Title

Exploiting Americans on American Soil: Domestic Trafficking Exposed

Tuesday, June 07, 2005
2237 Rayburn House Office Building
Washington D.C., DC 20024
United States
Official Transcript: 
Members: 
Name: 
Hon. Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Benjamin Cardin
Title Text: 
Ranking Member
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Mike McIntyre
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Chris Swecker
Title: 
Assistant Director for Criminal Investigative Division
Body: 
FBI
Name: 
Dr. Susan Orr
Title: 
Associate Commissioner of the Children's Bureau in the Administration on children, Youth and Families
Body: 
Administration for Children and Families, U.S. Department of Health and Human Services
Name: 
Leisa B.
Title: 
Survivor of Domestic Trafficking
Name: 
Norma Hotaling
Title: 
Executive Director
Body: 
Standing Against Global Exploitation (SAGE) Project
Name: 
Frank Barnaba
Title: 
President and Founder
Body: 
Paul and Lisa Program
Name: 
Ernie Allen
Title: 
President and CEO
Body: 
National Center for Missing and Exploited Children

This hearing includes statements by both Hon. Christopher Smith and Hon. Ben Cardin. The speakers for this hearing addressed a wide range of issues regarding Human trafficking. This hearing also focused specifically on the aspects of domestic trafficking, which is regarded by some to be a far more pervasive form of human trafficking.

Relevant issues: 
Relevant countries: 
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  • Human Rights, Democracy, and Integration in South Central Europe

    The hearing, led by the Hon. Christopher H. Smith,  the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime. The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered.   

  • Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights

    This hearing, led by the Helsinki Chairman the Hon. the Hon. Sam Brownback, Co-Chairman the Hon. Christopher H. Smith Office, and ranking member the Hon. Alcee L. Hastings, examined the role that Democratic Institutions and Human Rights (ODIHR) has played over the last fifteen years. ODIHR’s role in advancing human rights and the development of democracy in the OSCE participating States was noted and agreed to be particularly important. ODIHR is engaged throughout Western Europe and the former Soviet Union in the fields of democratic development, human rights, tolerance and non-discrimination, and promotion of the rule of law and has set the international standard for election observation. Within the hearing, the challenges that ODIHR faces were examined, specifically those instigated by the Russian Federation, Belarus and a small minority of the OSCE participating states seeking to undermine the organization under the guise of reform.  ODIHR has earned an international reputation for its leadership, professionalism, and excellence in the area of election observation.  That being said, ODIHR’s mission is much broader, encompassing a wide range of human rights activities aimed at closing the gap between commitments on paper and the reality on the ground in signatory countries.    

  • Tools for Combating Anti-Semitism: Police Training and Holocaust Education

    The Helsinki Commission held a briefing on Holocaust education tools and law enforcement training programs undertaken by the Organization for Security and Cooperation in Europe. Co-Chairman Smith cited the vicious murder of Ilan Halimi as a reminder of the need to redouble efforts to combat anti-Semitism and to speak out when manifestations of related hatred occur.  The briefing highlighted specific programs which promote awareness of the Holocaust and provide law enforcement professionals with the tools to investigate and prosecute hate-inspired crimes.   Paul Goldenberg, a Special Advisor to ODIHR who designed the law enforcement training program which assists police to recognize and respond to hate crimes, stressed that law enforcement professionals must be recognized as an integral part of the solution.  Dr. Kathrin Meyer addressed the challenges presented by contemporary forms of anti-Semitism and highlights ways to address the subject in the classroom. Other witnesses – including Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; Stacy Burdett, Associate Director of Government and National Affairs, Anti-Defamation League; and Liebe Geft, Director, Simon Wiesenthal Center’s Museum of Tolerance also presented testimony at this briefing.

  • The Legacy of Chornobyl: Health and Safety 20 Years Later

    This hearing, chaired by Sen. Sam Brownback and Rep. Chris Smith marked the 20th anniversary of the nuclear disaster in Chornobyl, Ukraine. This is not only significant because of the long-term effects that the catastrophe had in the area, but also because of the circumstances under which it took place. More specifically, as Smith did not fail to point out at the hearing’s start, the explosion took place under the veil of secrecy brought to the world by the Soviet Union. The nuclear reactor at the Chornobyl site was part and parcel of U.S.S.R. property, so the Soviet Union was able to conceal what transpired from the outside world. This hearing emphasized much needed work to be done for the residents of Chornobyl, including aid by the United States.  

  • Accountability of Those Serving in International Forces and Missions

    Mr. Speaker, as Co-Chairman of the Helsinki Commission, I want to inform colleagues of an important breakthrough in combating human trafficking achieved at the recently concluded Ministerial Council meeting of the Organization for Security and Cooperation in Europe (OSCE). There have been growing concerns in recent years that some individuals serving as peacekeeping forces, or civilian contractors involved in international operations and other personnel serving with international organizations have helped fuel the demand side of the human trafficking cycle, particularly for sexual exploitation. These concerns stem in part from shocking revelations of complicity by elements in these operations with trafficking networks profiteering from this contemporary form of slavery. Serving in my capacity as Special Representative on Combating Human Trafficking for the OSCE Parliamentary Assembly, I have pressed for adoption of a zero-tolerance policy regarding trafficking in human beings by personnel involved in peacekeeping missions, along with related education and training. Overcoming pushback from various quarters, I am pleased to report that agreement was reached earlier this month among the 55 OSCE countries meeting in Slovenia, including numerous countries actively involved in peacekeeping missions around the globe, to ensure the highest standards of conduct and accountability of persons serving on peacekeeping forces and other international missions. Importantly, the OSCE countries have pledged to step up efforts to prevent military and civilian personnel deployed abroad from engaging in trafficking in human beings or exploiting victims of trafficking. Countries with deployed military and civilian personnel have also agreed to work cooperatively with authorities in countries hosting such missions, in efforts to combat trafficking in human beings. While many of the cases involve sexual exploitation and abuse, the OSCE countries also recognized that cases involving forced labor also need to be aggressively pursued and have committed to enforce relevant standards of conduct and to ensure that any such cases are properly investigated and appropriately punished. Mr. Speaker, if we are to be successful in combating human trafficking, we must be proactive at home and abroad. The OSCE has proven to be an important forum for building consensus and cooperation on anti-trafficking measures throughout the expansive OSCE region. Developing this consensus has required both tact and tenacity. In this regard, I want to recognize the tireless efforts of Janice Helwig and Maureen Walsh, two outstanding professionals on the Helsinki Commission staff. Having secured this important agreement at the OSCE, the Commission will continue to remain fully engaged in monitoring its implementation. Mr. Speaker, I submit for the Record a copy of the Ministerial Decision, agreed to by the 55 OSCE participating States.   DECISION NO. 16/05 ENSURING THE HIGHEST STANDARDS OF CONDUCT AND ACCOUNTABILITY OF PERSONS SERVING ON INTERNATIONAL FORCES AND MISSIONS The Ministerial Council: Reaffirming the OSCE commitments to combat trafficking in human beings, in particular 2000 Vienna Ministerial Council Decision No. 1, 2002 Porto Ministerial Declaration and Maastricht Ministerial Decision No. 2/03 and the OSCE Action Plan to Combat Trafficking in Human Beings, as well as its addendum "Addressing the Special Needs of Child Victims of Trafficking for Protection and Assistance,'' Recalling the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, and its comprehensive definition of trafficking in persons, Reiterating that trafficking in human beings, a contemporary form of slavery, seriously undermines the enjoyment of human rights and fundamental freedoms, Concerned that military and civilian personnel serving on international peacekeeping forces or other international missions, including contractors, as well as field presences of international organizations including the OSCE could be a contributing factor to the demand side of the trafficking cycle, Welcoming the efforts of the United Nations as well as other international organizations to develop and enforce ``zero-tolerance'' policies to prevent trafficking in human beings by both forces and other staff, which, combined with education and training, are required, Recalling the ongoing activities in all relevant international organizations aimed at the development of common standards and best practices to prevent and combat trafficking in human beings, Concerned about reports of misconduct by military and civilian personnel serving on international peacekeeping forces or other international missions, including reports of engaging in trafficking in human beings as defined in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, strongly condemning such acts, and noting that they have a detrimental effect on the fulfillment of mission mandates, Concerned also about reports of misconduct by military and civilian personnel serving on international peacekeeping forces or other international missions including reports of sexually exploiting and abusing local and refugee populations, as well as reports of cases of forced labour, strongly condemning such acts, and noting that they have a detrimental effect on the fulfillment of mission mandates, Emphasizing the need for more information and awareness-raising concerning these issues among personnel serving on international missions, Taking note of efforts by the United Nations aimed at ensuring that personnel serving on peacekeeping forces or other international missions are held to the highest standard of conduct and accountability, 1. Calls on participating States to improve, where necessary, measures to prevent military and civilian personnel deployed abroad to peacekeeping forces or other international missions, as well as OSCE officials, from engaging in trafficking in human beings or exploiting victims of trafficking. In this regard, the participating States will seek to ensure that their national laws, regulations, and other relevant documents can be enforced with respect to their nationals who are serving on peacekeeping forces or other international missions, with a view to ensuring the highest standards of conduct and accountability; 2. Calls on participating States with deployed military and civilian personnel to assist, within their competence and respective mandates, responsible authorities in the host country in their efforts to combat trafficking in human beings. Each participating State will take into account policies and consequences regarding trafficking in human beings when instructing its military and civilian personnel to be deployed abroad; 3. Calls on participating States to take appropriate action necessary to prevent sexual exploitation and abuse, as well as cases of forced labour, by military and civilian personne1 deployed by them who are serving on peacekeeping forces or other international missions, to enforce relevant standards of conduct in this regard, and to ensure that any such cases are properly investigated and appropriately punished; 4. Reaffirms the importance of implementing the Code of Conduct for OSCE Officials and Staff Instruction 11 addressing trafficking in human beings and instructs the Secretary General, drawing on the expertise of the OSCE Special Representative on Combating Trafficking in Human Beings and the Anti-Trafficking Assistance Unit, to update these documents to make them in line with this decision, and to circulate them to the participating States for comments and discussion prior to issuance; 5. Invites the governments of the OSCE Partners for Co-operation also to commit to the same, principles as are set forth in this decision and to that end tasks the OSCE Special Representative on Combating Trafficking in Human Beings and the OSCE Secretary General to share relevant information and materials with the OSCE Partners for Co-operation; 6. Tasks the OSCE Special Representative on Combating Trafficking in Human Beings to share with relevant international organizations OSCE training materials and other information that could assist in combating trafficking in human beings; 7. Tasks the OSCE Secretary General to report annually to the Permanent Council on the implementation of this decision in regard to the Code of Conduct for OSCE Officials and Staff Instruction 11, in accordance with provision III 11.1 of the OSCE Action Plan to Combat Trafficking in Human Beings.  

