Chairman Hastings Welcomes Release of Country Reports on Human RightsThursday, March 14, 2019
WASHINGTON—Following yesterday’s release by the State Department of the Country Reports on Human Rights Practices for 2018, Helsinki Commission Chair Rep. Alcee L. Hastings (FL-20) issued the following statement: “I welcome the release of this year’s Country Reports on Human Rights Practices. These reports, mandated by law and prepared by the Department of State, exemplify Congress’ intent to keep human rights front and center in U.S. foreign policy. As members of Congress consider foreign assistance and military aid, as we build alliances and take the measure of our foes, these reports help ensure that democracy and fundamental freedoms are given full consideration.” The annual Country Reports on Human Rights Practices cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The State Department must submit these reports to Congress on an annual basis, in accordance with the Foreign Assistance Act of 1961 and the Trade Act of 1974, which require that U.S. foreign and trade policy take into account countries’ performance in the areas of human rights and workers’ rights.
U.S. Congressional Delegation Defends Human Rights, Regional Security at OSCE PA Winter Meeting in ViennaWednesday, February 27, 2019
Led by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS), 12 members of Congress traveled to the OSCE Parliamentary Assembly (PA) Winter Meeting in Vienna in late February to demonstrate the commitment of the United States to security, human rights, and the rule of law in the 57-nation OSCE region. Sen. Wicker, who also serves as a vice-president of the OSCE PA, was joined in Austria by Sen. Bob Casey (PA), Sen. Martin Heinrich (NM), Sen. Tom Udall (NM), Sen. Mike Lee (UT), Sen. Chris Van Hollen (MD), Rep. Roger Aderholt (AL-04), Rep. Lloyd Doggett (TX-35), Rep. Richard Hudson (NC-08), Rep. Sheila Jackson Lee (TX-18), Rep. Gwen Moore (WI-04), and Rep. Lee Zeldin (NY-01). The bipartisan, bicameral delegation was one of the largest U.S. delegations to a Winter Meeting in OSCE PA history. During the meeting of the Committee on Political Affairs and Security, Sen. Wicker criticized the Russian Federation for its interference in U.S. elections, as well as in elections held by other OSCE countries. “It is indisputable that the Russian Government seeks to attack and even undermine the integrity of our elections and of our democratic processes,” he said. “We must all be more aware of—and proactive in countering—Russia’s efforts to undermine the democratic process throughout the OSCE region.” In the same session, Rep. Hudson lamented Russian non-compliance with the Intermediate-Range Nuclear Forces (INF) Treaty, underlining that “an INF Treaty with which all parties comply contributes to global stability; an arms control treaty that one side violates is no longer effective at keeping the world safer.” Rep. Hudson further stressed that “in light of our six-months’ notice of withdrawal, the Russian Government has one last chance to save the INF Treaty by returning to full and verifiable compliance. We hope and pray Russia will take that step.” In the meeting of the Committee on Economic Affairs, Science, Technology, and Environment, Rep. Hudson also noted the danger that the Nord Stream II pipeline poses to Europe. “Simply put, we cannot allow Russia to dramatically increase its stranglehold on European energy,” he said. “We must look for alternatives and make sure our democratic institutions cannot be held hostage over energy supply as Nord Stream II would promote.” Later in the same session, Rep. Moore advocated for the adoption of beneficial ownership transparency to combat globalized corruption. “Anonymous shell companies are the means through which much modern money laundering occurs,” she said. “We in Congress are working hard to plug the loopholes in the U.S. financial system that have enabled anonymous shell companies to proliferate.” In a debate on restrictions on human rights during states of emergency during the meeting of the Committee on Democracy, Human Rights and Humanitarian Questions, Rep. Jackson Lee argued, “A state of emergency is not a free pass to dismantle a free press,” nor to threaten academic freedom or freedom of religion. She called on Turkey to release local U.S. Consulate employees Metin Topuz and Mete Canturk, as well as American physicist