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

Tuesday, July 03, 2018

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. 

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
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  • From Promises to Practice: Implementation of National Policies on Roma, Sinti and Travellers

    By Erika Schlager, Counsel for International Law A recent conference on Romani issues provided a positive benchmark on how far the international community has come in addressing discrimination toward Europe’s largest ethnic minority group.  The meeting also served to highlight how much more national governments have to do to address the needs of Roma in their countries.  On May 4 and 5, 2006, the Government of Romania, along with several inter-governmental and non-governmental partners, hosted an “International Conference on the Implementation and Harmonization of National Policies for Roma, Sinti, and Travellers:  Guidelines for a Common Vision.”  The two-day meeting, conducted in Romani, Romanian, and English, was well attended and focused on housing, employment, community policing, and the status of Roma in Kosovo. Although one opening speaker joked that the magnitude of logos on display for the numerous hosts reminded him of medieval European heraldic insignia, the meeting demonstrated that at least in one area – Romani issues – two major players in this field, the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe, are able to put aside institutional rivalries in favor of cooperation.  The conference hosts included the Austrian Presidency of the Council of the European Union, the Council of Europe, the European Commission, the European Union Monitoring Center, the European Roma and Travellers Forum, the OSCE, the Project on Ethnic Relations, and the Romanian Government in its capacity as Chair of the Council of Europe and as President of the Decade of Roma Inclusion.  The Bucharest conference was convened to follow up on a similar meeting held in October 2005 in Warsaw. 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Twelve years later, the landscape has changed dramatically.  Many government delegations to the Bucharest conference included Romani officials, and the improvements made in protecting the basic human rights of Roma now leaves enough political space for the discussion of other factors which contribute to the marginalization of Europe’s largest minority.  (At the same time, this development prompted one Romani NGO to lament the virtual decapitation of the Romani civil rights movement:  as more Roma move into government and inter-governmental positions, there are fewer independent Romani voices to hold those authorities accountable.) As the number of international meetings on Romani issues has increased in recent years, organizers of such meetings face considerable challenges in meeting the ever higher expectations for them, and governments, non-governmental actors, and international organizations must work hard to avoid duplication and create a sense of forward motion and real change.  And, as suggested in concluding remarks by a Council of Europe representative, such conferences must figure out how to reach out to local governments, national parliaments and, above all, the majority populations which are the source of the discrimination Roma face.

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

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

  • Statement on Human Rights in Central Asia at the Carnegie Endowment for International Peace

    First, let me thank the organizers of this conference for inviting me to speak.  I applaud the co-sponsors for putting together this timely and sober gathering to mark the one-year anniversary of the Andijon events. I won’t bother talking to this audience about the human rights situation in Central Asia.  The State Department’s annual Country Reports on Human Rights Practices routinely characterize the human rights observance in each country as “poor.”   Some non-governmental organizations (NGOs) here today probably consider that too lenient, and I agree with them.   It’s not surprising that countries which emerged from 70 years of communism should have difficulties creating rule of law states.  But after 15 years of independence we should be seeing some separation of powers and a strong civil society.  Instead, we see “super-presidents,” who have overwhelmed legislatures and judicial systems.  Several have been in power for about 20 years, after rigged or canceled elections.  “Royal families” control the most lucrative sectors of the economy and the media. Of course, newspapers in Kazakhstan have more leeway than in Uzbekistan or Turkmenistan.  But even in Kazakhstan, reports on presidential misdeeds are taboo.    Only in Kyrgyzstan do we see a freer media and hope of more in the future.  And only in Kyrgyzstan is the president’s relationship with the other branches of power not yet set in a pattern of executive branch dominance.  Yet a Tulip Revolution was necessary last year to bring about change in Kyrgyzstan, which raises serious questions about prospects for evolutionary development toward democracy in Central Asia.   This brings us to Uzbekistan.  No Central Asian country worked harder during the last 15 years to develop good strategic relations with Washington and to counterbalance residual Russian influence. But the country’s terrible human rights record complicated the development of a closer relationship.  President Islam Karimov allows no opposition, torture is pervasive, for years human rights groups were unregistered, and Tashkent has waged war against Muslims who wanted to practice their faith outside state-approved channels.    Now, the Islamic Movement of Uzbekistan is a terrorist group affiliated with al-Qaeda, and Hizb-ut-Tahrir is virulently anti-Western and anti-Semitic.  But Karimov’s exclusive reliance on repression only exacerbates matters and has probably supplied cadres for radical and terrorist organizations.   After September 11, 2001, we needed Uzbekistan’s cooperation and Karimov was delighted to help.  Uzbekistan gave us a military base and the March 2002 agreement on strategic cooperation was signed in Washington.  We agreed to support Uzbekistan, and Uzbekistan pledged to move towards democracy. But Karimov only implemented the democratization commitments just enough for Tashkent and Washington to point to “progress.” Gradually, frustration grew on both sides.  It was just a matter of time before the arrangement collapsed.   People often date the breakdown of U.S.-Uzbek relations to the events that happened in Andijon on May 12 and 13, 2005. We did not condone the violent takeover of government buildings in that city.  But we condemned the indiscriminate shootings in the square that followed and when we called for an independent, international investigation, Karimov balked.    As we all know, he began to move against U.S. NGOs.  Few remain in Uzbekistan today.  Then we were unceremoniously booted out of the K-2 base.  But ties had actually soured long before, because Karimov saw the Stars and Stripes behind the Georgian, Ukrainian and Kyrgyz revolutions. Most alarming for Tashkent was the Tulip Revolution which proved that “people power” was possible in Central Asia.    Like President Putin, Central Asian leaders insist that a sinister hand, based in Washington but using American NGOs working in the region, plotted the downfall of Eduard Shevardnadze, Leonid Kuchma and Askar Akaev -- and is now gunning for them.  So a split has developed in Central Asia.  Kyrgyzstan, though plagued by criminality and sometimes seemingly chaotic, is better off than with the previous corrupt regime and well disposed towards the U.S.    Uzbekistan’s Karimov sees us as his greatest strategic danger; he has cracked down even harder and state-run media accuse us of trying to enslave Uzbekistan. Kazakhstan, Tajikistan and Turkmenistan are suspicious of our allegedly revolutionary goals but still want to maintain good ties – as long as they are not threatened by civil society.  And Kazakhstan and Turkmenistan surely assume that we want their oil and gas too much to stir the pot. What can we do about this?  How can we try to make things better, especially keeping in mind that U.S. influence is limited?   This week I will be re-introducing my Central Asia bill, to help ensure that the United States is doing everything possible to encourage these governments to respect human rights and democratization.  The act will also bring greater consistency to U.S. policy, creating a framework to guide our bilateral relations in Central Asia.   The Central Asia Democracy and Human Rights Promotion Act supports the President’s freedom agenda by providing $118 million in assistance for human rights and democracy training and $15 million for increased Radio Free Europe/Radio Liberty and Voice of America broadcasting.    The new Act will also establish a certification mechanism for the distribution of assistance to each government. The Secretary of State will determine whether each has made “significant improvements in the protection of human rights.”  This system will have a national security waiver and is modeled on the current system in Foreign Ops appropriations for Kazakhstan and expanded for all five countries.   In addition, considering the forced return of Uzbek refugees from Kyrgyzstan and Kazakhstan, the new Act will require the Secretary of State to report on whether any government is “forcibly returning Uzbeks or other refugees who have fled violence and political persecution.” This is modeled on language regarding Kyrgyzstan in Foreign Ops appropriations and expanded for all five countries.    Notably, my new legislation will create a sanctions section for Uzbekistan.  First, the bill concretizes into law the limitations already in place in Foreign Ops appropriations. The limitation prevents funding to the Uzbek Government unless the Secretary of State determines the government is “making substantial and continuing progress” towards respect for human rights and that the Uzbek Government begins a “credible international investigation” of Andijon.   In addition, the new Act mirrors European Union sanctions by establishing a visa ban and an export ban on munitions.  The sanctions section also establishes an asset freeze for Uzbek officials, their family members, and their associates implicated in the Andijon massacre or involved in other gross violations of human rights.   Ladies and gentlemen, it is hard to promote democratization in strategically important countries whose leaders want to keep all real power in their own hands. Our task is especially complicated by the fact that Russia – which has re-emerged as a major international player, thanks to sky-high oil prices – is working hard to undermine our efforts.  But I think the measures which I’ve outlined here in brief offer a good chance of achieving our goals.   Thank you for your attention.  I look forward to hearing the other participants’ views and your comments.   