  • Remarks by Benjamin L. Cardin on the Trafficking Victims Protection Reauthorization Act of 2005

    Mr. Speaker, I rise in support and as an original cosponsor of H.R. 972, the Trafficking Victims Protection Reauthorization Act of 2005. As the Ranking Member of the Helsinki Commission, let me commend Chairman Chris Smith for all of his hard work on this issue both in the United States and around the world. I also want to thank International Relations Committee Ranking Member Tom Lantos for his strong support.   In 2000 Congress enacted the Trafficking Victims Protection Act (TVRA), which for the first time provided definitive protection for victims of human trafficking. Governments estimate that between 600,000 and 800,000 people are trafficked across international borders every year, yielding approximately $10 billion annually in illegal gains. When considering internal trafficking within a country, this number rises to an estimated 4 million persons.   Human trafficking destroys families and communities across the world. Human trafficking is a modern-day form of slavery, which traps people into forced labor or sexual slavery. Human traffickers violate the most basic human rights of their victims. The international community must oppose human trafficking in all its forms, and work together to eradicate this scourge on humanity. I commend the work of the Organization for Security and Cooperation in Europe (OSCE) for addressing this issue in a comprehensive manner, by creating an Action Plan to combat trafficking and appointing a Special Representative on Combating Trafficking in Human Beings.   The United States also has a problem with human trafficking as a destination country for many trafficking victims, as we heard in a recent Helsinki Commission hearing on domestic trafficking. The State Department believes that more than 14,500 people are trafficked into the U.S. every year, either for forced labor or sexual exploitation and slavery. Traffickers bring these victims--mainly women and children--from all over the globe, including Southeast Asia and the Americas. Traffickers often use criminal gangs to transport their human cargo. I am pleased that the government has created special “T” visas for victims of human trafficking who cooperate with law enforcement officials.   In 2003 Congress adopted the Trafficking Victims Protection Reauthorization Act, which created a new country “watch list'' under the supervision of the Department of State. This list has had a measurable effect on the behavior of offending countries. The State Department places the worst offenders on Tier 3 and makes these countries subject to certain economic and trade sanctions by the U.S. The number of Tier 3 countries has dropped from 27 in 2001 to 14 in 2005, so we have made measurable progress in raising awareness on this issue, but more work needs to be done.   This legislation will require USAID and the Department of Defense to include anti-trafficking policies in post-conflict and humanitarian assistance programs. Governments must put in place special measures to combat trafficking in countries that do not have a functioning and effective central government. This bill would enhance U.S. efforts to combat trafficking involving international peacekeepers.   The bill also authorizes $15 million annually for the Secretary of Health and Human Services to carry out a pilot program to establish U.S. residential treatment facilities for minors who are victims of domestic trafficking. The bill also expands counseling programs for victims of severe forms of trafficking. In total, the bill authorizes $68 million annually to combat human trafficking and assist victims.   We must keep the pressure up on other countries that do little to stop human trafficking, by implementing sanctions when needed and by using all available diplomatic channels. United States courts need to prosecute those individuals who commit these crimes on U.S. soil to the full extent of the law, and to send a message that the United States does not and will not tolerate human trafficking. I urge my colleagues to support this bill.

  • Remarks by Christopher H. Smith on the Trafficking Victims Protection Reauthorization Act of 2005

    Mr. Speaker, 5 years ago when Congress passed the Trafficking Victims Protection Act of 2000, the United States assumed a leadership role in combating the modern-day slavery known as human trafficking. As chief sponsor of the Trafficking Victims Protection Act, or TVPA, helped transform the way governments and the private sector around the world respond to human trafficking.   Enactment of H.R. 972, the reauthorization of the act, will ensure that we continue to make progress and significant in-roads. Along with many new initiatives, H.R. 972 also reauthorizes appropriations for fiscal years 2006 and 2007 for anti-trafficking programs of all relevant Federal agencies.   It is worth noting, Mr. Speaker, that in the past 4 years twice as many people in the United States have been prosecuted and convicted for trafficking than in the prior 4-year period. I would note parenthetically in my own State, Christopher Christie, the U.S. Attorney, has gone after one group of traffickers after another, Russian mobsters and those who have trafficked women in from Latin America, and has gotten convictions while simultaneously liberating the women from this scourge of modern-day slavery. Worldwide, more than 3,000 traffickers were convicted last year, a significant increase from the previous year. These numbers reflect an increasing number of countries adopting the laws necessary to combat trafficking and having the political will to implement those laws.   I would also note that since 2001, more than 800 survivors of trafficking in the United States have been found eligible for assistance. More than 400 victims have received a T visa. Likewise, in many countries, victims--mostly women and young girls--are now receiving shelter, job training, and critical medical assistance.   Just a few weeks ago, my wife and I were in Lima, Peru, and went to a trafficking shelter and saw young women who had been trafficked, who were now getting life skills, but also getting the kind of medical and psychological assistance to get their lives back together again.   Without a doubt, Mr. Speaker, much has been accomplished; and yet an estimated 600,000 to 800,000 people are still being trafficked across international borders each and every year. Possibly millions more are trafficked internally within the borders of countries.   Upon enactment, title I of this bill would continue to fight against international trafficking. H.R. 972 will put pressure on international organizations to implement reforms needed to tackle the unconscionable situation of peacekeepers or other international workers being complicit in trafficking and sexual exploitation.   I would point out that on December 6, the OSCE adopted a decision calling on States to prevent peacekeepers from being complicit in trafficking or abusing in a sexual way the local population. We only have to remember what happened in the Congo, where little 13- and 14-year-old girls were raped by U.N. peacekeepers, and that is as recent as just a few months ago. Thankfully, there is a zero tolerance policy now; and, hopefully, it will have real meaning in the field.   Indeed, as confirmed in an October report by Refugees International, peacekeeper reform has not been implemented at some U.N. missions in places such as Haiti and in Liberia because of a deep-seated culture of tolerating sexual exploitation.   H.R. 972 would also require the annual Trafficking in Persons report to include information by groups like the U.N., the OSCE and NATO to eliminate involvement in trafficking by any of the organizations' personnel. We know we can recount one instance after another where in-country when they are in a very authoritative position these personnel, peacekeeping and non-peacekeeping alike, have exploited the local population.   Under H.R. 972, the Secretary of State would also report to Congress before voting for a peacekeeping mission about the measures taken to prevent and, if necessary, punish trafficking or sexual exploitation by peacekeepers.   To ensure that our own house is in order, the bill would create criminal jurisdiction over Federal employees and contractors for trafficking offenses committed overseas while on official business.   The bill will also focus the State Department, USAID and DOD on improving trafficking prevention strategies for post-conflict situations and humanitarian emergencies in which indigenous populations face a heightened vulnerability to violence.   The legislation also would amend the criteria used in the annual TIP report, or Trafficking in Persons report. The new criteria will include consideration of governments' efforts to reduce demand for prostitution, to prevent sex tourism, to ensure that peacekeeping troops do not exploit trafficking victims, and to prevent forced labor or child labor in violation of international standards.   Unlike transnational cases of trafficking, few governments are yet willing to recognize internal trafficking within their own borders. Even in the United States, Mr. Speaker, American citizens and nationals who are trafficked domestically, often from one State to another, are still viewed through the lens of juvenile delinquency, rather than victims of crime, worthy of compassion and assistance.   Title II of H.R. 972 shines a new light on our own domestic trafficking problem. Enactment of this bill will begin to shift the paradigms so that these exploited girls and women will receive assistance that they so desperately need.   I would like to thank my good friend and colleague, Deborah Pryce for her good work on this provision. The gentlewoman from Ohio (Ms. Pryce) was the author of legislation, the End Demand Act, and those provisions are in this legislation, mostly intact, and I want to thank her for her leadership in doing that. It will make a difference for many American girls, mostly the runaways who are then victimized by the traffickers; and I certainly appreciate her work on this.   The bill's domestic provisions, Mr. Speaker, respond to a very real need, and I will give my colleagues one example. On December 6, there was an article in the Seattle Post-Intelligencer that said that Seattle has become a major hub on the child trafficking circuit. The article states: ``Despite Seattle's extensive network of services for youths, there is one 15-bed temporary shelter, it is the only place, other than a jail cell, where children trapped in prostitution can find respite, albeit brief. There is nothing in the city, or even in Washington State, dedicated to helping young people permanently free themselves from sex work.''   We find that is the case all over the country, including my own State of New Jersey.   Having seen this void, again, this legislation responds. It also provides money for a pilot program under the Department of Health and Human Services to help these victims of trafficking.   The bill also, Mr. Speaker, enhances State and local efforts through grants to encourage the enforcement of anti-trafficking and anti-prostitution laws, re-education programs, modeled after what they call ``john schools'' for people arrested for soliciting prostitution, and training for law enforcement on how to work compassionately and effectively with trafficked persons. All of the funded programs will involve collaboration between law enforcement agencies and NGOs.   Again, I would just like to thank my colleagues on both sides of the aisle for their work on this legislation: Chairman Sensenbrenner, who marked this legislation up and wrote some very, very good provisions; again, I mentioned Chairman Pryce who, again, was so effective in getting the domestic language into this bill; Chairman Hunter, Chairman Barton, Chairman Hyde, my good friend and colleague, Mr. Lantos, who is ever a great friend and colleague when it comes to anything dealing with human rights and, in particular, on human trafficking.   I also want to thank our Republican leadership, particularly Majority Leader Blunt and Mike Pence, who were original cosponsors, along with almost 100 Members of the House, both sides of the aisle, that have joined in to make this legislation possible. I also want to thank a number of staff members who were instrumental in getting this bill to the floor: Eleanor Nagy, Director of Policy for the Africa, Global Human Rights and International Operations Subcommittee of the committee I serve as chairman; Maureen Walsh, to my left, General Counsel of the OSCE, or Helsinki Commission; Renee Austell; Jack Scharfen; and David Abramowitz. Again, David and I worked with Joseph Reese, way back when the first bill was enacted, and he did yeomen's work on writing provisions and working with us. Dr. King as well for his great work. Katy Crooks from the Judiciary Committee. And Cassie Bevin from the Majority Leader's Office. There are just so many people who have corroborated on this, and I want to thank them for their tremendous work.

  • THE UNITED STATES AND THE OSCE: A PARTNERSHIP FOR ADVANCING FREEDOM

    This hearing focused on the relationship and the partnership the United States has with the OSCE and whether, through this partnership, the U.S.  foreign policy goals of advancing freedom are being achieved. Among the assessment of the relationship was whether the U.S. was utilizing the capabilities of the OSCE process to the fullest of its abilities. The Commissioners also reviewed whether a similar OSCE framework would be plausible for the African continent to focus on humanitarian development. The witness gave testimony of examples of the OSCE framework shaping the dialogue of free electoral processes, freedom of expression and religion, and protections of minority groups. The hearing touched on potential change of focus  to alleviate issues of terrorism in the OSCE mission.