Serkan Golge. At the closing session, participants reviewed reports submitted by Sen. Ben Cardin (MD), OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance, and Rep. Chris Smith (NJ-04), OSCE PA Special Representative on Human Trafficking Issues. Rep. Moore encouraged other delegations to share with Sen. Cardin their efforts to implement their commitments to address violence and discrimination, while Rep. Zeldin called for legislative action and enforcement to make “every community in the OSCE region trafficking-free.” While in Vienna, Rep. Jackson Lee also attended a meeting of the OSCE PA Ad Hoc Committee on Migration, of which she is a member, while Rep. Hudson took part in a meeting of the Ad Hoc Committee on Countering Terrorism, where he serves as a vice chair. Prior to attending the Winter Meeting, most members of the delegation also attended the Munich Security Conference, the world’s leading forum for debating international security policy. On the margins of the conference, the group met with leaders including Serbian President Aleksandar Vucic, INTERPOL Secretary General Jurgen Stock, and Turkish Defense Minister Hulusi Akar. The delegation was briefed by NATO Supreme Allied Commander Europe Gen. Curtis Scapparotti and Commander, U.S. Army Europe Lt. Gen. Christopher Cavoli. Members also visited Cyprus, where they met with Cypriot President Nicos Anastasiades to discuss opportunities to advance U.S.-Cyprus relations, resume reunification negotiations on the island, and counter the threat of money laundering to Cyprus’ banking sector. Major General Cheryl Pearce of Australia, Force Commander of the United Nations Peacekeeping Force in Cyprus, briefed the delegation on UNFICYP’s mission and the status of conflict resolution efforts. Following her briefing, the delegation toured the UN Buffer Zone to examine the work of the UN’s peacekeeping force and the physical separation that afflicts the island.
Helsinki Commission Welcomes Confirmation of New Human Trafficking Ambassador-at-LargeTuesday, October 16, 2018
WASHINGTON—Following the confirmation by the U.S. Senate of John Cotton Richmond to be Ambassador for Trafficking in Persons and the Director of the U.S. Department of State’s Office to Monitor and Combat Trafficking in Persons (J/TIP), Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) issued the following statements: “Ambassador Richmond brings a wealth of expertise, commitment, and compassion to his new role leading the federal government’s domestic and global response to human trafficking,” said Chairman Wicker. “He understands how to prosecute traffickers, protect victims, and prevent future trafficking.” “Ambassador Richmond has demonstrated a strong commitment to thorough research and evidence-based action on sex and labor trafficking,” said Co-Chairman Smith, who also serves as the Special Representative on Human Trafficking Issues to the Organization on Security and Cooperation in Europe Parliamentary Assembly President. “These traits will serve him well as he oversees the development of the State Department’s annual Trafficking in Persons Report—our most successful diplomatic tool to promote best practices and ensure accountability.” Most recently, Ambassador Richmond was the director of the Human Trafficking Institute, a nonprofit in Washington, D.C., devoted to empowering police and prosecutors to stop traffickers. He also has firsthand experience as a federal prosecutor in the U.S. Department of Justice’s Human Trafficking Prosecution Unit and has served as an expert on human trafficking for the United Nations and the European Union. Additionally, he was the director for the International Justice Mission’s anti-slavery work in India. In his new role, Ambassador Richmond will coordinate federal government agency efforts to combat human trafficking and assist victims in the United States, as well as assist other countries in meeting their commitments under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol). Ambassador Richmond will also oversee the development of the State Department’s annual Trafficking in Persons Report, which lays bare the record of 189 countries, summarizing a country’s progress and offering concrete recommendations for progress. Both the report and the Ambassador-at-Large position were created by Co-Chairman Smith’s Trafficking Victim’s Protection Act of 2000 and its reauthorizations.