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

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

  • Remarks by Hon. Christopher H. Smith on The Coalition for International Justice

    Mr. Speaker, it has come to my attention that a Washington-based non-governmental organization, the Coalition for International Justice, will close its offices this week after 10 years of service to the cause of justice around the world. Serving as Chairman and Co-Chairman of the Helsinki Commission for that same period of time, I have worked closely with the Coalition and seen the effect of its work. Ten years ago, the conflict in Bosnia and Herzegovina was a priority in U.S. foreign policy, a conflict in which numerous war crimes, crimes against humanity and genocide were committed. Many of us fought for the inclusion of basic justice as an element in our country's policy response, and an international tribunal was fortunately created for that purpose. At the time, however, support was lukewarm at best; many saw efforts to apprehend and bring to justice those responsible for heinous crimes as too far-reaching, perhaps unachievable, and potentially detrimental to efforts to end the conflict through diplomacy. The Coalition for International Justice was a tireless advocate of another view, one that saw no true peace, nor the resulting long-term stability, in Bosnia or anywhere else, without appropriate consideration of justice. Time has since shown how correct that view has been. Bosnia and Herzegovina has come a long way since the mid-1990s, in large part because those responsible for war crimes, crimes against humanity and genocide were instead removed from positions of authority and made accountable at the tribunal located in The Hague. Many of those people might still be at large had the Coalition, among others, not advocated a tough policy toward those powers who were harboring and protecting them. Many of us can remember the State Department's hesitancy, let alone that of many European foreign ministries, to these tough measures. Today, however, the United States maintains an effective conditionality on assistance to Serbia and, along with the European Union, on Serbia's integration efforts due to the particular failure to transfer Ratko Mladic to The Hague. Similar linkages apply to another at-large indictee, Radovan Karadzic. Representatives of the Coalition for International Justice participated in numerous briefings and hearings of the Helsinki Commission on this subject, and were always available to provide useful information when justice in the Balkans became part of our policy debates. The Coalition similarly assisted the international criminal tribunal established for Rwanda in its efforts to be fair, responsible and effective in the provision of justice. Its mandate later expanded to help the investigation and prosecutions process in East Timor, to establish a tribunal for Khmer Rouge crimes in Cambodia, and to create a Special Court for Sierra Leone. It helped track the finance of such notorious figures as Charles Taylor, Saddam Hussein and the Khartoum elites, in addition to Slobodan Milosevic and Radovan Karadzic. Most recently, the Coalition has been part of the international effort not just to hold those responsible for the genocide in Darfur accountable from the crimes already committed but to protect the civilian population there from continuing to be victimized. Mr. Speaker, I have appreciated the work of the Coalition for International Justice as a resource of accurate information, and as an advocate to a reasonable, practical approach to the sometimes controversial subject of international justice. While its board and staff may have concluded that the Coalition has largely accomplished the tasks it was created to address, they know, as do we, that horrible crimes continue to be committed against innocent people in conflicts around the world. I am confident that the dedicated individuals who made the Coalition such a success will continue, through other organizations and offices, in the struggle for international justice.