  • American Agenda Moves Forward at the 14th Annual OSCE Parliamentary Assembly

    The 14th Annual Meeting of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly convened in Washington, DC, July 1-5, 2005. Speaker of the House, J. Dennis Hastert (R-IL), the host for this year’s Assembly, welcomed more than 260 parliamentarians from 51 OSCE participating States as they gathered to discuss various political, economic, and humanitarian issues under the theme, “30 Years since Helsinki: Challenges Ahead.”  Commission Chairman Senator Sam Brownback (R-KS) served as head of the U.S. Delegation, Co-Chairman Christopher H. Smith (R-NJ) was delegation vice-chairman.  Secretary of State Dr. Condoleezza Rice gave the inaugural address at the assembly’s opening session, thanking the members of the OSCE PA for their work toward “human rights, the rule of law, free and fair elections, and the development of transparent, accountable institutions of government across the OSCE community and around the globe. “As the Chairman-in-Office and Parliamentary Assembly take a fresh look at the OSCE agenda and consider these and other items, preserving the integrity of Helsinki principles and ensuring that the OSCE continues to be an agent of peaceful, democratic transformation should be paramount objectives,” Secretary Rice said. Chairman Brownback in plenary remarks underscored the rich history of the Helsinki Process, unwavering U.S. commitment to human rights and the dignity of the individual, and the dramatic advances made in Georgia, Ukraine, and Kyrgyzstan.  At the same time, he pointed to the remaining work to be done in the OSCE region and beyond to meet the promises made with the signing of the 1975 Helsinki Final Act.      Offering guidance to the body, OSCE PA President and Helsinki Commissioner Rep. Alcee L. Hastings (D-FL) reiterated the gathering’s theme:  “In this new Europe, and in this new world, the OSCE and the OSCE Parliamentary Assembly must stand ready to respond to new threats and challenges, and this means evolving and adapting to new realities.” Agenda and Issues Among the issues considered by the Assembly were recommendations for changes in the OSCE Code of Conduct for Mission Members, efforts to combat human trafficking, and calls for greater transparency and accountability in election procedures in keeping with OSCE commitments made by each of the 55 participating States. The First Committee on Political Affairs and Security met to discuss matters of terrorism and conflict resolution, including resolutions on the following topics: terrorism by suicide bombers the situation in Abkhazia, Georgia terrorism and human rights Moldova and the status of Transdniestria Under the chairmanship of Rep. Benjamin L. Cardin (D-MD), the Second Committee on Economic Affairs, Science, Technology and Environment moved on a number of issues, including resolutions and amendments on: small arms and light weapons maritime security and piracy the OSCE Mediterranean dimension money laundering the fight against corruption The Third Committee on Democracy, Human Rights and Humanitarian Questions tackled a number of resolutions, as well as two supplementary items brought by members of the U.S. Delegation.  Other topics addressed by the Committee included:         the need to strengthen the Code of Conduct for OSCE Mission Members combating trafficking in human beings improving the effectiveness of OSCE election observation activities The Assembly plenary met in consideration of the resolutions passed by the general committees as well as the following supplementary items: improving gender equality in the OSCE combating anti-Semitism Special side events were held in conjunction with the 5-day meeting, including a briefing on the status of detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, held by senior U.S. officials from the Departments of Defense and State.  Members of the U.S. Delegation also participated in the following organized events: Parliamentary responses to anti-Semitism Working breakfast on gender issues Mediterranean side meeting Panel discussion on the Nagorno-Karabakh conflict Human rights in Uzbekistan Meeting of the parliamentary team on Moldova In addition, while participating in the Assembly, members of the U.S. Delegation held bilateral meetings with fellow parliamentarians from Azerbaijan, Georgia, Kazakhstan, and Turkmenistan.  They also had formal discussions with the newly appointed OSCE Secretary General Marc Perrin de Brichambaut. Key U.S. Initiatives The successful adoption of a number of supplementary items and amendments to the Assembly’s Washington Declaration illustrated the extent of the activity of the members of the U.S. Delegation in the three Assembly committees.  The delegation met success in advancing its initiatives in human trafficking, election observation activities, and religious freedom. As a result, the Washington Declaration reflects significant input based on U.S. initiatives. In the General Committee on Democracy, Human Rights and Humanitarian Questions, Senator Voinovich (R-OH) sponsored, and successfully passed, a supplementary item on funding for the Office for Democratic Institutions and Human Rights (ODIHR) to allow it to continue its missions and responsibilities. Speaking on the passage of his resolution on combating trafficking at the hands of international peacekeepers, Co-Chairman Smith said, “In the past, the lack of appropriate codes of conduct for international personnel, including military service members, contractors, and international organization’s employees, limited the ability to counter sexual exploitation and trafficking.  That is finally changing.” The U.S. Delegation also overwhelmingly defeated text offered by the Russian Delegation that would have weakened the ability of ODIHR to effectively perform election observations.  Co-Chairman Smith, principal sponsor of the amendments that served to frustrate the Russian resolution, praised the OSCE Parliamentary Assembly saying, “The Parliamentary Assembly has reaffirmed the central and historic leadership role of the OSCE’s Office of Democratic Institutions and Human Rights in monitoring elections….Parliamentarians from the participating States have soundly rejected the ploy to weaken OSCE election standards, holding participating States accountable when they fail to fulfill their OSCE election commitments.” On the issue of religious freedom, the U.S. Delegation carried through two amendments to the final Assembly declaration. “I am very pleased that these amendments passed,” said Co-Chairman Smith, who offered the amendments to the draft resolution.  “However, the fact that the first amendment passed by only 10 votes underscores the continuing challenge in the fight for religious liberties in the OSCE region.  The fact that parliamentarians are willing to discriminate against minority religious communities is sobering.” In addition, an amendment brought by Del. Eleanor Holmes-Norton (D-DC) that calls on the U.S. Congress to grant voting rights for residents of the District of Columbia secured passage. Leadership Positions Commissioner Hastings was re-elected unanimously to another one-year term as the President of the OSCE Parliamentary Assembly.  Joining the U.S. leadership on the Parliamentary Assembly, Commissioner Benjamin L. Cardin was also re-elected Chairman of the General on Economic Affairs, Science, Technology and Environment by unanimous decision.  Commission Co-Chairman Christopher H. Smith continues in his role as Special Representative on Human Trafficking to the OSCE PA.  Additionally, Rep. Hoyer chaired the Ad Hoc Committee on Transparency and Accountability, which works to foster greater response from the governments of participating States to Assembly initiatives. The close of the Assembly was marked with the adoption of the Washington Declaration and concluding remarks by OSCE PA President Hastings. The Parliamentary Assembly will meet again next year, July 3-7, in Brussels, Belgium. U.S. Delegation to 14th Annual OSCE Parliamentary Assembly: Commission Chairman Sen. Sam Brownback (R-KS) Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) Sen. George Voinovich (R-OH) Rep. Steny H. Hoyer (D-MD) Rep. Louise McIntosh Slaughter (D-NY) Rep. Alcee L. Hastings (D-FL) Rep. Robert Aderholt (R-AL) Rep. Mike McIntyre (D-NC) Rep. Joseph R. Pitts (R-PA) Rep. Mike Pence (R-IN) Del. Eleanor Holmes Norton (D-DC)

