at Demand Abolition, described his organization’s innovative efforts to combat human trafficking by reducing demand among sex buyers. In addition to focusing on the needs of the victims, he said, it is important to understand and take on the demand that drives trafficking. “This is an issue where vulnerable people are used as supply to meet the demands of perpetrators. So to the extent that we want to reduce victimization, we have to be thinking about the issue in a totally different way,” he stated. Good anti-trafficking policy, he said, provides services to rehabilitate victims, deter traffickers, and reduce demand for paid sex. He praised the Trafficking Victims Protection Act for addressing these three issues, and called for its reauthorization. He noted that progress is being made, citing a substantial decrease in sex buying in the U.S. over the last few decades, but stressed that much remains to be done.    

  • Helsinki Commission to Screen Trafficking Docudrama Based on Award-Winning Book

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following staff-led panel and movie screening: “TRAFFICKED: UNTANGLING THE BONDS OF MODERN SLAVERY” Friday, October 13, 2017 Movie Screening: 2:30 PM Panel Discussion: 4:00 PM Rayburn House Office Building Room 2168 Live Webcast (panel only): www.facebook.com/HelsinkiCommission Human trafficking remains an entrenched—but not intractable—problem in the United States and around the world.  According to the International Labor Organization, 40 million people suffered from human trafficking last year—most of whom were women and girls. “Trafficked,” the new drama based on Siddharth Kara’s award-winning book, follows the stories of three girls from Nigeria, America, and India as they lose and reclaim their freedom. The screening will be followed by a panel discussion of the root causes of vulnerability to trafficking, the role of the buyer in trafficking, police corruption and accountability, the psychological effects of trafficking on survivors, and the road to recovery.  Panelists will include: Siddharth Kara, Producer of “Trafficked,” Director of the Program on Human Trafficking and Modern Slavery at the Kennedy School of Government at Harvard University and also a Visiting Scientist on Forced Labor at the Harvard School of Public Health Alex Trouteaud, Ph.D., Director of Policy and Research, Demand Abolition Marcia Eugenio, Director, Office of Child Labor, Forced Labor and Human Trafficking at the Bureau of International Labor Affairs, U.S. Department of Labor

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