  • Remarks by Hon. Benjamin L. Cardin on The Coalition for International Justice

    Mr. Speaker, I want to pay tribute to the fine, effective work of the Coalition for International Justice as that organization closes its offices this Friday. Ten years ago, the world allowed genocide to occur in Bosnia and Herzegovina. Shocked by this fact, as well as the associated war crimes and crimes against humanity, many Americans both within government and among the public decided to take action. As scenes of the destruction were broadcast to homes across this country, support grew for holding those responsible for the senseless killing accountable. Some dedicated experts in the field of international justice formed the Coalition, often known as “CIJ”, to help guide the development of the international tribunal established for that purpose. While justice remains elusive, not just in the Balkans but elsewhere, the Coalition has been an indispensable part of the progress achieved in the last decade to hold more people accountable for horrible crimes, in Europe, Africa and elsewhere around the globe. The Coalition, in fact, argues not only for responding to crimes already committed but taking necessary actions to stop ongoing atrocities and to prevent future war crimes. This presents a challenge to the international community and its natural tendency to avoid taking bold and decisive action, and reflects the lessons learned from Rwanda that the international community cannot stand by as genocide occurs. I am extremely pleased that CIJ has taken a leadership role in galvanizing the international community to respond to the ongoing genocide in the Darfur region of Sudan. As the Ranking member of the Helsinki Commission, most of my work with the Coalition for International Justice has been related to what is unfortunately the still unresolved issue of obtaining Serbia's full cooperation with the International Criminal tribunal for the former Yugoslavia (ICTY), located in The Hague. Despite the democratic ouster of Slobodan Milosevic in late 2000 and his transfer to The Hague in 2001, Belgrade's cooperation with the tribunal has not been good. Despite Serbia's own need to break with a horrible past, and despite the obvious need for surviving victims and families to have some closure, Serbian officials have largely responded only when pressure is applied. Ratko Mladic and Radovan Karadzic, perhaps the two people most directly responsible for the slaughter of thousands of innocent people in Bosnia and Herzegovina, remain at large. It has been clear for some time that Mr. Mladic has been protected by the military. Serbia's future integration in Europe is placed at risk by this irresponsible behavior. The Coalition for International Justice has been indispensable in tracking the developments of the tribunal, as well as following reports of where at-large indictees may be, as well as what access prosecutors have had to evidence and witnesses. The Coalition also has done excellent work in analyzing the work of the tribunal itself. This has been important. International justice is a relatively new phenomenon, and things have not always developed smoothly. The Coalition has not been an apologist for ICTY or the other war crimes tribunals, and has brought attention to areas where improvement was needed. The Coalition should take great satisfaction that today, 10 years after genocide in Bosnia and Herzegovina, the war crimes chamber of Bosnia's court system now has the ability to handle the emotional and controversial cases from that dark time. The staff of the Coalition for International Justice has always been outstanding, and has provided critical assistance to myself, my personal staff, and the Helsinki Commission staff that work on these issues. CIJ staff have been more than willing and able to help those of us in Congress who have worked to ensure common concerns about international justice are appropriately reflected in U.S. foreign policy. Board members Mark Ellis, John Heffernan and Jim Hooper were involved from the earliest days, when few were certain justice would even be considered in diplomatic efforts to bring peace and stability to the Balkans. Staff past and present, including Edgar Chen, Stefanie Frease and Eric Witte, provided expertise not only on the work of the tribunals but also on the countries and conflicts the tribunals were created to address. I want to highlight in particular Nina Bang-Jessen, CIJ's Executive Director, who so effectively combined expertise and advocacy. She oversaw the Coalition as it broadened its focus to include not only the former Yugoslavia but Rwanda, Cambodia, Sierra Leone and today, Darfur. Ongoing humanitarian catastrophes, Mr. Speaker, may frustrate us, but those who have worked at the Coalition for International Justice can take satisfaction knowing they did something about it and advanced the cause of international justice beyond where it otherwise would be. They have saved lives and brought war criminals to justice, and played a role in preventing future crimes against humanity. For that, we owe them our thanks and best wishes.

  • Freedom Denied: Belarus on the Eve of the Election

    Presidential elections in Belarus are scheduled to be held March 19, against the backdrop of stepped up repression by the regime of Alexander Lukashenka. The Belarusian strongman's power grab, begun a decade ago, has included liquidation of the democratically elected parliament, a string of fundamentally flawed elections and manipulation of the country's constitution to maintain power. A climate of fear following the disappearance of leading opposition figures in 1999 has continued with the harassment and arrests of opposition activists and the forced closure of independent newspapers. Rights violations in Belarus have intensified in the aftermath of the Orange Revolution in neighboring Ukraine, as the regime seeks to squelch dissent. The repressive environment has made it difficult for opposition candidates to engage in normal campaign activities. Meanwhile, administration of the elections at all levels remains firmly in the hands of Lukashenka loyalists.