  • Examining Efforts to Eradicate Human Trafficking

    Mr. Speaker, May 12, 2005, I chaired a Capitol Hill briefing, “Sex Trafficking in Eastern Europe: Belarus, Moldova, and Ukraine,” conducted for the Congressional Human Rights Caucus. The Caucus heard testimony from a number of excellent witnesses regarding current efforts in Eastern Europe to combat human trafficking for forced economic or sexual exploitation.  Since the late 1990s, I have worked to eradicate trafficking in the United States and around the world. As Co-Chairman of the Commission on Security and Cooperation in Europe and as Special Representative on Human Trafficking for the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE), I have given particular attention to the situation in the 55 OSCE participating States, which include source, transit and destination countries for victims of trafficking, such as Belarus, Moldova and Ukraine, The United States has been a solid supporter of the OSCE's role in generating the political will--and programmatic responses--necessary to stop trafficking in Europe and Eurasia.  Among those briefing the Congressional Human Rights Caucus was Michele Clark, Head of the OSCE's Anti-Trafficking Assistance Unit in Vienna, Austria, and previously Co-Director of The Protection Project at Johns Hopkins University. Ms. Clark is a dedicated and knowledgeable anti-trafficking advocate. Her recognized expertise on human trafficking issues led to her appointment at the OSCE in which she is now at the forefront of the anti-trafficking movement in Europe.  Mr. Speaker, I ask that Ms. Clark's prepared statement from the briefing be printed in the Congressional Record. Her statement was both visionary and practical and challenges all of us--Members of Congress and representatives of governments alike--to take bold, definitive steps to eradicate modem day slavery. Ms. Clark's statement also encourages us, and I believe rightly so, to evaluate carefully whether our current programs and strategies are effectively meeting that challenge.  TESTIMONY OF MICHELE A. CLARK, HEAD, ANTI-TRAFFICKING ASSISTANCE UNIT, ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE: SEX TRAFFICKING IN EASTERN EUROPE: MOLDOVA, UKRAINE, BELARUS  I am Michele Clark, Head of the Anti-Trafficking Assistance Unit at the Organization for Security and Cooperation in Europe (OSCE) in Vienna, Austria. The OSCE has a long history of combating all forms of human trafficking, including trafficking for commercial sexual exploitation as well as forced and bonded labor within the framework of prevention, prosecution and protection. A unique characteristic of the OSCE's Action Plan to Combat Trafficking in Human Beings is the recognition of human trafficking as a complex, multidimensional issue with far reaching security implications. Consequently, the Action Plan enjoins all of the OSCE institutions and structures, including the Strategic Police Matters Unit and the Office of the Coordinator for Economic and Environmental Activities, as well as the Office for Democratic Institutions and Human Rights, to work together toward combating trafficking in human beings.  I appreciate the opportunity to address you today on the status of Trafficking in Human Beings in Eastern Europe with a focus on the countries of Moldova, Belarus and Ukraine. I would like to thank you, members of the Human Rights Caucus, for your sustained commitment to this noble cause and for keeping informed of the most current issues, trends and challenges. The OSCE looks forward to being of assistance to you in any way we can, and to continuing our good work together.  The movement to Combat Trafficking in Persons is poised to become one of the most significant human rights movements in the past two hundred years, but it isn't there yet. I say this very carefully. For, notwithstanding the central position that human trafficking has occupied on the world stage for the past five years, the tragic, graphic stories by print and broadcast media, the high level of political visibility and, last but far from least, the hundreds of millions of dollars and Euros made available by donor countries, trafficking in human beings is in fact a growth industry. Obviously, this statement begs the question, “Why?” I would like to devote the bulk of my testimony today to providing some thoughts that might prove beneficial to policy makers as well as practitioners as we all attempt to “get it right.” I would like to begin with a real-life story. Mariana and Jana  A year and a half ago, I went to Moldova. Although I went there to participate in an international conference, one of my personal goals was to visit with a family I had only heard about, but wanted very much to meet. Four months earlier, the eldest daughter, a beautiful young woman in her early twenties and herself the mother of a three-year-old daughter, tragically killed herself, by hanging in the country where she had been trafficked, abused, finally imprisoned as she waited to participate in the prosecution of her traffickers. I do not apply the word, "rescue" to such circumstances. She worked with the law enforcement officials of that country and her testimony resulted in a conviction and stiff sentence. The only option available to her, at the end of the legal proceedings, was return to her country, and for that she was asked to pay $80 for her travel documents. Return to what, however? A job that would pay about 30 dollars a month? A home without a father, because hers was absent 8 months of the year, a migrant worker in Western European countries, trying to make money to send home? For her daughter, a life with prospects not much different than her own? Rather than return to a future with no hope, Mariana as I will call her now, ended her own life.  Her body was flown to Moldova, where she was buried. An international organization there as well as an NGO in the destination country contributed to the transport of the body and to the funeral costs. I went to see her mother, younger sister Jana, and her daughter Victoria. We spent many hours together over several days, but the family did not want to talk about Mariana--although everyone knew what had happened to her. The stigma of Mariana's life as a trafficked woman was a great burden for the family. Coupled with the suicide, it was too much to bear. There were no visible pictures of her in the home but I finally asked to see photos. The mother warmed to us then and for a few moments we all wept together as women and as friends. All except for little Victoria who continued to express anger that her mother came home in a box and that she was not allowed to see her.  In particular, I was deeply moved by the younger sister, Jana, and became concerned for her future. Blonde (as much as it pains me, there is a stereotype), bright-eyed and quite lovely, she asked eagerly about life in the United States and wondered if I could help her get there. I thought, how easily swayed she would be by anyone who offered her a situation similar to her sister's. For weeks her image would not leave me and I made some inquiries, unwilling to accept that her plight had to be the same as her sister's. Was there in fact no hope for her? I learned that a year of university would cost about $USD 500; she would then need money for supplies and fees, and income to supplement the money she was making in a candy factory. I engaged with a social worker there, part of a large organization that assisted trafficked women. I asked them, what could happen, and what were the options? It took a long time to get answers, because the social workers have very little capacity to assist victims, or potential victims, to find long-term solutions, the focus being primarily on emergency care. Finally I was told that Jana could be sent to hairdressing school, and that she would receive assistance with job placement after she left. However, there was no money, not even the small sum $800 that would take care of all costs. Together with a few friends, we paid for Jana to go to school, and learn a trade. I was deeply disappointed at how few options were available and by the lack of attention to the long term. Parenthetically, I must say how exasperated I get when I hear that vocational training for trafficked women consists of beauty school. This is certainly a fine trade, but how many beauticians can small countries support? Another important fact is that many of these women are intelligent and resourceful, and would do well in business or any of the other professions.  To summarize this story, I would like to quote my colleague Antonia DeMeo, who is the Human Rights and Senior Anti-Trafficking officer at the OSCE Mission to Moldova: "If the economic situation in Moldova would improve, then I believe that the trafficking problem would decrease. People are looking for work and money, and better opportunities for the future, and will take significant risks to get them. [While working in the Balkans] I saw numerous asylum and residency petitions filed by Moldovans and none of them wanted to return to Moldova. Why? Because they saw no future there. You can provide them with all the counseling you want--it will not solve the problem of creating a viable future." Characteristics of Countries of Origin  Today we are talking about three different countries: Moldova, Belarus and Ukraine. I would like to identify common elements among each of these countries in an effort to assist our policy and programmatic initiatives.  These three countries are among the top ten countries of origin for trafficking for prostitution in the world, according to a United Nations report dated May 2003. It is interesting here to note that these countries have all undertaken serious efforts towards legislative reform to address trafficking in human beings. Laws alone do not stop trafficking, although they are a necessary place to start.  These countries share many of the same routes, and many of the same countries of destination, including but not limited to Italy, the United Arab Emirates, Germany, Czech Republic, Belgium, Switzerland, Sweden, Greece, France, Finland, the Netherlands, Hungary, Poland and the United States.  These countries are primarily countries of origin for women trafficked for purposes of commercial sexual exploitation. However, recent studies of trafficking patterns in these countries indicate new trends, notably trafficking of children (boys and girls), trafficking for labor, and the development of local sex tourism. This particular trend is very unsettling. The sex tourism is a by-product of coveted commercial development necessary to the betterment of the collapsing economic infrastructures.  Numbers of trafficked persons are very difficult to come by, with most information being provided by countries of destination. Victim identification remains inadequate.  Most trafficked persons return to the same conditions which initially compelled them to seek employment elsewhere. The hardship is compounded, however, by the fact that they are often stigmatized as a result of their trafficking experiences. Furthermore, criminal status that ensues from being considered an illegal immigrant, or being in possession of fraudulent documentation further marginalizes these women and shuts them out of the formal economy.  Overall, there is a lack of protection and re-integration programs for returning trafficked persons. Most programs provide short term assistance only and are not equipped to provide long-term support to trafficked persons. Failure in identification of trafficked persons and the subsequent dearth of long-term assistance appear to be factors which contribute to re-trafficking.  Each country has experienced a period of great political instability. Challenges to Combating Trafficking in Human Beings  I believe that both countries of origin and of destination have a responsibility for providing protection and assistance to victims of trafficking, for the plight of women like Mariana, and to ensure that Jana, and even Victoria, will be able to contemplate a future with options and possibilities, much in the way all of us in this room approach the future.  In countries of origin, root causes need to be considered. These run very deep, and comprise social and economic push factors that drive women to seek employment overseas, including the absence of alternatives, the social stigma that leaves trafficked persons marginalized, and the on-going need to provide financial assistance to their families. It is also necessary to consider wide-spread corruption, the lack of a human rights approach, mistrust towards the police and judiciary, the absence of a tradition to resolve issues through court procedures, lack of co-operation between the State and the civil society, widely spread distrust towards NGOs as foreign agents and representatives of political opposition, inadequate funding for the implementation of anti-trafficking programs and projects, lack of co-operation with countries of destination. This list goes on.  Countries of destination, on the other hand,--and this includes us--will have to concretely recognize that they create the demand which encourages human trafficking and enables organized criminal groups to generate billions of dollars annually in tax-free revenue at the cost of human misery. Furthermore, countries of destination need to develop humane and compassionate approaches to victim identification, victim protection, and long-term victim assistance. Successful reintegration begins at the country of destination.  After making this distinction, I personally believe that it is no longer adequate to talk about solutions, policies and practices directed exclusively towards countries of origin and destination, for these countries are in fact linked by very complex relationships that include financial institutions, border and immigration police, law enforcement, the tourist and transportation industry, and other equally significant commercial and professional enterprises. To address only a country of origin without looking at where the reward comes from for criminal activity is an incomplete approach, and will therefore yield incomplete results. Regional approaches to combating trafficking in persons, linking countries of destination and origin, have the best potential for arriving at comprehensive and systemic solutions.  In addition to the challenge of complex political and commercial relationships mentioned above, I would like to talk briefly about the great challenge of victim identification, underscoring why there is such urgency in addressing this topic. From 1 January 2000 to 31 December, 2004, the International Organization for Migration (IOM) and other nongovernmental organizations assisted 1,464 trafficking victims to return to Moldova, and this number includes 81 minors. In 2004, one destination country alone documented repatriation of 1,774 Moldovan women. These women were listed as illegal immigrants; however, human rights groups in this country attest that the majority of Moldovan women who are arrested for violations of immigration laws are victims of trafficking. Similar discrepancies can be found among the other countries we are talking about. In one year, one country reported more Moldovan women than other reports claim were helped in five years. These discrepancies require our serious consideration. Why the discrepancy? What needs to be changed in order for women to seek out assistance? Are the right groups providing the assistance so that trafficked persons feel protected? Is the assistance appropriate to the need? Policy Implications  Here I would like to ask two more questions:  (1) What about the present? Are we really making progress? If trafficking, as all indicators tell us, is in fact a growth industry, then what do we not know? What are we getting wrong? What in fact is the real impact of anti-trafficking funding?  (2) What about the future? Are our current efforts helping to lay a foundation that will enable prevention, protection and prosecution to continue after donor funds have decreased?  I am particularly concerned about the need to think about investing in the creation of sustainable grass roots initiatives as opposed to reactive project development. The question of funding is of particular concern to me right now. Wealthy nations have responded generously both by making funds available and by elevating this issue to one of high political visibility. But let us be realistic. History shows us that in time, another world crisis will capture world attention as well as money, even though human trafficking itself will not disappear. Will there be organizations, movements, trained personnel in rural communities, small towns and big cities who will be able continue to pressure their governments and work to assist individuals?  Let us look again at Moldova. This small country with a population of barely 4 million people is now receiving between $USD 10M-12M over several years to combat trafficking in persons. Here are some questions we need to think about, not only for Moldova, but for all countries receiving large amounts of external assistance.  To what extent are these funds actually reaching trafficked persons or developing grass roots capacity?  To what extent are these funds being invested to ensure sustainable anti-trafficking initiatives?  To what extent is there coordination among donors to ensure that there are no duplicated efforts?  Who is around the table at these coordinating meetings? Are the right partners present in order to make sure that these efforts are able to continue into the future, long after grant money has decreased?  Are the faith communities involved? It is well known at this time that faith communities have the capacity to reach trafficked persons which are normally outside of the grasp of other organizations; this comes from the fact that they are closely linked to the communities and have the trust of the local populations--including the trust of trafficked persons.    Recommendations  1. Coordinate initiatives of major donors to ensure that there will be no duplication of efforts, and that there will be monitoring of grant activities.  Make sure that grants provide for a broad representation of local NGOs.  Make sure that funded projects ensure provision of benefits directly to individuals and to the empowerment of small local NGOs. Many budgets give only token amounts to local initiatives while having large budgets for travel and foreign consultants. This is the time to develop the grass roots work force.  Develop existing capacity and cultivate potential/future capacity. Are there sufficiently trained service professionals? Do countries' economic development plans foresee the training of new members of the work force taken from returning trafficked persons?  Develop a long-term perspective to finding long-term solutions rather than only addressing immediate needs.  Give priority to programs that work towards social inclusion--the forgotten stepchild of the anti-trafficking movement. Make reintegration a long-term policy.  Members of the Human Rights Caucus, I will end where I began, challenging us to consider that we could be part of the greatest human rights movement of the past two hundred years, with a legacy of freedom, redemption and hope that will serve as a model for generations to come. Do we have the courage, the discipline, and the wisdom to make it happen? May it be so. Thank you.

  • Meeting the Demographic Challenge and the Impact of Migration

    By Erika Schlager, Commission Counsel for International Law The thirteenth meeting of the Economic Forum of the Organization for Security and Cooperation in Europe convened in Prague, the Czech Republic, from May 23-27, 2005.  This year, Forum participants from 52 of the 55 OSCE participating States met under the broad theme of “Demographic Trends, Migration and Integrating Persons belonging to National Minorities:  Ensuring Security and Sustainable Development in the OSCE Area.” [1] Stephan Minikes, U.S. Ambassador to the OSCE, summarized the factors that drove the meeting’s focus on demographic, migration and related population issues: “Given current demographic trends in much of the OSCE space, an increasing number of states will have to deal with migration on a larger scale.  In many countries, the decline in workforce due to aging and shrinking populations cannot be arrested or reversed quickly enough through increased fertility.  To maintain quality of life, sustainable development and support pension schemes, many countries will have to open their labor markets, and quickly.  Inviting immigrants will force states not only to integrate them, but also to evaluate their immigration policies . . . .” The Economic Forum, replicating what has been a growing trans-Atlantic public debate, gave particular attention to efforts to increase birthrates and to enhance migration from other regions that – for now – are experiencing population growth (at least relative to job availability). With respect to the goal of increasing the birthrate, no single policy prescription emerged from the discussions.  The Norwegian delegation described grass-roots driven policy changes that contributed to raising the birth rate in Norway – although it was only raised to 1.8 percent, still below replacement levels.  A number of other speakers highlighted the need to develop policies to help women juggle both careers and parenting.  In closing remarks, the U.S. delegation observed, “[w]hile we do not dispute this need, we believe that it is equally critical to keep in mind the parenting role of men as well.” Conspicuously absent from the discussion was consideration of data on ethnic groups within countries.  In several countries, for example, the demographic trend in the Romani minority differs from the ethnic majority: Romani communities often have a higher birth rate, shorter life-span and higher infant mortality.  Nevertheless, although there is a Europe-wide demographic crisis, a few public officials in several countries, perhaps reflecting widespread social antagonisms toward the Romani community, argued for targeted programs to reduce the Romani birth rate. In the discussion of migration trends, the economic and environmental factors that lead people to migrate were examined, as well as the implications of such migrations for both the countries that send and receive migrant populations.  A few countries, including Albania, Armenia and Tajikistan, spoke from the perspective of a sending country, touching on both the positive (e.g., remittances) and negative (e.g., brain drain) aspects of population outflows. Other sessions of the Prague Forum addressed population developments, including: Environment and migration; Providing services for migrants; Awareness raising and economic integration in countries of destination; Economic and social integration of national minorities; and Principles of integration of national minorities. Four side events were held concurrently with the working sessions.  They were: Migration and economic development of the sending countries (an event held with the OSCE Mediterranean Partners for Cooperation); Implementing the Roma and Sinti Action Plan (economic and social aspects); The OSCE’s Anti-trafficking Program; and The Labor Migration Project in Armenia. In his closing remarks, a representative of the Slovenian Chair-in-Office (CIO) noted a few suggestions that might serve as the basis for further OSCE work, including: Developing an action plan on migration issues; Formulating a statement of principles that might be adopted at the OSCE Ministerial in December; Developing a handbook on managing migration;  and, Establishing an advisory group on migration issues under the umbrella of the OSCE  Economic and Environmental Activities Coordinator.  The CIO representative noted that some of the recommendations went beyond the OSCE’s framework and mandate.  In addition, during the discussions, a few countries (notably Turkey and France) noted that some speakers had advocated policy approaches that would not be acceptable to their capitals.  Accordingly, it remains to be determined whether a consensus will be established for moving forward on any of these specific suggestions. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. U.S. DELEGATION: Stephan M. Minikes, U.S. Ambassador to the OSCE Susan F. Martin, Professor at Georgetown University and Executive Director of the Institute for             the Study of International Migration at Georgetown University Ellen Thrasher, Associate Administrator, U.S. Small Business Administration Katherine A. Brucher, Deputy Political Counselor, U.S. Mission to the OSCE Robert Carlson, Political Officer, U.S. Mission to the OSCE Susan Archer, OSCE Desk Officer, U.S. Department of State Erika Schlager, Counsel for International Law, Commission on Security and Cooperation in Europe  [1] (The three countries which had no representation during the course of the week were Andorra, Macedonia and Uzbekistan.)