The Backpage.com BustTuesday, October 09, 2018
By Felicia Garcia, Max Kampelman Fellow On April 6, 2018, customers in search of sexual services on massive ad marketplace Backpage.com were met with U.S. law enforcement agency logos and the words “Backpage.com and affiliated websites have been seized.” Backpage.com, the world’s second largest classified advertising website—which operated in 97 countries and had an estimated value of more than $500 million—was seized for allegedly promoting and facilitating sex trafficking of adults and children. The website company has been accused of not only knowingly advertising sexual services, but also of turning a blind eye to the sexual exploitation of women and children. In all, the U.S. Department of Justice (DoJ) has charged seven individuals in a 93-count federal indictment for facilitation of prostitution and money laundering. The seizure of Backpage.com occurred just days before President Trump signed a new law that allows trafficking victims and state prosecutors to target websites that create a market for human trafficking. The Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Trafficking Act (SESTA)—referred to jointly as FOSTA/SESTA—were written to curtail online sex trafficking by making it “a federal crime to own, manage, or operate a website with the intent to promote or facilitate prostitution.” The legislation allows state prosecutors to levy charges against individual websites without relying on the intervention of federal law enforcement. It also ensures that trafficking victims who were advertised on such websites can sue the websites that profited from their exploitation. With the combination of the Backpage.com seizure and FOSTA/SESTA, Bradley Myles, CEO and executive director of the Polaris Project, found that “the online sex market has rapidly transformed from centralized and crowded to dispersed and sparse. Drop in Online Sex Ad Volume One of the biggest victories of the Backpage.com seizure and SESTA/FOSTA law has been the immediate reduction in ads. According to data collected by web search tool Memex and analyzed by Rob Spectre, CEO of childsafe.ai, commercial sex ads dramatically decreased immediately after the Backpage.com seizure. According to Spectre, over the past several months there has been a marked downward shift in the online sex market, with an analysis of North America showing a 62 percent reduction in sex advertising online. Spectre found that nationwide, these ads dropped from approximately 2,750,000 in March to 1,000,000 ads in April—and many of these remaining ads are duplicates. Prior to the closure of Backpage.com, law enforcement agencies struggled to sift through millions of sex ads posted in search of likely trafficking victims using tools like Memex, TraffickJam, and Spotlight. Their job was made even more difficult by the efforts of Backpage.com and others to hide the telltale signs of human trafficking—such as words or images that conveyed that the victim was a child—in the ads. Traffickers risked posting their victims online because they could hide like a needle in the haystack; now they have less “haystack” to hide in. Buyers are also feeling the haystack effect. Previously anonymous because of the crowded marketplace, they can no longer easily hide from law enforcement—and this fear of discovery seems to have depressed demand. In attempts to fight trafficking, the New York Police Department Human Trafficking Team has operated a demand deterrence program where they posted fake ads every day and recorded the number of responses. After the Backpage.com seizure, responses to decoy ads dropped 64 percent. “Perception of risk in this population [of buyers] is now at an all-time high,” said Spectre. More Victims Coming Forward The dramatic decline in the online sex trafficking market also seems to have created conditions where sex trafficking victims are coming forward for services. In his research, Spectre found that "all victims' groups are reporting increases in self-referrals with some shelters indicating in the immediate aftermath that demand [for services] doubled. Beds have always been scarce in every American market—now LE [law enforcement] agencies are reporting they are almost impossible to find." New Challenges While the dramatic decline in online sex ads is a remarkable accomplishment, the change in online slave markets will require law enforcement and NGOs to adapt to effectively continue the fight against human trafficking. For example, the seizure of Backpage.com left a market with buyers looking for a place to go. Some more daring sex service websites are now competing fiercely for customers and finding ways to attract more traffic onto their sites by duplicating ads and soliciting first time buyers. Monitoring efforts by law enforcement that were previously focused on Backpage.com now must be scattered among dozens of smaller websites. Analyzing data collected from a diffuse market rather than a centralized one makes the process even more difficult—but not impossible. Since April, Memex, TraffickJam, and Spotlight have been updating their law enforcement tools to be effective in a post-Backpage.com