  • European Court Rules in Critical Czech Desegregation Case; Equal Access to Education for Roma Remains Goal

    By Erika B. Schlager Counsel for International Law Summary In 1999, several Romani students from the Czech Republic brought a suit before the European Court on Human Rights alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated European human rights law.  On February 7, 2006, a seven-member Chamber of the Court held that the applicants failed to prove that their placement in “special schools” was the singular result of intentional racial discrimination.  The plaintiffs have 3 months to appeal to a 17-member Grand Chamber.  Elsewhere in Central and Southern Europe, Roma are also pursuing efforts to achieve equal access to education. Background During the Communist-era, many East European countries developed a practice of channeling Roma into schools for children with mental disabilities, called “special schools.”  Critics have argued that this practice constitutes, de facto, a form of segregating Roma into a separate and inferior school system. The Ostrava Case “Unsatisfactory performance of Gypsy children in Czech and Slovak schools is often “solved” by transferring the children to special schools for the mentally retarded. During the school year of 1970-71 in the Czech lands alone, about 20% of Gypsy children attended these special schools as against only 3% of children from the rest of the population. According to psychological tests the great majority of these children should not be in these schools. This indiscriminate transferring of Gypsy children to these special schools, which is the general practice, reflects unfavorably on the whole Gypsy population. A child who “graduates” from such a school has the same standing as a child who did not finish his basic schooling. Access to better employment opportunities is closed. Even art schools are closed to them, while persons with special musical talent - not uncommon among Gypsies - are shunned. Musical and dance groups are interested in these talented persons, however, they cannot employ them. “The main reason for the unsatisfactory performances of Gypsy children is the fact that there are no schools which teach Gypsy culture and try to develop it. The powers that be are, on the contrary, doing everything to suppress Gypsy culture and the media assists in this destruction by spreading lies, such as that Gypsy culture does not exist. Gypsy children are forced to attend schools where they are taught in the Czech or Slovak language and where, from the pictures in the primer, they get the impression that they are foreign, that they are second class citizens, without their own language, without a past and without a future.”   - Situation of the Gypsies in Czechoslovakia, Charter 77 Document No. 23, issued December 13, 1978 by Vaclav Havel and Dr. Ladislav Hejdanek, Charter 77 Spokesmen In 1999, a group of Roma from Ostrava, the Czech Republic’s third largest city, brought suit against their government, alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated Czech national and constitutional law, as well as European human rights law. At the time the case was brought, a number of Czech newspapers ran editorials indirectly espousing some form of school segregation.  For example, one leading newspaper ran an article arguing that educating a “future plumber” and a “future brain surgeon” together ultimately benefits neither one. On October 20, 1999, the Czech Constitutional Court rejected the plaintiffs’ claim.  In the view of the court, it did not have the jurisdiction to address the broad pattern of discriminatory treatment alleged – allegations supported by compelling statistical evidence but no smoking gun that proved an explicit intent to discriminate against the individual plaintiffs. Notwithstanding the Constitutional Court’s perceived jurisdictional inability to provide a remedy to the plaintiffs, the Court recognized “the persuasiveness of the applicants’ arguments” and “assume[d] that the relevant administrative authorities of the Czech Republic shall intensively and effectively deal with the plaintiffs’ proposals.” Having exhausted their domestic remedies, the students then turned to the European Court of Human Rights in Strasbourg, an organ of the Council of Europe. In connection with that suit, Case of D.H. and Others v. The Czech Republic, the Czech Government acknowledged that, nationwide, 75 percent of Czech Roma were channeled into special schools.  In some special schools, Roma made up 80-90 percent of the student body.  The Czech Government also acknowledged that “Roman[i] children with average or above-average intellect [we]re often placed in such schools” for children with mental disability. In opposing the plaintiffs’ claims, the Czech Ministry of Education attempted to deflect an examination of whether their placement in schools for the mentally disabled was the result of racial bias by claiming (among other things) that Romani parents have a “negative attitude” toward education. This assertion was particularly ironic, given the lengths to which the plaintiffs’ parents were willing to go – all the way to Europe’s highest human rights court – to ensure their children could get a good education. “In countries with substantial Romani communities, it is commonplace for Romani children to attend schools that are largely comprised of Roma or to be relegated to Roma classes within mixed schools. In its most pernicious form, segregation is achieved by routing Romani children into ‘special schools’ – schools for the mentally disabled – or into classes for mentally disabled children within regular schools”. - Report on the Situation of Roma and Sinti in the OSCE Area, issued by the OSCE High Commissioner on National Minorities, 2000 Moreover, this broad sweeping generalization, originally made before the Czech Constitutional Court, was viewed by some as confirmation of racial prejudice in the Czech education system. Remarkably, it was repeated without comment in the European Court’s decision.  Putting aside the bias reflected in the Ministry of Education’s assertion, there is no evidence demonstrating that a parent’s “negative attitude” results in actual mental disability in his or her children. Meanwhile, the Czech Government adopted some changes to the law on special schools which came into effect on January 1, 2005 (Law No. 561/2004) and on February 17, 2005 (Decree No. 73/2005).  To some degree, these changes were reactive to the issues raised by the Ostrava suit, including the criticisms of the procedures by which parental consent was purportedly obtained for the placement of children in special schools.  Nevertheless, non-governmental groups monitoring this situation argue that the changes have not dismantled an education system that remains effectively segregated and that the changes fail to provide redress or damages for the Romani plaintiffs from Ostrava who were denied equal access to mainstream schools. The case in Strasbourg was heard by a seven-member Chamber of European Court and resulted in a 6-1 decision.  Significantly, the President of the Chamber issued a concurring decision, in which he stated that some of the arguments of the dissenting judge were very strong.  He also suggested that in order to hold that there had been a violation of the Convention in this case, the Chamber might have to depart from previous decisions of the Court.  In his view, overturning or deviating from past rulings is a task better undertaken by the Grand Chamber of the Court.  The applicants have three months to decide whether to appeal this decision to a 17-member Grand Chamber. While the underlying issues which led Roma to bring this suit still persist, there are many indications that prejudices against Roma in the Czech Republic have diminished since the Ostrava case was first heard by the Czech Constitutional Court.  For example, when the European Court issued its holding in the case, a leading daily paper wrote that although the Czech Government “won” its case, there were still significant problems for Roma in the Czech educational system that needed to be addressed. Limitations of the European Court Decision Significantly, there were several issues the court did not address. The suit in question was brought under Article 14 of the European Convention on Human Rights, which is the non-discrimination provision of the Convention, in conjunction with Article 2 of Protocol 1 to the Convention, which provides for a right to education.  