Title

Labor Trafficking In Troubled Economic Times: Protecting American Jobs And Migrant Human Rights

Monday, May 23, 2011
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Benjamin Cardin
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Hon. Luis C. deBaca
Title: 
Ambassador-at-Large, Office to Monitor and Combat Trafficking in Persons
Body: 
Department of State
Name: 
Gabriela Lemus
Title: 
Senior Advisor and Director, Office of Public Engagement
Body: 
Department of Labor and Representative to the Senior Policy Operating Group on Trafficking in Persons
Name: 
Nancy Donaldson
Title: 
Director, Washington Office
Body: 
International Labor Organization
Name: 
Neha Misra
Title: 
Senior Specialist Migration and Human Trafficking
Body: 
Solidarity Center
Name: 
Julia Ormond
Title: 
Founder
Body: 
Alliance to Stop Slavery and End Trafficking, and Former Goodwill Ambassador to the UN Office on Drugs and Crime

This hearing brought attention to the extremely lucrative criminal enterprise of human trafficking. Specific attention was focused on those who were most likely to be victims (i.e. people who were poor, had lost their jobs). Therefore, human trafficking, which involves forced labor, profits more in times of economic decline.

Relevant countries: 
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Chris Smith (R., N.J.), invited CICIG to appear at a similar hearing he proposed for April 24 in the House Foreign Affairs subcommittee monitoring human rights and U.N. entities. CICIG declined the invitation. That hearing was not scheduled, though the office of Foreign Affairs Chairman Ed Royce (R., Calif.) told me it’s not dead. If CICIG refuses to cooperate with the Helsinki Commission, it will fuel the feeling among rule-of-law advocates that it has something to hide. CICIG says it is in Guatemala merely to “support” the attorney general in her work “identifying and dismantling” criminal networks and is not involved in politics. But an academic analysis of CICIG by Jonatán Lemus, a Francisco Marroquín University political science professor, suggests otherwise. 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A foreign businessman also makes an easy target for a politically correct prosecutor seeking approval from anticapitalist nongovernmental organizations. Kremlin “influence” cannot be ruled out. Nailing the Bitkovs was a priority for Russia because the family had refused to “donate” large sums to the Putin kitty in Kaliningrad. It would hardly be surprising to learn that Moscow leaned on prosecutors and judges to put the family behind bars. There’s no doubt that something fishy went on, and CICIG prosecutor Iván Velásquez’s unwillingness to address it is troubling. The truth matters for the family, for Guatemala and for the U.S.

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  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

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  • One Year Later, U.S. Consulate Employee in Turkey Remains Behind Bars