market. Companies also are finding creative ways to manage the new risks of selling sex online. Some online website companies that profit from prostitution and trafficking are moving offshore to reduce the risk of government interference, to continue their connections with their current customers, and to extend their reach to new customers. Such offshoring makes it more difficult—but not impossible—for U.S. law enforcement to prosecute these websites. Experts are also watching for any other unintended side effects of the Backpage.com closure, such as an increase in risky or illegal activity. For example, law enforcement agencies in Riverside County, CA, report that prostituted individuals are forced by their pimps or traffickers to meet the same quota as they were when they were advertising online, putting them in an even more dangerous situation as they are forced to work on the streets, private residences, and at truck stops. Adapting to these new challenges in the United States may require action from Congress, including funding to properly equip law enforcement agencies with efficient monitoring tools and dedicated staff to use those tools; promotion of cooperation and information-sharing among law enforcement agencies, non-profit organizations, and governments at the local, regional, and federal level; and demand reduction through preventative action and prosecution of buyers and traffickers. Since many companies are offshoring their business in fear of being sued by trafficking victims or prosecutors in the United States, other OSCE participating States must be vigilant to ensure that their State—and population—do not become the new victims of exploitative websites. In 2017, the OSCE Ministerial Council called on participating States to hold accountable those who misuse the Internet Communication Technologies to knowingly or recklessly facilitate access to children for sexual exploitation or child trafficking—such as by advertising children on websites—highlighting that such individuals should be prosecuted as traffickers.
Politically-Motivated (In)JusticeThursday, September 27, 2018
Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers. In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party. Lithuanian prosecutors have charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece from being returned to the accused mother. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty for bruising the officer who was returning the girl to the accused mother during the trial. The hearing explored the limits of extradition among allies, especially when charges appear politically motivated. Witnesses discussed the evidence of political motivation, including statements made publicly by the recent Chairman of the Lithuanian Supreme Court calling Judge Venckiene “an abscess in the judicial and the political system,” and “the trouble of the whole state.” Several witnesses argued forcefully that these and other actions by Lithuanian authorities demonstrate blatant political motivation. Dr. Vytautas Matulevicius, a member of the Seimas from 2012 to 2016 for the anti-corruption political party led by Judge Venckiene said, “...[T]he case of N. Venckienė itself can be regarded as a typical recurrence of the Soviet legal system—a person who talks too much about the crimes of influential people can be turned into a criminal herself.” Human rights litigator Abbe Jolles calling Judge Venckiene’s extradition to a system with “no chance of a fair trial” a “likely death sentence.” The hearing examined other lenses through which to view the legal case for extradition. Law Professor Mary Leary explored the definitions of human trafficking established by Trafficking Victims Protection Act of 2000 (P.L. 106-386) and by the Palermo Protocol. She advised that [as has been alleged], “if evidence exists that the abusers provided financial and other benefits to the mother of the child victim, this child sexual abuse could also implicate child sex trafficking.” Concerns were also raised about the humanitarian standards of the Lithuanian prison system. As Ms. Jolles noted, several countries have previously refused Lithuanian extradition requests over concerns of unacceptable conditions and the possibility of torture. In addition, the United States cited Lithuania in a 2017 report for prison conditions below international standards. The litany of charges against Judge Venckiene that have been added and subtracted was also considered. In particular, the legitimacy of the charge of assaulting a police officer during the seizure of her niece was questioned. It remains unclear why Lithuanian prosecutors did not arrest Judge Venckiene while she was living in Lithuania for a year after the alleged assault, or why they would have allowed an alleged felon to immigrate to the United States and reside there for over two years before eventually filing for her extradition. This, again, suggested the possibility of political motivation behind the charges. The Government of Lithuania was invited to participate in the hearing, or to suggest a witness to represent its perspective, but declined. Instead, the Embassy of Lithuania provided a written statement.