In essence, discrimination in education based on race, ethnicity or social origin is prohibited. When interpreting this standard, the Court referred to previous cases in which it held that States party to the European Convention “enjoy a certain margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a difference in treatment.”  The Court also reiterated “that the setting and planning of the curriculum falls in principle within the competence of the Contracting States.”  In short, while European Convention norms prohibit discrimination in education, States still have considerable discretion in designing their education programs.  But while the Court reiterated this jurisprudence, it failed to indicate what is meaningfully left of Articles 14 and Protocol 1, Article 2?  What threshold must be crossed before the court will actually determine that alleged discrimination takes a case out of the discretion of the States party to the Convention and brings it within the reach of the Court? Two other issues the court did not address do not relate so much to the court’s own jurisprudence, but from parallel developments in European Union norms in the field of non-discrimination. “The European Parliament [ . . . c]alls on Member States in which Roma children are segregated into schools for the mentally disabled or placed in separate classrooms from their peers to move forward with desegregation programmes within a predetermined period of time, thus ensuring free access to quality education for Roma children and preventing the rise of anti-Romani sentiment amongst school-children.” - European Parliament resolution on the situation of the Roma in the European Union, adopted April 25, 2005 In 2000, the European Union adopted “Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,” more commonly known as the “Race Directive.”  The directive is binding on all current 25 Member States of the European Union and is intended to ensure a minimum level of protection from race discrimination in all EU countries in several areas, including education.  (The fifteen countries that were EU members as of 2000 had until July 19, 2003, to transfer the directive into national law; applicant countries had until the date of their accession.  The Czech Republic joined the EU in 2004 but, in fact, it has not yet adopted comprehensive anti-discrimination legislation.  Legislation was introduced in the parliament in late 2005, but the draft was narrowly rejected by the Senate in January 2006.) The Race Directive requires Member States to adopt comprehensive anti-discrimination legislation that, among other things, requires anti-discrimination legislation to include both direct and indirect discrimination.  Indirect discrimination, which is at issue in the Ostrava case, is defined by the directive as occurring when “an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are proportionate and necessary.”  The legislation should also shift the burden of proof in civil cases from the plaintiffs to the defendants once a prima facie case of discrimination has been made. Thus, the EU Race Directive anticipates exactly the kind of case the plaintiffs in the Ostrava case presented.  Under the provisions of the directive, the overwhelming pattern of disparate treatment of Roma demonstrated by the plaintiffs should shift the burden of proof from them to the Czech Government.  (Notably, the directive was not applicable to the Czech Republic at the time of the Constitutional Court’s decision.) While the European Court of Human Rights does not adjudicate compliance with or implementation of the EU Race Directive, the Court’s overall approach to the Ostrava case appears to lag behind the legal developments in the European Union and, potentially, render the European Court a less effective vehicle for addressing discrimination than other existing or emerging tools in Europe. Regional Issues and Trends On November 27, 2003, the OSCE Permanent Council adopted “Decision No. 566, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.”  In particular, that Action Plan calls on the participating States to “[e]nsure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.”  In addition, participating States were urged to: 73.  Develop and implement comprehensive school desegregation programmes aiming at:  (1) discontinuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and  (2) transferring Roma children from special schools to mainstream schools. 74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education. Thus, all OSCE participating States, including the Czech Republic, have agreed, in principle, to the goal of integrating Roma in education and eradicating de facto segregated school where it may exist. In 2004, the European Roma Rights Center issued a report, Stigmata: Segregated Schooling of Roma in Central and Eastern Europe, examining the experiences of five countries (Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia).  The report describes the most common ways of segregating Romani children from non-Roma: channeling Roma into “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with existence of Romani ghettos; having mixed-population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” In addition to the countries examined in Stigmata, the European Roma Rights Center has reported on unequal access to education for Roma in other countries, including Greece and Denmark.  In a 2004 Danish case, Roma were placed into separate classes in one particular locality.  Following complaints from a Romani non-governmental organization, the Danish Ministry of Education intervened to end this practice.  In the case of Greece, the Greek Helsinki Monitor has reported on several localities where Roma are denied equal access to schools.  These cases remain unresolved. In Hungary and Bulgaria, some efforts to litigate this issue have made their way into the courts, with mixed results. “Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong immediate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision-makers and by Roma and Sinti communities. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.” - OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, 2003 In October 2004, the Budapest Metropolitan City Court of Appeals upheld a lower court decision ordering a primary school and the local government of Tiszatarjan to pay damages to nine Romani families whose children were wrongly placed in “special schools” between 1994 and 1999.  In June 2005, a court dismissed a case brought against the Miskolc Municipality alleging city-wide segregation.  A Hungarian non-governmental organization which assisted in filing the suit, Chance for Children Foundation, is appealing.  Other legal disputes continue to surround a self-proclaimed “private school” in Jaszladany (established at least in part with municipal resources).  A study commissioned by the Ministry of Education found the “private school” violated the law and contributed to racial segregation. Notwithstanding some recent government initiatives to address this problem in Hungary, desegregation initiatives have met resistance in significant quarters.  Former Prime Minister Victor Orban (who also heads of Hungary’s largest opposition party, FIDESZ), argued in a speech on January 29, 2006, that integrated schooling should not be mandatory, but left to local officials and parents to “choose” or reject.  In fact, the greatest resistance to integrated schooling often comes at the local level. In Bulgaria – where the government continues to deal with Roma through an office for “demographic issues” – efforts to address the causes of segregation have largely originated with the non-governmental community.  Particularly promising results have been achieved in Viden, where community-based efforts, supported by international non-governmental organizations, have resulted in integrating Roma and ethnic Bulgarian school children.  Efforts to replicate that program elsewhere, however, have not been embraced by the government. In addition, in a landmark holding, the Sofia District Court held on October 25, 2005, that the Bulgarian Ministry of Education, the Sofia Municipality and School Number 103 of Sofia violated the prohibition of racial segregation and unequal treatment provided in Bulgarian and international law.   In welcoming that ruling, the European Roma Rights Center declared, “After a period of 51 years, the soul of Brown v. Board of Education has crossed the Atlantic.”