  • The Iran Crisis: A Transatlantic Response

    Commissioners Brownback, Smith, and Cardin held this hearing that focused on the deteriorating human rights situation in Iran, and how the U.S. and Europe together could help address this predicament. More specifically, under President Mahmoud Ahmadinejad, Iran did everything in its power to crush dissent, resorting in every form of persecution, including execution. The relevance to the OSCE regarding the situation in Iran lies in the fact that Iran borders multiple OSCE participating states. Likewise, events in Iran, which is a rather large country, have a direct bearing on the broader Middle East and beyond. 

  • OSCE Anti-Trafficking Commitments

    The OSCE's "Action Plan to Combat Trafficking in Human Beings" intends to provide participating States with a comprehensive toolkit to help them implement their commitments to combating THB. It aims to provide participating States with a follow-up mechanism, which will also promote co-ordination between individual participating States, both within the OSCE structures and with other international organizations. The Action Plan adopts a multidimensional approach to combating trafficking in human beings. It addresses the problem comprehensively, covering protection of victims, the prevention of THB and the prosecution of those who facilitate or commit the crime. It provides recommendations as to how participating States and relevant OSCE institutions, bodies and field operations may best deal with political, economic, legal, law enforcement, educational and other aspects of the problem. The Action Plan is further intended to assist participating States in employing these tools by drawing upon existing regional experience gained through the implementation of such concrete initiatives and measures as those undertaken by the Stability Pact Task Force on Trafficking in Human Beings in South Eastern Europe. A comprehensive approach to trafficking in human beings requires a focus on bringing to justice those responsible for this crime, and on carrying out effective measures to prevent it, while maintaining a humanitarian and compassionate approach in rendering assistance to its victims.

  • Combating Human Trafficking: Achieving Zero Tolerance

    Mr. Speaker, I rise to speak regarding U.S. efforts to combat human trafficking.  The U.S. Government now estimates that 600,000 to 800,000 women, children and men are bought and sold across international borders each year and exploited through forced labor or commercial sex exploitation, and potentially millions more are trafficked internally within the borders of countries. Eighty percent of the victims are women and girls. An estimated 14,500 to 17,500 foreign citizens are trafficked into the United States each year.  As Chairman of the Subcommittee on International Operations and Human Rights in the late 1990s, I led an effort to end the scourge of trafficking by sponsoring the Trafficking Victims Protection Act (TVPA), P.L. 106-386, which was signed into law in December 2000. In 2003, I sponsored a reauthorization of that Act which also became law.  These two pieces of legislation created a comprehensive framework for combating trafficking in persons abroad, as well as the trafficking of foreign nationals into the United States. As a result, our government has been a leader in addressing this human rights violation and encouraging other governments to do the same. When I held the first hearing on trafficking, back in 1999, only a handful of countries had laws explicitly prohibiting the practice of human trafficking. Individuals who engaged in this exploitation did so without fear of legal repercussions. Victims of trafficking were treated as criminals and illegal immigrants--governments did not offer them assistance to escape the slavery-like conditions in which they were trapped, and few NGOs were equipped to offer survivors of trafficking the restorative care needed to heal physically, mentally and spiritually from the trauma they experienced. Little was being done to prevent others from being exploited in the same way.  The situation today is remarkably improved. Since taking office, the Bush Administration has devoted more than $295 million to combat trafficking in more than 120 countries. Across the globe, governments are taking action to prevent trafficking, to prosecute the exploiters, and to give hope and restoration to those victimized by trafficking. As Ambassador Miller testified to Congress last summer, between 2003 and 2004, twenty-four countries enacted new laws to combat trafficking. Dozens more were in the process of drafting or passing such laws. Moreover, nearly 8,000 traffickers were prosecuted worldwide and 2,800 were convicted. Shelters have been set up for victims. NGOs and faith communities have reached out to help heal survivors of trafficking.  In order to support the ongoing efforts that have made these gains possible, on February 17, I introduced, along with this Subcommittee's Ranking Member, Rep. Donald Payne, and eight other original co-sponsors, the Trafficking Victims Protection Reauthorization Act of 2005, H.R. 972. This bill would reauthorize appropriations for anti-trafficking programs here and abroad. The bill also offers solutions to a number of specific scenarios in which trafficking is a problem, but which our experience has shown could benefit from additional initiatives. Our witnesses at today's hearing will focus on some of these issues and I will mention just a few here.  For example, drawing lessons from the aftermath of war in the Balkans a decade ago, and the devastating tsunami in South Asia a mere few months ago, foreign policy and humanitarian aid professionals increasingly recognize the heightened vulnerability of indigenous populations in crisis situations to many forms of violence, including trafficking for sexual and labor exploitation. Traffickers also recognize this vulnerability. This bill would focus governmental efforts, particularly by the State Department, the U.S. Agency for International Development, and the Department of Defense, to develop trafficking prevention strategies for post-conflict and humanitarian emergency situations--strategies which do not currently exist in sufficient form.  The bill would also take further steps to ensure that U.S. Government personnel and contractors are held accountable for involvement with acts of trafficking in persons while abroad on behalf of the U.S. Government. Although few would dispute that the involvement of U.S. personnel, including members of the U.S. Armed Forces, with trafficking in persons in any form is inconsistent with U.S. laws and policies and undermines the credibility and mission of U.S. Government programs in foreign countries, there remain loopholes in U.S. laws which allow such acts to go unpunished. This bill closes those loopholes by expanding U.S. criminal jurisdiction for serious offenses to all U.S. Government contractors abroad--jurisdiction which already exists with respect to contractors supporting Department of Defense missions abroad--and by making federal criminal laws against sex and labor trafficking applicable to members of the Armed Forces. The bill would also direct the Secretary of Defense to designate a director of anti-trafficking policies to guide DOD's efforts to faithfully implement policies against trafficking.  The bill would take on the outrageous situation of peacekeepers, humanitarian aid workers, and international organizations' personnel, being complicit in trafficking and sexual exploitation. On March 2nd, I chaired a hearing in this Subcommittee that examined the evidence of gross sexual misconduct and exploitation of refugees and vulnerable people by U.N. peacekeepers and civilian personnel assigned to the U.N. peacekeeping mission in the Democratic Republic of Congo. Human rights groups and the U.N.'s own internal investigations have U.N. covered over 150 allegations against Mission personnel involving sexual contact with Congolese women and girls, usually in exchange for food or small sums of money, as well as allegations of rape, forced prostitution, and demands of sex for jobs. However, to date, there has not been one successful prosecution of U.N. civilian or military personnel, either in the Congo or elsewhere.  The scandal with the U.N. Mission in the Congo is but the latest in a long list of allegations against international peacekeeping personnel involving sex trafficking and other forms of sexual exploitation that extends back at least a decade. The involvement of peacekeepers in trafficking or sexual exploitation is not just a private matter involving only personal moral choices. Hundreds of vulnerable women and children are being re-victimized; the reputation of the United Nations is being badly damaged; and lack of internal discipline is compromising security and effectiveness of the peacekeeping operations.  To his credit, U.N. Secretary General Kofi Annan has promulgated a ``zero tolerance'' policy on sexual exploitation by peacekeepers. In June 2004, NATO also adopted an anti-trafficking policy. But words alone do not protect women and children from abuse. H.R. 972 would require that the Secretary of State certify prior to endorsing an international peacekeeping mission that the international organization has taken measures to prevent and, as necessary, hold accountable peacekeepers in the mission who are involved with trafficking or sexual exploitation. The bill would also require that the annual Trafficking in Persons Report include information on steps taken by international organizations to eliminate involvement of the organizations' personnel in trafficking.  The bill also continues to improve upon the provision of assistance to foreign victims in the United States by improving trafficking victims' access to information about federally funded victim services programs and facilitating access to counsel for victims. The bill would also establish a guardian ad litem program for child trafficking victims of trafficking.  H.R. 972 also recognizes that trafficking in persons occurs within the borders of single countries, including the United States. According to the State Department, if the number of people trafficked internally within countries is added to the estimate, the total number of trafficking victims annually would be in the range of 2,000,000 to 4,000,000. Although outside the jurisdiction of this subcommittee, I would just mention that the bill addresses the trafficking of American citizens and nationals within the United States--which the bill defines as ``domestic trafficking.'' Although there are no precise statistics on the numbers of United States citizens or nationals who have been victimized through trafficking, researchers at the University of Pennsylvania have estimated that 100,000 to 300,000 children in the United States are at risk for commercial sexual exploitation, including trafficking, at any given time.  Despite the willingness of most governments today to address international trafficking, few have recognized the existence of internal trafficking within their own borders. By addressing internal trafficking in a bill that also addresses international trafficking, the United States will again lead by example in showing that internal trafficking victims must not be dismissed by the law enforcement community as prostitutes or juvenile delinquents. This bill would begin to shift the paradigm--much as we have done so successfully in the international arena--to view these exploited souls for what they really are--victims of crime and sexually exploited children.

  • Slovenia’s Leadership of the OSCE

    This hearing examined the challenges facing the Organization for Security and Cooperation in Europe in 2005. New and emerging threats from external actors, including terrorist organizations and rogue regimes, have led the organization to take a greater look at its periphery and seek multilateral responses to issues ranging from terrorist financing to arms proliferation. Issues related to OSCE work were on the agenda of the recent Bush-Putin summit in Bratislava and could impact the organization’s future activity. The testimony of His Excellency Dimitrij Rupel, Foreign Minister of Slovenia and this year’s OSCE Chairman, presented an overview of the wide array of initiatives undertaken by the OSCE regarding issues like human trafficking, organized criminal activity and official corruption, anti-Semitism and other forms of intolerance, human rights violations in countries of Central Asia, and areas of tension or conflict in the Caucasus, the Balkans and elsewhere in the expansive OSCE region. Strategies for continuing to pursue these issues were discussed.

  • Helsinki Commission Leaders Visit Ukraine; Impressed By Government's Efforts on Road to Recovery

    By Orest Deychakiwsky, Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict.