    By Everett Price, Policy Advisor One year ago today, Turkish authorities detained Hamza Uluçay, a 36-year veteran Turkish employee of the U.S. Consulate in the southern city of Adana. After decades of service to the United States, he spent the last year behind bars on unsubstantiated terrorism charges.    Authorities initially questioned Uluçay last February about his communications with local Kurdish contacts. Such communication with local contacts, including peaceful Kurdish groups, would have been a routine part of the U.S consulate’s work. Yet within hours of his initial detention, the Turkish press claimed that Uluçay was suspected of inciting public support for the PKK, or Kurdistan Workers’ Party, a U.S.-designated terrorist organization that has been engaged in a more than three-decade armed conflict with the Turkish state. After more than a week in custody, Uluçay was released for lack of sufficient evidence only to be re-detained hours later due to a prosecutor’s objections. This time Uluçay was formally arrested and faced graver charges. He stood accused of “membership in a terrorist organization,” a reference purportedly to the PKK and the Gulen movement, the religious and social movement the Turkish government accuses of orchestrating the failed coup in July 2016. Little is known about the prosecution’s evidence against Uluçay. According to Turkish press, authorities seized 21 U.S. dollar bills from Uluçay’s home. As seen in the case of imprisoned U.S. citizen and NASA scientist Serkan Golge, Turkish prosecutors regularly cite one dollar bills as “evidence” of a defendant’s involvement with the Gulen movement. 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U.S. embassies and consulates around the world hire local staff like Uluçay to facilitate engagement with local contacts and to advise on political and cultural dynamics in the host country.  Since U.S. diplomats rotate among overseas posts every few years, locally employed staff (or LES, as they are known) often serve as important focal points of continuity and institutional memory in the work of a diplomatic mission. In Uluçay’s case, he offered successive rotations of American diplomats in Adana decades’ worth of established relationships and experience working with local groups and individuals.   As LES directly support U.S. diplomatic representation in a country, it is rare for host nation authorities to openly interfere with their work, least of all in countries with friendly relations with the United States. For this reason—and in the absence of credible evidence to support the serious allegations against him—the detention of Uluçay last February represented a significant diplomatic incident.  The affront was compounded seven months later when Turkish authorities detained another longtime Turkish employee of a U.S. consulate, this time in Istanbul. Metin Topuz was taken into custody on September 25 and shortly thereafter charged with “membership in a terrorist organization,” “gathering state secrets for espionage,” and “attempting to overthrow [the Government, Turkish National Assembly, and the Constitutional Order].”  Topuz had spent more than 20 years working for the U.S. consulate where he helped officers of the United States Drug Enforcement Administration liaise with Turkish counterparts. According to Turkish press reports, his official communications had brought him into contact with suspected Gulen-affiliated officers in the Turkish security services. Topuz, therefore, was accused of belonging to the so-called “Fethullah Terrorist Organization,” or “FETO.” U.S. officials tried in vain to obtain a credible justification from Turkish authorities for Topuz’s arrest only to see them target a second employee of the Istanbul Consulate General for arrest, Mete Canturk.  In response to these developments, on October 8 the United States announced the indefinite suspension of non-immigrant visa services in Turkey. Then-U.S. Ambassador to Turkey John Bass announced the decision in a videotaped statement, commenting, “Despite our best efforts to learn the reasons for [Topuz’s] arrest, we have been unable to determine why it occurred or what, if any, evidence exists against the employee.” “This arrest,” he continued, “has raised questions about whether the goal of some officials is to disrupt the long-standing cooperation between Turkey and the United States.”  The State Department resumed limited visa services in Turkey on November 6 and restored full services on December 28 after receiving assurances from Turkish authorities that no additional local employees were under investigation, that local staff will not be detained for performing their official duties, and that Turkish officials would provide the United States advanced warning of any future arrest. Nevertheless, both Uluçay and Topuz remain in custody to this day. In addition, on January 31, 2018 authorities placed Canturk, the other LES who was sought by authorities in October, under house arrest allegedly for links to the Gulen movement. Although formal charges have yet to be filed, he has been unable to return to work. The U.S. Helsinki Commission convened a hearing on November 15 to examine the deterioration of Turkey’s rule of law and the ongoing detention of Uluçay, Topuz, and several U.S. citizens on coup-related charges. In his testimony before the Commission, State Department Deputy Assistant Secretary for Turkey Jonathan R. Cohen stated, “It appears to us that Mr. Uluçay and Mr. Topuz were arrested for maintaining legitimate contacts with Turkish government and local officials and others in the context of their official duties on behalf of the U.S. government.” Helsinki Commissioners have raised their cases on several occasions and will continue to do so until they are released. In May, the Helsinki Commission’s bicameral, bipartisan leadership led a letter with the bipartisan House co-chairs of the Lantos Human Rights Commission urging President Trump to raise Uluçay’s case directly with President Erdogan during the latter’s official visit to Washington that month.  Later in the year, ten Commissioners wrote to Turkish President Erdogan calling on him to help swiftly resolve Uluçay and Topuz’s cases, among others. While chairing the Commission’s November hearing, Senate Commissioner Thom Tillis said, “The harassment and detention of our consulate staff has…overstepped the bounds of diplomatic conduct among partners.” Sen. Tillis clearly expressed that the United States should “not accept anything short of true and timely justice for our detained consulate staff and our citizens behind bars.” One year since his detention, justice for Hamza Uluçay—like others—remains a distant prospect.