  • Accountability of Those Serving in International Forces and Missions

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

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

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

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

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

  • Religious Freedom in Uzbekistan and Turkmenistan

    Hon. Chris Smith, Co-Chairman of the Helsinki Commission, highlighted key policies of repression by Uzbekistan such as refusing registration for religious groups seeking legal status and perpetrating acts of aggression against members of these groups, and emphasized the lack of religious freedom for practicing Muslims in the country. Additionally, recent violations of religious freedom in Turkmenistan in spite of attempts at reform were evaluated. Witnesses testifying at the hearing - Witness One, a Baptist from Turkmenistan; Felix Corley, Editor of Forum 19 News Service; John Kinahan, Assistant Editor of Forum 19 News Service; and Joseph K. Grieboski, President of the Institute on Religion and Public Policy – presented personal testimonies and illustrated the importance of addressing the commitments of the governments of Turkmenistan and Uzbekistan to upholding religious freedom as members of the Organization for Security and Cooperation in Europe.

  • The Dayton Agreement's Tenth Anniversary

    Mr. Speaker, the tenth anniversary of the Dayton "General Framework Agreement for Peace in Bosnia and Herzegovina" is being commemorated here in Washington, in Dayton, Ohio, and in various European capitals.   Despite its shortcomings, the Dayton Agreement has, in fact, formed the basis for maintaining peace in Bosnia and Herzegovina and building a country devastated by a horrible conflict that included atrocities on a scale not seen in Europe since World War II. The very fact that discussions now center on moving beyond the confinement of Dayton's provisions through constitutional reform is a confirmation of the agreement's success. This success, as is widely known, did not come easily but required constant pressure from the international community.   One area of particular concern to me has been the necessity, recognized in Dayton, to cooperate fully with the International Criminal Tribunal for the former Yugoslavia, located in The Hague and commonly known as ICTY, in order to punish those responsible for war crimes, crimes against humanity and genocide. Officials in Republika Srpska, one of the two political entities into which Dayton divided Bosnia and Herzegovina, have been particularly recalcitrant in this regard, and most persons captured in this entity have been through the efforts of NATO-led peacekeeping units. Officials in Serbia have also resisted cooperating with The Hague in transferring indictees and providing access to evidence and witnesses.   Fortunately, a combination of outside pressure--including conditionality on assistance and on Euro-Atlantic and European integration--and increasing revelations of the true nature of the Milosevic regime and its activities have led to considerable improvements in the last year. Many more individuals have now been taken into custody. Both in Bosnia and in Serbia, it is increasingly recognized that cooperation with international tribunal will not go away as a demand of the international community. Some go a step further and note that the same criminal circles which harbor persons indicted for war crimes, crimes against humanity and genocide also undermine democratic institutions and thwart economic recovery. Some, but too few, also see it as a moral necessity to recognize the horrors that were committed in name of the nation.   I applaud the efforts of those brave persons representing non-governmental organizations who have helped to document the atrocities which have taken place and increased public awareness of what really happened. I am also pleased to know that, ten years after Dayton, a War Crimes Chamber in the Courts of Bosnia and Herzegovina has been established and, with continued assistance, will relieve ICTY's work load and continue its work as necessary. Together, prosecuting war crimes will provide justice to the victims, strengthen the rule of law in the region, and hopefully serve to deter future war criminals from committing crimes against humanity.   There would be added enthusiasm for commemorating Dayton, however, if it were coupled with the arrest and transfer of Ratko Mladic and Radovan Karadzic, who have been indicted by ICTY particularly for their responsibility regarding the genocide at Srebrenica in July 1995. The House commemorated the anniversary of that horrific event in which almost 8,000 individuals, mostly men and boys, were massacred in the days following an assault on the undeclared "safe haven." Other at-large indictees also must be arrested and transferred.   I therefore use this time, the commemoration of the Dayton Agreement signed ten years ago, to call upon those authorities in Serbia and in the Republika Srpska entity of Bosnia and Herzegovina to do the right thing, apprehend the remaining indicted persons, transfer them, and erase this as an outstanding issue not only in our bilateral relations but as an obstacle to integration. In the meantime, Mr. Speaker, I call upon my colleagues to continue to support efforts that require consideration of ICTY cooperation as a determinant of U.S. policy.

