Title

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

Monday, May 07, 2018
3:00pm
Russell Senate Office Building, Room 485
Washington, DC
United States
Joint Briefing with the Congressional Trafficking Caucus
Official Transcript: 
Members: 
Name: 
Representative Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Moderator(s): 
Name: 
Allison H. Parker
Title Text: 
General Counsel
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Michael “Mick” McKeown
Title: 
Blue Campaign Executive Director
Body: 
U.S. Department of Homeland Security
Name: 
Tracey Breeden
Title: 
Director of Safety Communications
Body: 
Uber
Name: 
Nancy Rivard
Title: 
Founder and President
Body: 
Airline Ambassadors
Name: 
Carol Smolenski
Title: 
Executive Director
Body: 
End Child Trafficking and Pornography (ECPAT), USA
Name: 
Craig Kalkut
Title: 
Vice President of Government Affairs
Body: 
American Hotel & Lodging Association
Name: 
Nick Shapiro
Title: 
Global Head of Trust & Risk Management
Body: 
Airbnb

Traffickers move trafficking victims on airplanes, buses, trains, and taxis—frequently relocating to avoid detection by law enforcement and to chase big markets, like major sporting events and vacation destinations. Hotels, often unknowingly, sell rooms to traffickers for exploitation. 

Over the last decade, transportation and hotel professionals have recognized the role they can play on the front lines of identifying potential trafficking victims. Many organizations work alongside NGOs and the Departments and Homeland Security and Transportation to ensure that their employees are ready to respond to, rather than look away from, victims in plain sight. 

However, some companies have been slow to join the fight. Legislation pending in Congress will require hotels and airlines to train their employees to spot and report signs of trafficking before the companies can become eligible to win government contracts. More decentralized systems of travel and tourism—such as Airbnb and Uber—may need new frameworks to ensure that their systems do not become the preference of traffickers on the move.

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

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

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

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

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

  • Austrian Chairmanship Achieves Consensus for Human Trafficking Prevention

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

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

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

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

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

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

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

  • Trafficked: Untangling the Bonds of Modern Slavery

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

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

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

  • Preventing Modern Slavery through Education of Children

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. As traffickers seek to lure adolescents into exploitation, holistic anti-trafficking education of teachers and children directly in schools is emerging as a critical tool to fight modern day slavery across the OSCE region.  Education has long been used in the prevention of human trafficking, the first of “3 Ps”—prevention, prosecution, and protection—around which most of the OSCE participating States have structured their laws to combat trafficking in human beings.  For instance, embassies and consulates include trafficking warnings and trafficking hotlines in information to individuals seeking visas, especially those individuals coming to be domestic servants. Tourists are educated in airports about the legal penalties of sexually exploiting vulnerable children.  Flight attendants and hotel operators are trained in how to recognize and safely report potential trafficking victims. Members of the law enforcement community are educated in the procedures for identifying trafficking victims among migrant and refugee flows through programs like the OSCE Extra Budgetary Project, which successfully concluded its third training last week in Vicenza, Italy.  International organizations have targeted aid for trafficking awareness education in countries where severe lack of economic opportunity makes teens extremely vulnerable to sham offers of jobs abroad. However, traffickers are increasingly preying upon children’s social vulnerability, not just economic need.  Social vulnerability—such as feelings of alienation, unresolved emotional or physical abuse, learning disabilities, or unfamiliarity with a new culture and language—means that children of every socio-economic background across participating States are at risk of being taken advantage of by traffickers.  Children’s often unlimited and unmonitored access to the internet can also endanger them.  Traffickers scout social media with fake profiles, looking for children they can extort into trafficking.  A child sends a half-naked photo to their “new friend” on social media, who then threatens to send the photos to the child’s parents and friends—unless the child does as they say.  No child is immune, but some are now smarter than their would-be traffickers. Non-governmental organizations in the United States and United Kingdom have been taking prevention to new heights through programs to train children in schools how to avoid being ensnared by human traffickers.  The Frederick Douglass Family Initiatives PROTECT project, and Just Enough UK, to name a few, have pioneered curricula that helps children—and their teachers—navigate the new faces and ploys of modern day slavery. Including age-appropriate, anti-trafficking education of teachers and school children in the standard curriculum for all children means that the suffering and harm caused by human trafficking can be halted early—or avoided altogether.  At a recent hearing in the U.S. House of Representatives Foreign Affairs Committee, Co-Founder and Executive Vice President of the Frederick Douglass Family Initiatives, Robert Benz, observed, “The cost benefits to taxpayers, for preventing or mitigating human trafficking at an early stage, are enormous. The human benefit for preventing someone from being victimized is incalculable.” Such educational initiatives may soon benefit from new federal government grants in the United States.  Helsinki Commission Co-Chairman Rep. Christopher Smith, Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly and author of the U.S. laws that establish and fund the “3Ps”, included in the new Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act (H.R. 2200) authority for the training of teachers and students to recognize and avoid human trafficking.  H.R. 2200 passed the House of Representatives in July and awaits consideration in the U.S. Senate.