  • Gender Equality: The Problem of Prostitution and Human Trafficking

    Madame Chairperson, I would like to thank the OSCE's Special Representative on the Gender Issue, Ms. Tingsgård, for proposing this topic for discussion in our Committee meeting today. I welcome the opportunity to discuss human trafficking issues in the context of ensuring equality between women and men as well as, specifically, the nexus between prostitution and human trafficking.  The United States Government currently estimates that 600,000 to 800,000 people become victims of international human trafficking each year, and potentially millions more are trafficked within countries. Eighty percent of victims are female; nearly 70% of all victims are trafficked for the purpose of commercial sexual exploitation. These statistics clearly indicate that there is a correlation between trafficking and the status of women, on the one hand, and between trafficking and prostitution, on the other. I will address first the interrelationship between trafficking and prostitution. While prostitution and human trafficking are not identical forms of exploitation, they are nevertheless related. Prostitution fuels the market for human trafficking. Aggressive efforts to reduce the demand for prostitution, therefore, are one means of fighting the underlying demand that fuels trafficking. I would like to highlight several demand reduction measures that we, as parliamentarians, can support through legislation or oversight of government activities. First, anti-prostitution laws and child sexual exploitation laws should be vigorously enforced against the purchasers of sexual services. As the Swedish Government has found, trafficking in human beings could not flourish but for the existence of local prostitution markets where men are willing and able to buy and sell women and children for sexual exploitation. Since 1999, Sweden has aggressively prosecuted men who purchase commercial sex acts. According to the Swedish Government, since the Act Prohibiting the Purchase of Sexual Services came into force there has been a dramatic drop in the number of women in street prostitution, in the number of men who buy sexual services, and in the recruitment of women into prostitution. Moreover, traffickers have been deterred from operating in Sweden--traffickers have had problems finding men to buy sex from the trafficked women and, as a result, their profits have been smaller than they expected. The traffickers seemingly have moved on to more lucrative markets. A second demand reduction measure is to prevent sex tourism. It is a sad fact that some men purchase sex acts when they travel for business purposes. Others purposefully go abroad to purchase sex acts under the assumption that they will less likely be caught and arrested. In an effort to curb such "sex tourism," which often involves the sexual abuse of children, thirty-two countries now have laws allowing for the prosecution of their citizens for crimes committed abroad. Since April 2003, U.S. law has allowed for the prosecution, in United States courts, of Americans who travel abroad and sexually abuse children. The penalty is up to thirty years in prison. Since the law's enactment, ten men have been arrested for engaging or attempting to engage in child sex tourism. Another demand reduction measure is to support education programs for men who are arrested for soliciting commercial sex acts. Such programs, known as John Schools, are being run successfully in the United States and Canada. This approach is complementary to enforcement of anti-solicitation laws against purchasers because it moves the men into programs designed for intervention and rehabilitation. The programs educate men, often in very graphic terms, about the harm their behavior causes to women, children, families, and communities. The first time a man is arrested for soliciting, he is offered the opportunity to attend such a program in lieu of being criminally charged. Men who attend the program pay an administrative fee that is funneled by the government back into programs to help women get out of prostitution. The John School run in San Francisco reports a recidivism (re-arrest) rate of less than one percent for the men who attend the school. One approach that does not work to reduce human trafficking is legalizing or regulating the prostitution industry. Legalization enables traffickers and creates multiple venues for exploitation. In recent years, several European countries have legalized brothels in the name of fighting human trafficking. There have been, and currently are, legislative proposals in other OSCE countries to do the same. I urge you to consider the evidence very carefully before making such a choice. Legalization of prostitution expands the market for commercial sex, thereby opening markets for criminal enterprises and creating a legal façade behind which criminals who traffic people for prostitution can easily hide. Despite the existence of legal regulations on prostitution, organized crime groups will not register with the government, will not pay taxes, and will not protect the women and children they buy, sell and exploit. Legalization of the sex industry simply makes it easier for the criminal elements to blend in and makes it more difficult for law enforcement authorities to identify and punish the traffickers. In the United States, federal prosecutors have told us that traffickers already hide their trafficking activities under cover of the legal strip club industry in the United States and that the situation would only be worse if the prostitution industry were legalized. Another reason to oppose legalized prostitution is that such an approach fails to address the core problem with prostitution: the abuse, violence, and degradation of those caught in its web. Few activities are as damaging to a person's physical, mental and spiritual health as prostitution. Research conducted in nine countries, including Canada, Germany, Turkey and the United States indicates that 89% of women in prostitution want to leave prostitution. Another study in Indonesia, Malaysia, the Philippines, and Thailand found that 96% of the women want to leave. The nine country study also concluded that 60-75% of women in prostitution suffered rape, 70-95% suffered physical assaults, and 68% suffered from post-traumatic stress disorder. A study in Minnesota found that 46% of the women in prostitution had attempted suicide; another found that 65% of prostituted women had attempted suicide, and 38% had done so more than once. In addition, individuals in prostitution are at tremendous risk of contracting sexually transmitted and other serious communicable and often life-threatening diseases. No amount of state licensing requirements, regulated medical check-ups, or condom use will ever eliminate these threats to women and children being exploited in prostitution. But I would argue that the primary reason to be opposed to legalized prostitution is that women and girls deserve better. As I stated in the beginning, eighty percent of trafficking victims are female--adults and children. These statistics highlight that there is a dimension to the problem of human trafficking that has nothing to do with organized crime or even prostitution. The status of women and girls is central to this entire battle against trafficking. Women who are tricked, defrauded, or coerced into prostitution via trafficking certainly do not deserve to be abandoned in a legalized sex industry. But equally so, women who on their own became engaged in prostitution, whether they are trafficked as a part of that experience or not, more often than not made this choice out of economic desperation and often as a result of having been earlier victimized through physical and sexual abuse in their homes. Women deserve real responses to these problems. A State that responds to such women by saying that they can work legally in the sex industry has provided a response that leads only to further exploitation and abuse. Legalization is abandonment of the vulnerable. As we continue our efforts to combat human trafficking, I urge a greater focus on the human rights violations that make women economically vulnerable, more likely to engage in prostitution, more likely to consider migration, and thus more likely to be preyed upon by traffickers. Specifically, I am referring to physical and sexual violence against women and children which is all too often ignored by legal systems and downplayed by law enforcement authorities. I am also referring to unchallenged discrimination in educational systems and the economic marketplace that contributes to women's missed opportunities and economic distress. These and other violations of the human rights of women can result in more women being victimized through trafficking. The solutions lie in reforms like equal access to the classroom, micro-credit loans, equal pay for equal work, enforceable laws against sex, race and age discrimination, and more robust governmental responses to violence against women. These solutions can begin with actions at the legislative level and are badly needed in many OSCE states. Thank you, Madame Chairperson, for allowing us this time to discuss these important issues.

  • Introduction of the Trafficking Victims Protection Reauthorization Act of 2005

    Mr. Speaker, today I am introducing the Trafficking Victims Protection Reauthorization Act of 2005, which is intended to improve the United States' efforts in combating the scourge of human trafficking. I am pleased to be joined as original cosponsors by Representative LANTOS, Ranking Member of the International Relations Committee, Representative Payne, Ranking Member of the International Relations Subcommittee on Global Human Rights, International Operations and Africa, Majority Whip Representative Blunt, Commerce, Justice, State Appropriations Committee Chairman Representative Wolf, Helsinki Commission Ranking Member Representative Cardin, Representative Ros-Lehtinen, Chair of the International Relations Subcommittee on Middle East and Central Asia, and Representatives Pence, Pitts, and Faleomavaega.  Mr. Speaker, the U.S. Government now estimates that 600,000 to 800,000 women, children and men are bought and sold across international borders each year and exploited through forced labor or commercial sex exploitation. An estimated 80 percent of the victims of this barbaric trade are women and girls.  Congress and President Bush have demonstrated unprecedented international leadership in combating human trafficking through enactment of the Trafficking Victims Protection Act of 2000 (TVPA) and the Trafficking Victims Protection Reauthorization Act of 2003. Since taking office, the Bush Administration has devoted more than $295 million to combat trafficking worldwide.  Under the framework of the TVPA, the United States Government's efforts to combat trafficking in persons have focused primarily on international trafficking in persons, including the trafficking of an estimated 14,500 to 17,500 foreign citizens into the United States each year.  Across the globe, governments are taking action to prevent trafficking, to prosecute the exploiters and to give hope and restoration to those victimized by trafficking. Between 2003 and 2004, twenty-four countries enacted new laws to combat trade in human lives. Dozens more are in the process of drafting or passing such laws. Moreover, nearly 8,000 traffickers were prosecuted worldwide and 2,800 were convicted. This bill would support the ongoing efforts that have made these gains possible by reauthorizing appropriations for anti-trafficking programs here and abroad.  The bill also offers solutions to a number of specific scenarios in which trafficking is a problem, but which would benefit from additional initiatives. For example, drawing lessons from the aftermath of war in the Balkans a decade ago, and the devastating tsunami in South Asia a mere few months ago, foreign policy and humanitarian aid professionals increasingly recognize the heightened vulnerability of indigenous populations in crisis situations to many forms of violence, including trafficking for sexual and labor exploitation. Traffickers also recognize this vulnerability. This bill would focus governmental efforts, particularly by the State Department, the U.S. Agency for International Development, and the Department of Defense, to develop trafficking prevention strategies for post-conflict and humanitarian emergency situations, strategies which do not currently exist in sufficient form.  The bill would also take further steps to ensure that U.S. Government personnel and contractors are held accountable for involvement with acts of trafficking in persons while abroad on behalf of the U.S. Government. Although few would dispute that the involvement of U.S. personnel, including members of the U.S. Armed Forces, with trafficking in persons in any form is inconsistent with U.S. laws and policies and undermines the credibility and mission of U.S. Government programs in foreign countries, there remain loopholes in U.S. laws which allow such acts to go unpunished. This bill closes those loopholes by expanding U.S. criminal jurisdiction for serious offenses to all U.S. Government contractors abroad--jurisdiction which already exists with respect to contractors supporting Department of Defense missions abroad--and by making federal criminal laws against sex and labor trafficking applicable to members of the Armed Forces and others subject to the Uniform Code of Military Justice. The bill would also direct the Secretary of Defense to designate a director of anti-trafficking policies who would guide DOD's efforts to faithfully implement applicable policies against trafficking.  The bill would also take on the outrageous situation of military and civilian peacekeepers, humanitarian aid workers, and international organizations' personnel, from complicity in trafficking and sexual exploitation in connection with international peacekeeping operations. To cite but the most recent examples of this, in December, United Nations Secretary General Kofi Annan admitted that U.N. peacekeepers and staff have sexually abused or exploited war refugees in the Democratic Republic of Congo. Among the 150 or so allegations of misconduct are instances of sexually abusing children, rape, and prostitution. On January 28, a senior official with the U.N. High Commissioner for Refugees was arrested for sexual abuse of minors and trafficking in Kosovo. The long list of allegations against international peacekeeping personnel involving sex trafficking and other forms of sexual exploitation extends back at least a decade and yet the United Nations and most other international organizations have failed to take sufficient action to end this abuse.  To his credit, Kofi Annan has promulgated a “zero tolerance” policy on sexual exploitation by peacekeepers. But words alone do not protect women and children from abuse. Earlier this week, President Bush asked Congress for $780,000,000 to pay for contributions to international peacekeeping activities this fiscal year. He has requested more than $1 billion for next year. Prior to writing this check, the bill I am introducing would require that the Secretary of State no longer accept words alone as evidence that the United Nations, NATO, and other multilateral organizations are taking seriously the responsibility to address trafficking and exploitation by peacekeepers. The bill would require that the Secretary of State certify, prior to endorsing an international peacekeeping mission, that measures have been taken to prevent and, as necessary, hold accountable peacekeepers in the mission who are involved with trafficking or illegal sexual exploitation.  In addition to a host of other measures to address trafficking overseas and to aid foreign victims in the United States, the bill also recognizes that trafficking in persons occurs within the borders of single countries, including the United States. According to the State Department, if the number of people trafficked internally within countries is added to the estimate, the total number of trafficking victims annually would be in the range of 2,000,000 to 4,000,000.  This bill would address the trafficking of American citizens and nationals within the borders of the United States--which the bill defines as “domestic trafficking.” There are no precise statistics on the numbers of United States citizens or nationals who have been victimized through trafficking, but there is great reason for concern. It is well documented, for example, that runaway and homeless children are highly susceptible to trafficking for commercial sexual exploitation. Every day in our country, between 1,300,000 and 2,800,000 runaway and homeless youth live on the streets. Researchers at the University of Pennsylvania have estimated that 100,000 to 300,000 children in the United States are at risk for commercial sexual exploitation in the United States, including trafficking, at any given time.  To date, U.S. victims of trafficking for sexual exploitation have been dismissed by the law enforcement community, particularly at the State and local levels, as prostitutes. Child victims are dealt with as juvenile delinquents. This bill would begin to shift the paradigm--much as we have done so successfully in the international arena--to view these exploited souls for what they really are--victims of crime and sexually exploited children.  The bill I am introducing would begin the process of developing a comprehensive strategy to prevent the victimization of U.S. citizens and nationals through domestic trafficking. It would require the Department of Health and Human Services (HHS) to undertake a study and then a program to reduce the demand for commercial sex acts in the United States, which in turn fuels trafficking for the purpose of commercial sexual exploitation. The bill would also authorize HHS to make grants to expand services to victims of domestic trafficking, with a priority for NGOs with experience in caring for victims of commercial sexual exploitation.  NGOs who work with trafficked children in the United States have indicated time and again that a lack of housing options for such children is a debilitating impediment to providing effective rehabilitative and restorative help. In response, this bill would require HHS to carry out a pilot program for residential treatment facilities for minor victims of domestic trafficking and authorizes the appropriation of $10,000,000 over 2 years for this purpose.  The bill would ensure that communities in the United States are fully informed about the presence of sex offenders in those communities. The bill would require that state sex offender registries include convictions in foreign court of a sexually violent offense, or a criminal offense against a child victim. The bill would also enhance State and local efforts to combat trafficking through a grants program to encourage the investigation and prosecution of domestic trafficking cases and the development of collaboration between law enforcement agencies and nongovernmental organizations.  The Trafficking Victims Protection Reauthorization Act of 2005 would address these and many other areas of concern, would authorize funding to continue our government's efforts against trafficking, and would build upon the experience of implementing the TVPA to refine U.S. laws and practices to better fulfill the intent of that law.  Mr. Speaker, the Trafficking Victims Protection Act of 2000 and its reauthorization in 2003 enjoyed bi-partisan support in both Houses of Congress. I strongly urge my colleagues to support this bill and enhance the good work underway to combat international trafficking in persons and to ensure that our government's response to all who are victimized by trafficking, whether foreign citizens or United States citizens, is one of deep compassion.