  • Ten Years After Dayton

    Mr. Speaker, ten years ago this month a genocidal conflict was brought to an end in the Balkans. By initialing a "General Framework for Peace" at Wright-Patterson Air Force Base near Dayton, Ohio, on November 21, 1995, Bosnia and Herzegovina emerged from almost four years of that conflict wondering whether it could survive as an independent unitary state and recover from the utter destruction not only of its towns and cities but of its own, multi-ethnic society. Time dulls our recollection of what the carnage in Bosnia was really about, so I believe it important to recall the nature of this, the most horrific phase of Yugoslavia's violent and bloody demise. Active on the Helsinki Commission which I co-chair today, I took part in many sobering hearings which documented the atrocities and discussed policy responses. The Bosnian conflict was, in large part, characterized not by opposing military forces but by groups of thugs, armed and orchestrated by the Milosevic regime in Serbia, wreaking havoc on innocent civilians. Tens of thousands were raped or tortured in detention centers and camps established across the country. While figures may vary substantially, the death toll is commonly estimated at about 200,000, while two million people--half the country's population--were displaced. We can well remember the photos of emaciated detainees at Omarska, the live coverage of the shelling and siege of Sarajevo, and the recently released video footage of the execution of captured young men near Srebrenica. While the decreasing advantages enjoyed by the Serb militants by late 1995 made a settlement possible, the Dayton Agreement did, in fact, help to bring this nightmare to an end. At the same time, we cannot ignore the fact that its compromises reflect a failure by the international community, including the United States, to intervene much earlier in the conflict in response to clear violations of international principles and what many, including myself, consider genocide. The international community repeatedly failed to take decisive action, including the credible threat of the use of force, to compel the brazen Serb militants to stop their aggression. Instead, time was spent deploying peacekeeping forces under United Nations auspices when there was no peace to keep. UNPROFOR's presence thwarted more effective responses, such as lifting the arms embargo which denied the sovereign country of Bosnia and Herzegovina its right, as a member of the United Nations, to defend itself. As town after town, including some declared to be "safe-havens" by the United Nations, fell to the forces of ethnic cleansing, the international community acquiesced to a reality, codified by Dayton, of a country divided into two political entities characterized by an ethnic bias unworthy of 21st century democracy. One entity is a Bosnian Federation forged by the United States in 194 between Bosnia's Muslims or Bosniaks, and Croats. The other entity, Republika Srpska, is dominated by Serbs and represents what the militants among them started the conflict to create. The compromises accepted at Dayton, influenced by years of international inaction, also have made subsequent implementation difficult, and extremely expensive in terms of personnel, equipment and funds. Many persons indicted for war crimes, crimes against humanity and genocide evaded justice for years, some to wreak havoc later in Kosovo and elsewhere, and some like Ratko Mladic and Radovan Karadzic, remain at large. With the economy destroyed and both organized crime and official corruption rampant, the people of Bosnia and Herzegovina became passive and dependent on the international community for their very survival. Perhaps the greatest flaw in the Dayton Agreement was its heavy reliance on Slobodan Milosevic himself to follow its terms, which he did only under considerable pressure. Betting on the man most responsible for igniting the conflict meant undercutting the development of democratic forces in Serbia which are necessary for the long-term stability of southeastern Europe. Many of us worked hard to correct this flaw in the immediate post-Dayton years, and continue to encourage democratic forces in Serbia to reckon fully with the Milosevic legacy. Fortunately, along with the eventual ouster of Slobodan Milosevic in Serbia, we have seen more vigorous and positive action to move ahead in Bosnia and Herzegovina during the past five years. More of the displaced have returned to their original homes than was thought possible when Dayton was negotiated. It hasn't been easy for many who return as members of a minority population, but determination has helped them to prevail. More and more individuals indicted by the International Criminal Tribunal for the former Yugoslavia, including Milosevic, have been transferred to The Hague, and, at a recent Helsinki Commission briefing, we learned that Bosnia's own War Crimes Chamber has been established and is ready to conduct sensitive trials in accordance with the rule of law. Srebrenica is being acknowledged as the crime that it was. Defense and police reform are underway, helping to pave the way for Bosnia's further Euro-Atlantic and European integration. The region around Brcko, so brutally contested during the conflict that not even Dayton could determine its status, now provides a model of multiethnic cooperation and economic recovery for the rest of the country. There are now discussions of constitutional reforms which, if adopted, will hopefully make the country of Bosnia and Herzegovina a sum of its citizens and not a balance of its ethnicities. If the Dayton Agreement succeeded in anything, Mr. Speaker, it was because its detailed provisions and improved implementation have provided the people of Bosnia and Herzegovina with both the parameters of a state and enough time to bring their country back from the abyss. I have increasing confidence that they will succeed in moving from what was admittedly a "General Framework for Peace'' to a solid basis for unity, freedom, prosperity and integration. In the meantime, the international community has much it still needs to learn and develop. The conflict in Bosnia and Herzegovina gave new purpose to NATO and enabled it to begin operating out of area. Fifty years after the Holocaust, those who commit war crimes, crimes against humanity and genocide no longer operate with complete impunity. Still, the international community, whether the United States and its allies, regional bodies or the United Nations, remains slow in responding to human suffering, or in recognizing the implications massive human rights violations can have on international security. It too readily accepts the reality of innocent people being attacked, brutalized and killed. Look at the response during the assault on Srebrenica and then at the response to Darfur today; the similarities are strong. I therefore hope, Mr. Speaker, that Dayton's tenth anniversary is commemorated in a way that includes not only encouragement for Bosnia and Herzegovina to move beyond the agreement's limiting provisions, but encouragement for all policymakers to learn from the lessons of inaction in the face of evil.