  • Human Smuggling and Human Trafficking: A Distinction that Makes a Difference

    Headlines in the United States last week were filled with the horrific tragedy in San Antonio, Texas, where at 10 lives were lost and 20 others hospitalized with heat stroke after dozens of migrants were trapped inside the stifling trailer of a truck.  More would have died on their road to a new life if someone from the truck had not bravely sought water from Walmart employees. Newspapers and some officials across the country were quick to headline the tragedy as a “human trafficking crime”—but soon corrected “trafficking” to “smuggling.”  Why?  Smuggling and trafficking are different crimes requiring different responses.  (There are not yet enough facts available in this case to determine if any of the migrants also were victims of trafficking.)  Confusing the terms does the vast majority of trafficking victims no favors, and in fact makes it more likely that trafficking victims in need of rescue will be overlooked. Smuggling vs. Trafficking The defining characteristic of human smuggling is transportation and is generally defined by the Department of Homeland Security as “importation of people into the United States involving deliberate evasion of immigration laws,” including moving irregular migrants across national borders as well as “unlawful  transportation and harboring” of irregular migrants already in the United States. By contrast, while transportation does occur in many human trafficking cases, human trafficking does not require movement.  The defining characteristic of human trafficking centers on commercial exploitation akin to slavery.  Specifically, human trafficking is defined in U.S. law as: Sex trafficking in which a commercial sex act is induced by force, fraud or coercion, or in which the person induced to perform such act has not attained 18 years of age; or Recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. The Palermo Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, which has been ratified by all of the Participating States of the Organization for Security and Cooperation in Europe (OSCE), echoes the “exploitation” focus above, specifically stating that “Trafficking in Persons” means the following: [T]he recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs[.] Irregular migrants are particularly vulnerable due to their undocumented status, and may suffer human trafficking en route to or after arrival in the destination country.  Some smuggling networks overlap with trafficking networks or deliver irregular migrants to traffickers.  Migrants who voluntarily enter a country outside regular channels are sometimes saddled with huge “debts” by the smugglers, who then force them into debt bondage—a form of human trafficking.  As the Special Representative on Human Trafficking Issues to the OSCE Parliamentary Assembly, Rep. Chris Smith, noted in his recent report to the annual session, the overlap of smuggling and trafficking networks in OSCE region is particularly notable among migrants originating in African countries.  He noted that the International Organization for Migration reported last year that 80% of arrivals from Nigeria may have been victims of sex trafficking, forced labor, and/or trafficking for the purpose of organ removal.  Gambians, Ghanaians, Guineans, and Ivorians—especially the youth—also had strong indicators of human trafficking.  Identification and Protection of Trafficking Victims The difficulty for border guards and law enforcement is discerning who among irregular migrants actually needs rescue from a trafficker and access to rehabilitative services. The United States and many other OSCE participating states conduct special anti-trafficking training for border guards.  Given the current influx of migrants into the OSCE region and resulting expansion of law enforcement contacts with irregular migrants, the Special Representative and Co-ordinator to Combat Trafficking in Human Beings for the OSCE, Amb. Medina Jarbussynova, has initiated and implemented a special Extra Budgetary Project to train law enforcement who come in contact with irregular migrants how to identify trafficking victims.  In the United States, a foreign national who is likely a victim of human trafficking is offered the same level of care and services that is offered to refugees.  Likely victims are also offered temporary legal status and the opportunity to apply for a T non-immigrant visa. The number of these visas, as well as the funding for assistance is limited—underscoring the need to identify among irregular migrant populations which individuals are in need of special services.  However, the vast majority of trafficking victims found in the United States are not irregular migrants, or otherwise foreign nationals.  In 2016, the United States identified nearly 800 foreign nationals in need of special assistance due to suspected trafficking in the United States.  This is in contrast to the 3,732 U.S. citizens and Legal Permanent Residents who received special services as trafficking victims. The disparity in numbers may be because it is more difficult to find foreign national victims.  However, it is more likely due to the persistent truth that trafficking victims are just as likely, if not more likely, to be citizens, or otherwise legally present, in the country in which they live. At the beginning of the anti-trafficking movement about 20 years ago, advocates and law enforcement were looking for enslaved irregular migrants.  It gradually became apparent that the trafficking suffered by foreign nationals was also happening to citizens, it was just called something different, like “child prostitution” or a “labor violation.”  Law enforcement began to see, and respond appropriately, to domestic human trafficking. Anti-trafficking advocates still struggle to educate policy makers, police, prosecutors, judges, social welfare agencies, and communities to recognize human trafficking in all its forms. The manifestations of exploitation are many and constantly changing; it can look like a child begging on a corner, a woman unable to leave the home where she is a domestic servant, a young girl forced to participate in the making of pornography, a foster kid engaged in survival sex on the street, the busboy at a restaurant, a woman working in a nail salon, a door to door salesman, a legal visa holder advertised as an escort online—or an irregular migrant smuggled not to freedom but into trafficking. Focusing primarily on exploitation rather than origin or movement as the core feature of human trafficking will ensure that the United States and OSCE Participating States continue to correctly identify and help more trafficking victims become survivors every year. 