  • Screening and Discussion: "And We Were Germans"

    To celebrate Black History Month, the Helsinki Commission screened “And We Were Germans: The Life of Hans-Jürgen Massaquoi and Ralph Giordano.” The 30-minute film chronicles the journey of Hans-Jürgen Massaquoi, an Afro-German survivor of the Holocaust who emigrated to the United States and became the editor of Ebony magazine, one of the first monthly publications for African-Americans.  The film connects the experience of Afro-German and Jewish-German survivors of the Holocaust by recounting Massaquoi’s experience in Germany, including his relationship with Ralph Giordano, a lifelong Jewish friend. To introduce the film, Dr. Mischa Thompson of the Helsinki Commission spoke about the Commission’s focus on diverse and vulnerable populations from Roma and Jewish populations to national minorities and migrants in Europe and the United States since its inception. She also discussed Commissioner’s work on the situation of People of African Descent in Europe or Black Europeans, including hearings and legislation in the U.S. Congress and resolutions and events in the OSCE Parliamentary Assembly and OSCE.  The film was followed by a conversation with director John A. Kantara about the film and current situation of people of African descent in Germany and across Europe. Kantara discussed his motivation for making the film and what he considered to be the most moving parts of the process. He found inspiration after traveling with young Afro-Germans to Chicago and attending a cultural exchange with African-Americans where he met Hans Massaquoi. He was concerned that Black German history was not widely taught in schools, nor was there a strong awareness of the Afro-German population’s history from Germany's colonization of Namibia, Burundi, and Tanzania to the children of African-American soldiers stationed in Germany. Kantara made the film with the hope that he could change the lack of education regarding black history in Germany. Kantara also elaborated on what moved him during the filmmaking process, noting the importance of African-American struggles during the U.S. civil rights movement to Afro-Germans. He indicated that trying to organize people who have been affected by discrimination and racism is an important task, and was his primary aim throughout the filmmaking process. Kantara also offered his thoughts on the new release Black Panther, noting the large turnout in Berlin and special initiatives to screen the film for Afro-German youth. Kantara revealed that it was remarkable to see young black Germans relate to the movie, and identifying with the people and plot of the film.

  • Religious Freedom in the National Security Strategy of the United States

    The National Security Strategy of the United States is the most important comprehensive national security report an Administration releases. During the drafting process there is robust competition inside and outside government over wording. None of the first eight editions of the National Security Strategy, issued from 1987 to 1996, mentioned religious freedom. Legislation and law, grassroots advocacy, and external events like the civil war in Sudan contributed to President William Clinton including the first reference in 1997. From 1997 to 2017, eight of the nine editions, spanning two Democratic and two Republican Administration, have included religious freedom (2010 was the exception). Download the full report to learn more.