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

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

  • Human Rights in Iran: Prospects and the Western Response

    By Ronald J. McNamara, International Policy Director In response to ongoing developments in Iran, on June 9 the U.S. Commission on Security and Cooperation in Europe, also called the U.S. Helsinki Commission, held a hearing entitled, “The Iran Crisis: A Transatlantic Response,” to examine the continuing pattern of serious human rights violations in Iran and consider how to formulate an effective transatlantic response. The hearing is part of a series to explore emerging threats to countries in the OSCE region. Iran shares borders with several OSCE participant States: Armenia, Azerbaijan, Turkey, and Turkmenistan and also borders Afghanistan, an OSCE Partner for Cooperation. Commission Chairman Senator Sam Brownback (R-KS) focused squarely on the deteriorating human rights climate in Iran: “Across the border, Iran's human rights record is dismal and getting worse. The Iranian regime employs all of the levers of power to crush dissent, resorting in every form of persecution, even so far as execution. No effort is spared to silence opposition.” “Freedom denied” sums up the regime’s approach to fundamental human rights across the board, observed Chairman Brownback, “the tyrants in Tehran time and time again have shown a zeal for crushing outbreaks of free thought. Having come down hard on vestiges of independent media, the regime has pursued those who sought refuge on the Internet as a domain for democratic discussion.” Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) drew attention to the extensive economic ties between many European countries and Iran, suggesting that such interests influence policy toward Tehran. Smith also questioned the effectiveness of existing UN human rights structures and the need for major reform of the system. Dr. Jeff Gedmin, Director of the Aspen Institute Berlin, testifying before the Commission, noted the paradigm shift in U.S. foreign policy following the 9/11 terrorist attacks: “It’s changed our thinking about democracy, not only for the moral reasons, but because, as the president and others have said, the old realism, the old stability sort of policies didn't keep us safe, either. They weren’t fully moral, and they didn’t keep us safe.” Gedmin urged a more assertive approach toward Iran that would link the security approach and the human rights and democracy approach, and warned against concentrating on the former to the exclusion of the latter. Gedmin called for ensuring that promotion of democracy is part of any dialogue with the regime, while admitting that European commercial interests could complicate matters. In his testimony, Tom Melia, Deputy Executive Director of Freedom House, focused on the dynamics of democracy promotion more generally and efforts to foster related U.S. and European cooperation through the Trans-Atlantic Democracy Network initiative involving senior government officials and NGO activists from both sides of the Atlantic. He admitted that there are a variety of European perspectives on how best to encourage democratic change, contrasting “the more traditional Western European officials around Brussels and the newly arrived officials from Central and Eastern Europe….who are willing to be strong allies.” Citing the recently released report How Freedom is Won, Melia noted that broad civic engagement can speed democratic reform and that the absence of opposition violence in the struggle for change ultimately enhances the prospects for consolidation of democracy. Turning to Iran, he noted that the June 17th elections in that country “are not about filling the offices that matter in Iran.” Ms. Goli Ameri, Co-Founder of the Iran Democracy Project, addressed the complexities faced by Iranian-Americans who have thrived in the freedom and opportunity offered in the United States, and who hope that such liberties will be seen in Iran itself. She explained some of the differing approaches advocated within the community: “In my experience, there are three different views on U.S. policy towards Iran amongst Iranian-Americans. One group believes that the U.S. needs to take an active role and make regime change an official U.S. policy. The second group believes that freedom from decades of oppression can only come from the Iranian people themselves without any type of outside involvement.” Ameri continued, “In my travels, the majority of Iranian-Americans I met have a third, more considerate way in mind. They speak as concerned citizens of the United States and independent of political opposition groups or extremist political doctrines. They care about U.S. long-term interests as much as they care for their compatriots in Iran…Iranian-Americans support the promotion of a civil society and a civil movement in Iran. However, they want to ascertain that the format of support does not hurt the long-term security and interests of the United States, as well as not sully the mindset of the Iranian people towards the United States.” Ameri emphasized that Iranian-Americans, “differentiate between support for civic organizations and support for opposition groups, with the latter being of zero interest.” Dr. Karim Lahidji, an Iranian human rights activist since the late 1950s who fled Iran in 1979, pointed to contradictions that exist within the Islamic Republic of Iran, including the “farce” that the regime is somehow based on popular sovereignty. He noted that “power itself is dual in the sense that, on one hand, there is this [unelected] supreme guide, who is kind of a Superman, who supersedes over the other branches of government” and exercises “100 percent real executive power.” Under the current structures in place in Iran, Lahidji stressed, “the underlying and governing principle, it's not equality. It is discrimination that really rules” in which “the rights of the common citizen are different from the rights of Muslims, or the rights of non-Muslims are different from the rights of Muslims. Women don't have the same rights as men. But common people don't have the same rights as the clergy.” He concluded, “Under the present constitution, any reform of the power structure in the country that would lead to democracy or respect of human rights is impossible.” Manda Ervin, founder of the Alliance of Iranian Women, focused on the daily difficulties facing the average Iranian, including rising unemployment, unpaid workers, and other hardships that have spawned manifestations of civil disobedience that are in turn repressed by security and paramilitary forces. Hunger strikes and sit-ins by university students and journalists are common and are met with repression by the authorities. Citing arrests of activists, including members of the Alliance of Iranian Women, Ervin stated, “The regime of Iran practices gender apartheid and legal abuse of children. The constitution of this regime belongs to the 7th century and is unacceptable in the 21st century.” In an impassioned conclusion Ervin said, “the people of Iran need our support, our moral support, our standing in solidarity with them. They don't want words any more. They don't trust words. They want actions. They want United States and Europe to stand together against the regime of Iran.” The panelists repeatedly cited Iranian youth and the efforts of NGO activists as key elements in building a brighter future for Iran. 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.

  • Examining Efforts to Eradicate Human Trafficking

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

  • The Uzbekistan Crisis: Assessing the Impact and Next Steps

    This hearing focused on the protests in the Andijon that were met by a violent government response and the lack of meaningful democratization reform in Uzbekistan. The Commissioners touched on the lack of separation of powers in the government and the authoritarian governing institutions that cannot produce a reliable investigation into the violent government response to the protest. Human rights activists and journalists from Uzbekistan gave testimony on their experience of the oppressive leadership of the government and first-hand account of the horrific and bloody response by the government police to remove peaceful protestors. The hearing discussed what actions the United States can take, within the OSCE framework, to push for meaningful reform.

  • Meeting the Demographic Challenge and the Impact of Migration

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

  • Exploiting Americans on American Soil: Domestic Trafficking Exposed

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

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