Helsinki Commission to Explore Extradition Case of Lithuanian Judge Neringa VenckieneTuesday, September 25, 2018
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: POLITICALLY-MOTIVATED (IN)JUSTICE? THE EXTRADITION CASE OF JUDGE VENCKIENE Thursday, September 27, 2018 2:00 p.m. Rayburn House Office Building Room 2261 Live Webcast: http://www.youtube.com/HelsinkiCommission Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers. In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party. Lithuanian prosecutors have since charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty. The hearing will explore the limits of extradition among allies, especially when charges appear politically motivated. Witnesses will also discuss whether the bilateral extradition treaty would protect Judge Venckiene from additional charges and civil suits if she were extradited. Witnesses scheduled to testify include: Karolis Venckus, Son of Judge Neringa Venckiene Dr. Vytautas Matulevicius, Member of Lithuanian Parliament, Way of Courage Party (2012-2016) Abbe Jolles, Esq., International Human Rights Litigator, AJ Global Legal Professor Mary G. Leary, Catholic University of America, Columbus School of Law
The Human Dimension is a Parliamentary PriorityFriday, September 21, 2018
Each September, the OSCE focuses considerable attention on its body of commitments in the human dimension, ranging from human rights and fundamental freedoms, to democratic norms and the rule of law, to tolerance in society and other humanitarian concerns. For two weeks, the participating States and interested non-governmental organizations gather in Warsaw, Poland, to review implementation of OSCE commitments in each of these areas. This Human Dimension Implementation Meeting (HDIM) is organized under the auspices of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Other OSCE institutions, like the High Commissioner for National Minorities and the Representative on the Freedom of the Media, also participate in the exchange of views. Traditionally, the OSCE’s Parliamentary Assembly (OSCE PA) is also represented at the meeting, and its presence this year was particularly strong. About the OSCE PA The OSCE PA is one of the original institutions of the OSCE and consists of 323 parliamentarians who gather three times a year, including at an annual session each summer where resolutions are adopted. Today’s high-profile OSCE work on human trafficking, anti-Semitism, and media freedom began years ago with initiatives undertaken by the assembly and transferred at the urging of parliamentarians to national governments for concrete follow-up activity. Decision-making in the OSCE PA is usually based on a majority vote, which contrasts with the consensus needed among government representatives in OSCE diplomacy. This allows the Assembly to address issues, particularly in the human dimension, in a way that reflects the overwhelming opinion of the participating States but would be unlikely to succeed in other OSCE bodies, where representatives of offending countries can block action. For example, in the past five annual sessions the OSCE PA has adopted resolutions condemning Russia’s clear, gross, and uncorrected violations of Helsinki principles in it aggression against Ukraine, including violations in the human dimension. At the 2018 annual session in Berlin last July, Russian parliamentarians unsuccessfully opposed consideration and adoption of a text on human rights violations in Russian-occupied Crimea, and on the human rights situation in Russia itself. The OSCE PA also criticizes other countries’ record in the human dimension records—including actions of the United States—but the assembly’s criticism is generally commensurate with the severity of perceived violations. The OSCE PA defends ODIHR in its work facilitating implementation of commitments where needed, and civil society in its advocacy of human rights. At the 2018 annual session, parliamentarians condemned the ongoing efforts of Turkey and some other countries to restrict non-governmental voices at the HDIM and other human dimension events, or to dilute them with non-governmental organizations formed at the behest of some of the more repressive regimes in the OSCE region. In Berlin, the