The Forgotten: Iraqi Allies Failed by the U.S.

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.

By Knox Thames CSCE Counsel The United States Helsinki Commission held a hearing June 10, 2003, focusing on the plight of an estimated three million internally displaced persons (IDPs) in the Caucasus region and southeastern Anatolia. The region has become a temporary dwelling place to the single largest body of displaced persons in the region covered by the Organization for Security and Cooperation in Europe (OSCE). Testifying at the hearing were Dr. Francis Deng, United Nations Secretary General's Representative on Internally Displaced Persons; Ms. Roberta Cohen, Co-Director of the Brookings-SAIS Project on Internal Displacement; Dr. Maureen Lynch, Director of Research for Refugees International; and Mr. Jonathan Sugden, Researcher in the Europe and Central Asia Division at Human Rights Watch. Mr. Gabriel Trujillo, Mission Head for Doctors Without Borders of the Russian Federation was scheduled to testify, but encountered unexpected delays in Moscow. Mr. Nicolas de Torrente, Executive Director of Doctors Without Borders, U.S.A. graciously delivered Mr. Trujillo's opening statement. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing, describing how protracted conflicts in Georgia, Azerbaijan, Armenia and the North Caucasus of the Russian Federation have diminished the prospects of displaced persons safely returning home. He noted that few individuals have been allowed to return to southeastern Turkey, despite the lifting of the last state of emergency in late 2002. "We must address this problem now as thousands and thousands of individuals are suffering," said Smith. "More must be done to find just, realistic and durable solutions." Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) stated in written remarks, "As an American Indian, I am particularly sensitive to the plight of men, women and children who have been uprooted from their homes. Whether due to conflict, natural disaster or other causes, the displaced cling to the hope they will one day be able to return home." Campbell added that with millions waiting to return, "it is the responsibility of individual participating States and the international community to meet the needs of these individuals while working to create the conditions necessary for their return in safety and dignity." Ranking Member Rep. Benjamin L. Cardin (D-MD) emphasized the need for the hearing to both ascertain the precise situation of IDPs in the region and to bring greater attention to their needs. He expressed hope that the hearing would provide information and ideas on how the State Department and the U.S. Congress could play a role in assisting the internally displaced. Commissioner Rep. Joseph R. Pitts (R-PA) called the condition of IDPs in the region "urgent," as they suffer not only from a lack of food, medical aid, and education, but also from the inability to return home. "Some fear government action against them. Others fear rebel action. Others fear both," Pitts noted. Dr. Deng is the author of the UN Guiding Principles on Internal Displacement which recognized international norms for the rights of the displaced and the corresponding duties of states in protecting those rights. He provided an overview of the situation in the region, characterizing IDPs as having the same needs as refugees, "but worse." Since IDPs do not leave their country, they remain more or less within the conflict zone, faced with the same threats that caused their flight. While their home governments bear primary responsibility for their safety and security, Deng noted in many cases IDPs become in effect political hostages. By not resettling the displaced and allowing free integration, the government uses them as bargaining chips in the political conflict. When the government fails to act, the displaced often fall into a "vacuum of responsibility," Deng observed, noting that the world cannot sit and watch and do nothing. Ms. Cohen offered a series of recommendations for the OSCE on issues pertaining to IDPs. "The OSCE, more than most regional organizations, has tremendous potential for dealing with the problem of internal displacement in the European region," stated Cohen. "It also has the responsibility to do so." Although recognizing that in recent years the OSCE has expanded its involvement with problems of internal displacement, Cohen noted that these steps have been largely ad hoc and too small. She recommended that the OSCE systematically integrate internal displacement into its activities, particularly within the Caucasus region and southeastern Anatolia, using the UN Guiding Principles on Internal Displacement as a framework. Cohen specifically urged OSCE bodies to ensure the right of IDPs to vote. In addition, Cohen identified the OSCE/ODIHR migration unit as the potential focal point for activities within the organization and contended that, if these recommendations are carried out, it would positively impact the situation in the Caucasus and Turkey. Russian Federation Gabriel Trujillo's prepared statement outlined the results of a Doctors Without Borders' survey conducted in February 2003 that polled over 16,000 displaced Chechens housed in camps in neighboring Ingushetia. When questioned about returning to Chechnya, an overwhelming majority of respondents