  • Next Steps for Refugee and Migrant Youth in Europe

    "The reality is these children are not only Europe’s future, North Africa’s future, the Middle East’s future, we’re in a global world.  It’s also our future." - Dr. Mischa Thompson, Senior Policy Advisor, Helsinki Commission Although refugee and migrant arrivals to Europe have been declining since the beginning of the refugee crisis in 2015, thousands continue to arrive each year from countries throughout the Middle East and Africa, including Afghanistan, Syria, and Iraq. Of those, the number of youth whom arrive unaccompanied is increasing.  An estimated 15 to 20 percent of refugee and migrants are minors, and 5 percent unaccompanied.  The situations that cause children to arrive in Europe alone are very complex, but experts agree that more must be done to see that they are protected, supported, and integrated.  During the briefing, which highlighted the current situation of refugee and migrant youth in Europe, Sofia Kouvelaki, Executive Director of the Home Project in Athens, Greece, shared the story of two Syrian boys forced to leave their family and home in Syria.  “Two Syrian brothers, Adnan and Ayaz, age 10 and 11 years old […] reported witnessing firsthand bombings, killings, decapitations, and all forms of violence,” she recounted. “In 2015, the father managed to send enough money to finance their move to Europe via smuggling networks.  Adnan and Ayaz had to walk all the way to the Turkish coast through very dangerous routes.  They report being physically and sexually abused by the trafficker along the way, as well as being held at a house for a month where we suspect they were repeatedly raped.”  “They tried to reach to Greece three times,” she continued. “The first two failed and the kids were arrested and returned and detained in a Turkish refugee camp, where they experienced even more violence.  The third time, they managed to reach the Greek island of Chios [and] were detained for more than three months in a closed reception facility, co-existing with adults in horrible living conditions.”  “The youngest of the two brothers attempted to hang himself using his own t-shirt.  His attempt failed because the t-shirt was torn.  The child was hospitalized with his brother for five hours at the local hospital and then returned to the detention center due to a lack of appropriate accommodation on the island.  We were notified by a volunteer regarding this case.  And in collaboration with the public prosecutor for minors and the local authorities, we went to Chios and escorted the kids to one of our shelters.  The kids are now safe, and they’re receiving a holistic network of services [at a Home Project shelter],” she concluded. The story exemplifies the vulnerability of refugee and migrant youth traveling to Europe and the need for an increased focus on what expert Kathleen Newland, Co-Founder of the Migration Policy Institute, cited as some of the biggest problems: trafficking, detention, a lack of appropriate reception centers and shelters for children – circumstances that allow children to easily go missing.  “16-, 17-year-old boys form the bulk of this population,” she said.  “Unfortunately they are not seen as the most sympathetic group. People don’t necessarily think of almost adult males as being the most vulnerable.  But in fact, in Afghanistan, Syria, Iraq, they are the most vulnerable to forcible recruitment, to being killed in the context of these conflicts.”  The Home Project offers a promising model for providing the basic needs of refugee and migrant youth- food, shelter, medical support, psychological support, psychiatric supervision, and tools for integration (language training, education, and employment).  It includes the Youth to Youth Program in collaboration with the American Community Schools of Athens with the goal being through education to connect the youth with employers.  According to Kouvelaki, “the ultimate goal is integration.” Newland cited a number of measures that countries are supposed to be implementing in accordance with the Convention on the Rights of the Child and other policies to protect and integrate refugee and migrant youth.  However, a lack of capacity in some cases combined with a xenophobic political climate in the EU, including anti-migrant policies in Hungary and Poland, has resulted in less than expected progress since the height of refugees coming to Europe in 2015.  This is particularly concerning given Europe’s traditional leadership role on human rights, and assertions that well-integrated refugees and migrants might be the key to Europe’s economic future in the face of declining population growth in many countries.

  • Refugee and Migrant Youth in Europe Focus of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: NEXT STEPS FOR REFUGEE AND MIGRANT YOUTH IN EUROPE Tuesday, January 23, 2018 10:00 AM to 11:00 AM Capitol Visitor Center Room SVC 203 Live Webcast: www.facebook.com/HelsinkiCommission As Europe continues to experience an influx of refugees and migrants, the numbers of youth (persons under the age of 18) have increased. This Helsinki Commission briefing will highlight the current situation of refugee and migrant youth in Europe with a focus on support, protection, and integration services being put in place for accompanied and unaccompanied arrivals.  The briefing will include case studies from Greece, where there has been a recent surge in refugee and migrant arrivals, and where unaccompanied youth are estimated to account for approximately 15 percent of the total number of arrivals.  The following panelists are scheduled to participate: Sofia Kouvelaki, Executive Director, The HOME Project, Athens, Greece Kathleen Newland, Senior Fellow and Co-Founder, Migration Policy Institute, Washington, DC

  • 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.

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