OSCE PA called “on all OSCE participating States to welcome NGO participation in OSCE events, and to reject all efforts to restrict participation in OSCE human dimension events so long as these groups do not resort to or condone violence or terrorism, to ensure the broadest possible contribution from NGOs to the OSCE’s work and a full and unrestricted exchange of information and opinions.” OSCE PA Participation in HDIM 2018 OSCE PA President George Tsereteli addresses the 2018 Human Dimension Implementation Meeting in Warsaw. In 2018, five OSCE PA officers—all elected members of national parliaments—spoke at the HDIM. OSCE PA President George Tsereteli of Georgia addressed the gathering’s opening session, observing that while the human dimension is also known as the “third dimension” of the OSCE’s comprehensive approach to security, it “should always be our first priority.” “When we put our OSCE hats on, our primary goal is to better the lives of the more than one billion people in the OSCE area,” said President Tsereteli. “Our duty is to respond to their desire to live in a free society, where democratic debate is encouraged and not stifled, where journalists are respected and not jailed or killed, where a simple citizen can trust that his or her voice counts and is not discarded.” Two of the OSCE’s nine Vice Presidents—Isabel Santos of Portugal and Kari Henriksen of Norway—also attended. Santos focused on the human rights of migrants, and Henriksen on promoting opportunities for women and children that will protect them from human trafficking. Two of the three officers of the OSCE PA’s General Committee on Democracy, Human Rights, and Humanitarian Questions were also in Warsaw. Committee chair Margareta Kiener Nellen of Switzerland addressed hate crimes and hate speech, including ways to combat them, while committee rapporteur Kyriakos Hadjiyianni of Cyprus focused on challenges to freedom of the media, ranging from rhetorical attacks to violence and incarceration of journalists. OSCE PA human rights committee rapporteur Kyriakos Hadjiyianni delivers remarks at the freedom of the media session at the 2018 HDIM in Warsaw. Other Human Dimension Activities Throughout the year, the OSCE PA deploys short-term election observation missions and represents the OSCE as a whole in reporting the preliminary conclusions immediately after elections take place. The assembly also has an active Ad Hoc Committee on Migration, chaired by Belgian parliamentarian Nahima Lanjri, which encourages humane treatment of refugees and migrants alike, including respect for their rights, in accordance with international norms. Various Special Representatives of the OSCE PA President also have human dimension portfolios, including Helsinki Commission Co-Chairman Rep. Chris Smith (Human Trafficking Issues) and Ranking Commissioner Sen. Ben Cardin (Anti-Semitism, Racism and Intolerance).
Annual Trafficking in Persons Report: Europe Falling Behind on Trafficking Victim IdentificationTuesday, 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.
Fighting Human Trafficking in Travel and Tourism: New Challenges & SolutionsMonday, May 07, 2018
Traffickers move trafficking victims on airplanes, buses, trains, and taxis—frequently relocating to avoid detection by law enforcement and to chase big markets, like major sporting events and vacation destinations. Hotels, often unknowingly, sell rooms to traffickers for exploitation. Over the last decade, transportation and hotel professionals have recognized the role they can play on the front lines of identifying potential trafficking victims. Many organizations work alongside NGOs and the Departments and Homeland Security and Transportation to ensure that their employees are ready to respond to, rather than look away from, victims in plain sight. However, some companies have been slow to join the fight. Legislation pending in Congress will require hotels and airlines to train their employees to spot and report signs of trafficking before the companies can become eligible to win government contracts. More decentralized systems of travel and tourism—such as Airbnb and Uber—may need new frameworks to ensure that their systems do not become the preference of traffickers on the move.