  • Using Technology to Protect Children from Online Exploitation

    Helsinki Commission Co-Chairman Rep. Chris Smith, the Special Representative for Human Trafficking to the President of the OSCE Parliamentary Assembly, has registered a supplementary item for this year’s Annual Session in Minsk, Belarus, titled, “Preventing Child Sexual Exploitation Online through Advances in Technology.”  Smith’s supplementary item examines the ways protections for children have lagged behind technology, leaving children vulnerable. “Impressionable children in most of the OSCE region have unrestricted access on any web-capable device to every conceivable form of pornography—even the most violent and vile acts—and that exposure has measurable impact on their vulnerability to sexual exploitation,” Smith said. “Tragically, we are seeing children targeted and further victimized as they are exposed to pornographic websites,” said Smith. Studies Show Correlation between Youth Access to Pornography, Sexual Exploitation Similar to earlier studies, a 2016 study in the Journal of Interpersonal Violence (Stanley et. al) of 4,564 young people aged 14 to 17 found in boys a statistically significant correlation between viewing online pornography and committing sexual coercion and abuse.   Importantly, this study was conducted in five OSCE participating States. A definitive study in the European Journal of Developmental Psychology (Bonino, et. al, 2006) found that adolescent girls who report viewing pornography are more likely to report being victims of sexual harassment or forced sex at the hands of male friends or acquaintances. “We are kidding ourselves if we think unrestricted access to pornography online is not harming our children,” said Smith. “We are allowing them to be actively and passively groomed for trafficking,” said Smith, referring to how child sex abusers are known to lower the defenses of children and condition children to accept sexual abuse as normal by showing children pornography. Age Verification The United Kingdom recently joined Germany, Finland, and Iceland in recognizing that unrestricted access of children to online pornography is a public health concern.  In April of this year, the UK’s Digital Economy Act of 2017 became law, empowering an “age verification-regulator,” most likely the British Board of Film Classification (BBFC), to create guidelines on age verification walls for all pornographic websites viewed from within the UK.  The age-verification regulator will be able to fine websites that violate the new guidelines.  Ultimately, IP addresses in the UK for non-compliant websites could be shut down.  The new UK law is in addition to the country’s current requirement that cell phone companies filter content unless the cell phone owner is 18 or older. “All UK mobile operators run content filtering and age verification on their networks, based on the BBFC guidelines,” said Ernie Allen, who led the Center for Missing and Exploited Children in the United States and International Center for Missing and Exploited Children for more than 25 years. “If a customer tries to access an 18+ site and has not age verified, he or she receives a notice on the site that they may not access it until they have age verified,” Allen said.  Verification may be accomplished by visiting the cell phone store and showing identification, or logging into a designated website and using a credit card.  Cardholders must be 18 or older to have a credit card in the UK.  To make sure the card is not “borrowed” from a parent, one pound may be deducted to give notice to the credit card owner that their card has been used for age verification.   The data repository already created by the UK cell phone requirements could be used to inform age verification for pornographic websites.  In addition, the data repository created by the UK’s Gambling Act of 2005, which imposed age restrictions for online gambling, could also be used to verify age.  Visitors to pornographic websites could enter their gambling account number, which would then be authenticated by the website.   The pornography industry has recently come out with its own age verifying system, AgeID.  After an account is created on AgeID, the account number would be sufficient for age verification. Other companies are offering biometric options, using apps to verify that a passport showing the appropriate age belongs to the person offering the passport as verification. “We now have the technology to protect children online,” said Allen.  “A few data points sent to a third party can effectively verify age without necessarily disclosing identity.” The pending supplementary item received sponsorship from 54 parliamentarians representing 26 countries.  President of the OSCE Parliamentary Assembly, Christine Muttonen, has offered her support. Since raising this issue at the St. Petersburg Annual Session in 1999, Rep. Smith has introduced or cosponsored a supplementary item or amendments on trafficking at every annual session of the OSCE PA, including on issues such as prevention of sex tourism, situational awareness for the detection of trafficking victims in transit, and corporate responsibility for trafficking in supply chains.

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