said they were too afraid for their safety to return. Notably, individuals interviewed did not consider the availability of humanitarian aid available in Ingushetia as a reason to stay. The ongoing violence has kept UNHCR from certifying Chechnya as a safe return destination. International aid agencies, including Doctors Without Borders, are choosing to limit or suspend their operations out of concern for the safety of aid workers. Mr. de Torrente pointed to recent abductions, including Doctors Without Borders volunteer Arjan Erkel still missing from nearby Daghestan after ten months, as exemplifying the security situation in the region. "If present security conditions in Chechnya and the neighboring republics are not adequate for humanitarian workers to carry out assistance activities," asked de Torrente, "why would they be considered adequate for civilian Chechens to return and resume their normal lives?" Despite this lack of security, the UN estimates that more than 38,000 IDPs from Ingushetia returned to Chechnya last year. Respondents to the survey said people are left with little choice. They report that officials have threatened to cut off assistance in Ingushetia and block future aid in Chechnya for those refusing to leave immediately. Also, Russian troops reportedly are stationed near IDP camps and authorities limit assistance from international agencies, all to pressure IDPs to return to Chechnya. De Torrente concluded, "The results of the survey are a clear indication that the basic rights of displaced people to seek safe refuge, to be protected and assisted properly in a time of conflict, and only to return home voluntarily as guaranteed by international humanitarian law are not being respected." Turkey Mr. Sugden described the situation in southeastern Turkey, where approximately 400,000 to one million people, mostly of Kurdish heritage, fled their villages during the conflict with the PKK. Relative peace returned to the region by 2001, yet the majority of Turkey's displaced have been unable to return home. Sugden noted that often local authorities will not permit villages to be re-inhabited, while in other cases the gendarmes or village guards block resettlement, often by threat or use of violence. While the Government of Turkey has policies and programs aimed at returning the displaced to their homes, Sugden asserted, they have "consistently been underfunded and ill-conceived, falling far short of established international standards." Because of this, the international community has been reluctant to get involved. "Instead of helping villagers to get international assistance, the government, with its flawed plans, is actually standing in their path," he remarked. Sugden noted that the implementation of a fair and effective return program for the displaced populations in Turkey would also serve the country's goal of EU membership. He urged the Helsinki Commission to use its leverage in encouraging Turkey "as a matter of urgent priority" to convene a planning forum with the goal of creating a return program meeting international standards. Azerbaijan and Georgia Dr. Lynch estimated that in the South Caucasus there are currently some 250,000 displaced individuals from the Abkhazia and South Ossetia conflicts in Georgia and over 572,000 displaced from the Nagorno-Karabakh conflict in Azerbaijan. Although political solutions would provide the best opportunity for these groups to return home, the frozen nature of the conflicts makes that a remote possibility. In addition, Lynch asserted that the Georgian and Azeri Governments have failed to provide alternative integration opportunities, thereby maintaining the displaced as "political pawns." In Azerbaijan, only about ten percent of IDPs live in camps. The rest have settled in abandoned hotels, railway cars, or underground dugouts, all of which represent serious health hazards from air and water quality to the risk of structural collapse. The lucky few provided with government-funded housing find themselves located far from jobs and on unirrigated land unsuitable for farming. Nevertheless, Dr. Lynch maintains that Azerbaijan is full of potential; it is an oil-rich country with a highly literate population. "The answer to Azerbaijan's trouble is not found only in resolution of the Nagorno-Karabakh conflict," he asserted, "Azerbaijan must protect itself from corruption and use all of its resources to look to the future." In Georgia, the living conditions for IDPs are just as harsh, but with the added difficulty of only sporadic food aid. There is also a severe lack of even basic healthcare accessible to IDPs and virtually no psychosocial assistance. What healthcare is available is often too expensive for the displaced, resulting in many IDPs dying from curable ailments. Dr. Lynch declared that both Azerbaijan and Georgia must develop long-term solutions for their displaced populations, but they must also allow relief aid to arrive unhindered. In particular, Georgia must lift the import tax it imposed on humanitarian goods, which is currently blocking effective aid distribution, and both countries must work to create economic opportunities for IDPs. She further urged governments to be transparent in their plans, thereby encouraging continued participation of the international community. 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.