  • Democratic Change in Ukraine Provides a Backdrop of Success at the 12th OSCE Ministerial

    By Elizabeth Pryor, Senior Advisor The twelfth Ministerial Council Meeting of the Organization for Security and Cooperation (OSCE) took place in Sofia, Bulgaria, December 6-7, 2004.  The United States Delegation was led by Secretary of State Colin Powell.  Rep. Alcee L. Hastings, who is a Helsinki Commissioner, headed the delegation of the OSCE Parliamentary Assembly in his role as President of that body.  Secretary Powell noted that the United States “bases its faith in the OSCE’s future not just on past successes, but on the significant contributions this pioneering organization is making today,” citing among other achievements the preparation of landmark elections in Georgia and Afghanistan. Congressman Hastings spoke of the important work of the Parliamentary Assembly in promoting democracy, in fighting terrorism and in election monitoring, and called for more OSCE involvement in the Caucasus and Central Asia.  He concluded:  “The OSCE has enormous potential to help Europe and the world to become places of peace, stability and co-operation….the world will be more dangerous without it.” During the meeting ministers strengthened their commitment to use the organization to fight terrorism, taking several decisions that make it more difficult for terrorists to operate in the region.  They also encouraged OSCE participating states to adopt measures to fight corruption, including ratification of the UN Convention against Corruption.  They underscored the important political role of the OSCE Secretary General, gave impetus to the implementation of earlier decisions on promotion of equal opportunity for women and men, and reiterated their commitment to combat racism, xenophobia and anti-Semitism. They also pushed for quicker and better implementation of OSCE methods of eliminating stockpiles of conventional armaments and ensuring proper export documents for small arms and light weapons. New agreements to protect child victims and more vigorous attention to penalizing sex tourists, and other individuals who prey on children, enhanced earlier OSCE actions to counter human trafficking.  Ministers also agreed to augment activities that would address economic instability, through the organization’s Economic Forum. In addition, ministers welcomed the intention of the OSCE Chairman to appoint three distinguished personal representatives to combat discrimination and promote tolerance. This decision stemmed from significant meetings during the previous years which registered OSCE concern at growing instances of intolerance, some of them acts of violence.  The Bulgarian chairmanship subsequently appointed Anastasia Crickley of Ireland as the special representative to combat racism, xenophobia and discrimination; Gert Weisskirchen of Germany as the special representative to combat anti-Semitism; and Ömür Orhun of Turkey to be special representative to combat intolerance and discrimination against Muslims.      The measures taken to reduce the ability of terrorists to function in the region are especially significant. Ministers pushed to complete an agreement on comprehensive and uniform standards for border security; new methods of information exchange about the use of the Internet by terrorists–including an international meeting by experts; strong coordination with other international organizations to ensure the security of shipping containers; and a harmonized method for relaying and compiling information on lost and stolen passports through Interpol.  If agreed within the next year, as ministers hope, and implemented vigorously, collectively these decisions can dramatically curb the ability of terrorists to move people and weapons easily and change identities without detection. Texts of all of the decisions can be found at www.osce.org. *   *   *   *   * Negotiation at Sofia was difficult.  A U.S. proposal to extend and augment the provisions of a June 2004 NATO anti-trafficking plan failed to be agreed.  A Russian-proposed text that would have changed the perimeters of OSCE election monitoring was also blocked. No joint statement of the ministers could be concluded.  An important decision to extend the mandate of the OSCE Border Monitoring Operation in Georgia was not agreed. In all of these negotiations, the Russian Federation was isolated, either in its demands, or in its refusal to join consensus. Secretary of State Powell and Russian Foreign Minister Sergei Lavrov openly disagreed in their interventions about the validity of OSCE operations in the former Soviet Union.  Secretary Powell took issue with Lavrov’s assertion that OSCE’s focus on the region was disproportionate, pointing out that the United States has used the organization to discuss its own difficulties, including the abuse of detainees in U.S. custody in Iraq.  There is a long history of such disagreements within the OSCE. One need only look at the negotiating record of the original Helsinki Accords to note the seemingly insurmountable gulf that existed in 1975. At that time negotiations were complicated by disputes between the West and the then-powerful neutral and non-aligned nations, as well as between East and West. Those talks took place in an atmosphere of a near-zero diplomatic interaction between many of the countries. Yet skillful negotiation and a larger vision won the day.  Over the years the Helsinki process has witnessed stand-offs over the status of fixed–wing aircraft in the negotiations on Conventional Armed Forces in Europe (CFE); over development of new standards for media freedom; on the creation of the field missions for which it is now so celebrated; on the division of roles in election monitoring and hundreds of other issues. Indeed, one of the hallmarks of the organization is that it assumes strong disagreement among the participating States. The glory of the OSCE is that it has not seen this as an obstacle to progress, but has always kept its dialogue open and lively and found creative ways to search for common ground.  Those debating today’s issues should find the successful negotiations of the past both encouraging and instructive. In the wake of Russian intransigence, a number of newspaper comments and internal accounts of the ministerial meeting have been unduly pessimistic, with some commentators even extrapolating about the near demise of the OSCE. The disappointment seems to center on the inability of the 55-nation organization to agree to the joint statement that traditionally concludes these meetings. The fate of the highly effective Border Monitoring Operation is of real concern and should be the object of concerted, expert diplomacy by all OSCE States.  But the vitality of the OSCE is not in question, and it is striking that such an array of senior observers has limited its definition of relevancy to an almost invisible statement, the kind that in today’s diplomatic world has decreasing impact or shelf-life.  Perhaps it would have been better if those in Sofia had agreed to a joint statement, but it is largely irrelevant that they did not. For, over the past few years, the OSCE has seen stunning proof of its true relevance:  the influence of its agreed standards of conduct and its continuing ability to inspire those who are courageous enough to fight for democracy and then make it stick. This year’s Sofia meeting was dominated by Ukraine’s remarkable democratic ferment.  In Sofia, negotiations took place against a backdrop of the Ukrainian people embracing systems of liberty and justice.  Just as evident was the ineffectiveness of the oligarchs, petty tyrants and reactionary ideologues who had tried to stifle this heady movement.  The excitement and optimism were palpable as the news reports – first of the crowds in Independence Square, then the courageous actions in the parliament and courts – came filtering into Sofia’s old communist Hall of Culture, itself a symbol of the OSCE’s ability to effect positive change. There is no doubt that the events of these historic weeks owed much to three decades of the OSCE’s tireless and patient work.  First, the Helsinki process eroded the bulwark of communism; then through its mission in Ukraine and its support of many valiant NGOs, it persistently promoted the rule of law and free processes over the false security of re-emergent authoritarianism.  If it all seemed a little familiar, it was because the 2003 Maastricht ministerial meeting was colored by a similar public demand for democracy in Georgia, also a product of OSCE’s influence and persistence. And, four years ago, we welcomed another electoral surprise as Serbia’s citizens demanded the right to a valid election and a future that they themselves would determine. All of these developments are very heartening.  They attest to the indomitable will of people everywhere to live in freedom and of the important way OSCE principles support them.  The continuing quest for democracy in Europe is the true measure of the OSCE’s success.  No anodyne statement, no “family photo” of beaming foreign ministers, could possibly illustrate the OSCE’s importance as have these real and hopeful events. That the OSCE remains the major player in promoting European unity and security is also apparent in the rhetoric of some leaders who want to sabotage its work.  Notable among them are Alexandr Lukashenko, the autocrat in Belarus, who openly resists fulfilling the commitments made freely by his country, and Sparmurat Niyazov, who holds Turkmenistan under dictatorial rule. Unfortunately, others are following in this path, Vladmir Putin among them.  These increasingly authoritarian leaders see that the high principles of the Helsinki Accords can motivate people to demand their rights and thus discourage selfish governmental policies and foreign adventurism.  They want to thwart OSCE influence precisely because it stands in the way of backsliding toward the uncontrolled exercise of personal power.  Ironically, their refusal to cooperate on OSCE policies that continue the forward momentum toward freedom only serve to point up just how successful the organization has become. As it moves to celebrate the 30th anniversary of the signing of the Helsinki Accords the OSCE has much to be proud of.  But it also has a great deal of work ahead of it.  The participating States of the organization must be certain that they continue to stabilize both borders and the democratic institutions of Georgia.  Unresolved conflicts continue to fester in Moldova and Nagorno-Karabakh, and the situation in Kosovo remains fragile and tense.  Human rights are jeopardized in much of Central Asia, with the OSCE often the lone voice in their defense.  Several states have crossed the line into totalitarianism.  Well-established democracies, including the United States, need to be eternally vigilant, lest we take our fundamental freedoms for granted and allow our high ideals to be eroded.  None of this is evidence of OSCE ineffectiveness, but of our continuing need for its guidance.  The process of promoting human rights is continual.  It is essential that the OSCE is there to remind us that we must never become complacent. Among the most important decisions the OSCE took at Sofia was the reassertion of the important political role of the organization’s Secretary General.  The Helsinki Commission hopes that this year, when a new Secretary General will be selected, participating States will choose a strong individual, a person of proven and inspirational leadership and managerial excellence.  OSCE ministers also chose to appoint a panel of eminent persons to advise on any directional adaptation that may help strengthen the organization.  Once again, members of the Helsinki Commission trust that people with innovative ideas and recent expertise will be chosen.  One fitting recommendation that could be made by the panel would be to call a review conference to evaluate the vitality of organizational structures and the commitment of its participating States.  There is a long tradition of this kind of self-assessment at the OSCE and such a move would be especially appropriate in the anniversary year.  It would also address the call made by several states to take a comprehensive look at the future work of the OSCE. All European institutions play important roles for ensuring the security of the region.  Yet, OSCE remains the most agile instrument for promoting our dearest and most enduring values.  It is not about quick fixes or flashy actions, but works slowly over the long term to create true stability and cooperation.  Other institutions may also help motivate nations to take a path compatible with democracy.  But only the OSCE has the inclusivity, the agreed values and the presence on the ground to get them over the finish line. Sofia a failure for lack of a joint communiqué?  No, not at all.  If you are looking for a “statement” of the OSCE’s vitality, read it in the faces on Independence Square in Kiev; in the recent history of Slovenia, its incoming Chairman; and in the fear with which it is regarded by those who would wield disproportionate power over their citizens.

  • Helsinki Commission, House Armed Services Committee Examine Trafficking in Persons

    On September 21, 2004, the Commission on Security and Cooperation in Europe (Helsinki Commission) and the House Armed Services Committee (HASC) held a joint Issue Forum entitled “Enforcing U.S. Policies Against Trafficking in Persons: How is the U.S. Military Doing?” The Issue Forum examined the Department of Defense’s (DoD) implementation of a zero-tolerance policy toward human trafficking, the role of uniformed Service members and contractors in facilitating trafficking, as well as leadership and readiness issues. The Forum was co-chaired by Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Armed Services Committee Chairman Rep. Duncan Hunter (R-CA). Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) and Commissioners Senator Hillary Rodham Clinton (D-NY) and Rep. Mike McIntyre (D-NC) attended the forum, as well as several members of the Armed Services Committee. Briefing on behalf of the Administration were Charles S. Abell, Principal Deputy Under Secretary of Defense for Personnel and Readiness; General Leon J. LaPorte, Commander of United States Forces Korea; Joseph E. Schmitz, Inspector General for the Department of Defense; and Ambassador John R. Miller, Director of the Office to Monitor and Combat Trafficking in Persons at the U.S. Department of State. A panel of non-governmental witnesses consisted of Dr. Sarah Mendelson, a Senior Fellow in the Russia and Eurasia Program at the Center for Strategic and International Studies; and Martina E. Vandenberg, an attorney with Jenner and Block and a former researcher for Human Rights Watch. Congressional attention to the military’s role in addressing trafficking ignited in March 2002 when Cleveland, Ohio Fox News affiliate WJW-TV aired a report showing U.S. troops in South Korea patronizing bars and other establishments where women from the Philippines and former Soviet states were forced to prostitute themselves. Members of Congress called for the Pentagon to investigate the veracity of the allegations as well as the appropriateness of the U.S. military's policies and response to prostitution and human trafficking worldwide. DoD Inspector General Joseph E. Schmitz subsequently conducted inspections in South Korea, Bosnia and Herzegovina, and Kosovo and issued two reports, in July 2003 and December 2003, respectively, which identified institutional weaknesses in the U.S. military’s understanding and response to the crime of human trafficking and made concrete recommendations for action. In his opening remarks, Chairman Smith noted that while the coexistence of prostitution alongside large populations of military forces is neither a new problem, nor a uniquely American problem, in recent years numerous sources have documented that in certain locations, such as South Korea and Southeastern Europe, women and girls are being forced into prostitution for a clientele consisting largely of military service members, government contractors, and international peacekeepers. According to Smith, “the need for a strategy to prevent the emergence of prostitution and human trafficking in post-conflict areas is made abundantly clear by the experiences in Bosnia-Herzegovina and Kosovo, [where] prostitution and human trafficking were allowed to develop and thrive due to the arrival of large numbers of multi-national personnel involved in post-conflict reconstruction and peacekeeping.” In both places, peacekeepers involved with trafficking have faced mere repatriation as a sanction for their unlawful actions. “We need to close the legal loopholes that allow this to happen,” said Smith. The Department of Defense’s obligation to address human trafficking originated with the issuance of a National Security Presidential Directive (NSPD-22) by President George W. Bush in December 2002. NSPD-22 established a zero-tolerance policy on involvement in trafficking activities by U.S. Government employees and contractor personnel representing the United States abroad. In January 2004, Deputy Secretary of Defense Paul Wolfowitz issued an internal memorandum which stated, in pertinent part: [I]t is the policy of the Department of Defense that trafficking in persons will not be facilitated in any way by the activities of our Service members, civilian employees, indirect hires, or DoD contract personnel. Following the policy set by the Commander-in-Chief, DoD opposes prostitution and any related activities that may contribute to the phenomenon of trafficking in persons as inherently harmful and dehumanizing. The policy statement outlined objectives of DoD efforts to combat trafficking in persons, including (1) educating Service members and DoD civilians serving overseas about human trafficking; (2) increasing efforts by command and military police authorities worldwide to pursue indicators of trafficking in persons in commercial establishments patronized by DoD personnel; (3) incorporating clauses in overseas service contracts that prohibit contractor employees from supporting or promoting trafficking in persons; and (4) developing a method for evaluating DoD’s efforts to combat trafficking in persons. On September 16, 2004, Secretary of Defense Donald Rumsfeld issued additional guidance to military leaders indicating that he expects the problem of trafficking—both sex and labor trafficking—to be addressed. Rumsfeld’s memorandum placed greater emphasis on the problem of labor trafficking than had the earlier memorandum from Deputy Secretary Wolfowitz. In particular, Rumsfeld indicated that “Commanders need to be vigilant to the terms and conditions of employment for individuals employed by DoD contractors. . . . Trafficking includes involuntary servitude and bondage. These trafficking practices will not be tolerated in DoD contractor organizations or their subcontractors in supporting DoD operations.” Ambassador John R. Miller, Director of the State Department’s Office to Monitor and Combat Trafficking in Persons, opened the testimony at the Issue Forum by describing trafficking, inter alia, as a national security challenge which “relates to the task facing our military because they are trying to create secure, stable situations in several countries.” Miller explained that the demand for sex trafficking “is created by the so-called customers” and stated that “historically, when you have national forces going from one country to another this leads to increased prostitution and increased trafficking in the number of slave victims.” Miller emphasized the need to educate people who might patronize prostitutes that, according to research, “most of the people they are ‘patronizing’ are likely to be victims of trafficking: raped, assaulted, abused, waiting to escape.” Coordinating DoD’s anti-trafficking initiatives is currently the responsibility of Charles Abell. At the Forum, Abell described DoD’s zero-tolerance policy as “a policy of command responsibility to recognize, prevent, and to assist local law enforcement when it comes to trafficking in persons in any way, shape or form.” According to Abell, DoD’s anti-trafficking training program for Service members, DoD civilian personnel and contractors would be put into operation by November 1, 2004. An online version will be available by January 2005. Commissioner Cardin asked for clarification of the meaning of the “zero-tolerance” policy, given that U.S. troops are often stationed in countries with legalized prostitution. He also expressed skepticism that troops could distinguish between prostitution and trafficking. Mr. Abell responded that the zero-tolerance policy included prostitution and trafficking, and that those caught patronizing prostitution or otherwise supporting sex or labor trafficking would be held accountable. He noted that an amendment to the Uniform Code of Military Justice (UCMJ) has been proposed that would clarify the legal basis upon which a Service member can be prosecuted, under the UCMJ, for patronizing a prostitute. The proposed amendment was placed in the Federal Register on September 15, 2004. DoD Inspector General Schmitz’ testimony did not focus on the details of his human trafficking assessment reports in South Korea and Southeastern Europe. Rather he noted the tools available for combating trafficking within the DoD and the lessons learned in the course of his assessments. Among those lessons, according to Schmitz, is that “among the root causes of the recent resurgence of human trafficking, aside from the obvious profit motive of organized criminals is a general reluctance of leaders at all levels to promulgate and to enforce principle-based standards for subordinates who create the demand for prostitution, generally, and for sex slavery, specifically.” General Leon J. LaPorte, Commander of United States Forces Korea (USFK), testified that subsequent to the Fox News affiliate’s report and the Inspector General’s investigations, United States Forces Korea had adopted a “zero tolerance” approach to human trafficking which applies to the approximately 33,000 Soldiers, Sailors, Airmen, Marines and 5,000 Department of Defense civilians and contract employees currently serving in South Korea. The South Korean Government estimates that the commercial sex industry in South Korea is worth $22 billion per year and involves an estimated 330,000 women—10,000 of whom are foreigners. General LaPorte described an anti-trafficking strategy of “awareness, identification, reduction, along with continued interaction with the Korean Government and law enforcement agencies.” DoD personnel are briefed about the crime of human trafficking and the zero-tolerance policy upon arriving in South Korea and during subsequent leadership schools and training events. Armed forces radio and television stations in Korea also air public service announcements to inform U.S. personnel about USFK’s anti-trafficking policies. Since January 2003, more than 400 Service members in Korea have been prosecuted or otherwise disciplined for solicitation and related offenses such as curfew violations and trespassing in posted off-limits areas. USFK’s other initiatives include a 24-hour hotline operating in tandem with the Korean national police hotline and a women’s crisis center to receive reports of suspected prostitution or human trafficking activities. Other efforts include a renewed focus on providing alternatives to off-post entertainment areas near U.S. military facilities, such as high-speed Internet and cable access to military barracks and a volunteer program within the local community. LaPorte explained an improved process for identifying establishments that are suspected of complacency in prostitution and human trafficking, and their subsequently being declared off limits to U.S. personnel. More than 600 bars, restaurants and clubs have been placed off limits. Offending business owners are subject to specific and extensive corrective actions in order to regain patronage of USFK personnel or their family members. Significantly, LaPorte testified that the uniformed personnel who patrol nightly in the districts associated with U.S. military facilities in Korea have been trained to identify indicators of prostitution and trafficking and are now directed to report suspicious activities. Such training was initiated in response to the 2002 WJW-TV report which captured on video uniformed soldiers on “courtesy patrols” who spoke nonchalantly of foreign women forced to work or prostitute themselves in local establishments. The soldiers advised the undercover reporter on negotiating for sex in such establishments and gave no indication that they felt obliged to report the presence or activities of these women to their chain of command. Opening the second panel, Dr. Sarah Mendelson acknowledged that adoption of an anti-trafficking policy for DoD is potentially an important step in addressing the involvement of uniformed Service members and civilian contractors with trafficking. Her testimony, however, focused on potential difficulties implementing this policy based on the findings of her research on the trafficking of women and girls to the Balkans and the role of international peacekeepers. A research report by Mendelson will be published in early 2005. According to Dr. Mendelson, “many uniformed Service members, civilian contractors, as well as civil servants, tend to deny the links between trafficking and peacekeeping deployments, fail to understand the security implications of human rights abuse and support of organized crime, and tend to conflate trafficking with legalized prostitution.” Citing several specific examples, Mendelson indicated that the lack of awareness and misperceptions about trafficking are so widespread as to inhibit effective implementation of the zero-tolerance policy. Mendelson recommended that DoD allocate “significantly more resources, organization and leadership” in order to effectively change the pervasive attitudes and an organizational culture which fail to recognize trafficking in persons for sexual or labor exploitation as relevant to the military. She specifically recommended that DoD’s efforts to combat human trafficking be centralized in one office directed by a Deputy Assistant Secretary of Defense. She recommended further that Secretary Rumsfeld appoint a panel of external advisers to assist DoD in implementing its anti-trafficking policies and that DoD conduct a comprehensive awareness campaign on the issue of human trafficking. Ms. Vandenberg’s testimony drew on a report that she wrote for Human Rights Watch in 2002, entitled “Hopes Betrayed: Trafficking in Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution.” At that time there were eight documented cases of U.S. Government contractors implicated in human trafficking—four of whom were DoD contractors. Vandenberg suggested that there are likely more cases, but that because investigators have not been trained or instructed to investigate trafficking offenses, many instances have likely gone undocumented. Human Rights Watch did not find evidence of U.S. Service members involved in trafficking-related activities in Bosnia. Ms. Vandenberg noted numerous concerns with DoD’s implementation of NSPD-22, including that “there is still no contractor accountability . . . the Department of Defense has not yet incorporated a condition into existing contracts permitting termination of grants if the contractor engages in trafficking,” as required by the Trafficking Victims Protection Act of 2003. She also noted the absence of evaluation programs and benchmarks to measure adherence to the zero-tolerance policy. While praising the policy statements made by Secretary Rumsfeld and Deputy Secretary Wolfowitz regarding trafficking, Ms. Vandenberg concluded that “DoD’s actions at this point do not match this ambitious rhetoric.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

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