Human Trafficking in Travel and Tourism Topic of Upcoming Helsinki Commission BriefingTuesday, May 01, 2018
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Congressional Trafficking Caucus today announced the following joint briefing: FIGHTING HUMAN TRAFFICKING IN TRAVEL AND TOURISM: NEW CHALLENGES AND SOLUTIONS Monday, May 7, 2018 3:00 p.m. Russell Senate Office Building Room 485 Live Webcast: www.facebook.com/HelsinkiCommission Traffickers move trafficking victims on airplanes, buses, trains, and taxis—frequently relocating to avoid detection by law enforcement and to chase big markets, like major sporting events and vacation destinations. Hotels, often unknowingly, sell rooms to traffickers for exploitation. Over the last decade, transportation and hotel professionals have recognized the role they can play on the front lines of identifying potential trafficking victims. Many organizations work alongside NGOs and the Departments and Homeland Security and Transportation to ensure that their employees are ready to respond to, rather than look away from, victims in plain sight. However, some companies have been slow to join the fight. Legislation pending in Congress will require hotels and airlines to train their employees to spot and report signs of trafficking before the companies can become eligible to win government contracts. More decentralized systems of travel and tourism—such as Airbnb and Uber—may need new frameworks to ensure that their systems do not become the preference of traffickers on the move. The following expert panelists are scheduled to participate: Michael “Mick” McKeown, Blue Campaign Executive Director, U.S. Department of Homeland Security Tracey Breeden, Director of Safety Communications, Uber Nancy Rivard, Founder and President of Airline Ambassadors Carol Smolenski, Executive Director, End Child Trafficking and Pornography (ECPAT), USA Craig Kalkut, Vice President of Government Affairs, American Hotel & Lodging Association Nick Shapiro, Global Head of Trust & Risk Management, Airbnb Additional panelists may be added.
Austrian Chairmanship Achieves Consensus for Human Trafficking PreventionTuesday, January 02, 2018
On December 8, 2017, the OSCE Ministerial Council approved two new cross-dimensional decisions to combat human trafficking. One decision was led by the United States, Italy, and Belarus and focused on preventing child trafficking and other forms of sexual exploitation of children, particularly on the internet and in sex tourism. The Ministerial Council also passed a second decision, introduced by the 2017 Austrian Chairmanship of the OSCE, titled, “Strengthening Efforts to Prevent Trafficking in Human Beings.” The decision addresses all forms of human trafficking and reflects key initiatives of the OSCE in recent years, especially those that encourage corporate responsibility for prevention of trafficking in supply chains. Examining Subcontractors Beginning with the responsibility of governments to ensure that goods and services for the government are purchased from trafficking-free sources, the decision commends “participating States that require contractors supplying goods and services to the government to take effective and appropriate steps to address the risks of human trafficking in their supply chains.” Notably, the decision goes beyond the primary contracting entity and encourages governments to examine any intended subcontractors and employees., It reflects the reality that while a prime contractor may be trafficking-free, in an effort to cut costs and increase profit margins, work may be subcontracted out to less scrupulous vendors who may not be as aware of, or as concerned with, government requirements. Addressing Vulnerability Factors The decision also addresses the precursors to human trafficking, commending participating States that prohibit contractors, subcontractors, and employees from “participating in activities known to lead to human trafficking.” Many contract and subcontract provisions that may seem neutral on first glance in reality lead in whole or in part to situations of vulnerability to human trafficking. For instance, in 2015, the United States banned the following practices in U.S. government contracts as relates to actions by the contractors, subcontractors, or employees as the actions were closely linked to human trafficking: Purchasing commercial sex. Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents without the employee’s consent. Failing to abide by any contractual provision to pay return transportation costs upon the end of employment for the purpose of pressuring an employee into continued employment. Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment. Charging recruited employees unreasonable placement or recruitment fees, or any such fee that violates the laws of the country from which an employee is recruited. Providing or arrange housing that fails to meet host country housing and safety standards. Using Government Contracts as Incentives Using government contracts as an incentive for businesses to undergo the auditing and policy overhauls required for clean supply chains, the decision ultimately calls on participating States to “take into account whether businesses are taking appropriate and effective steps to address the risks of human trafficking, including with regards to their subcontractors and employees, when considering the awarding of government contracts for goods and services.” Historically, many governments have sought the least expensive contract for the most goods or services on the principle of using taxpayer funds efficiently—creating a perverse incentive for companies to turn a blind eye to human trafficking and its precursors. The decision championed by the 2017 Austrian Chairmanship encourages participating States to reverse the incentive and reward with government contracts only to those companies that have done their due diligence to ensure trafficking-free supply chains. This requirement reaches past the comparatively small number of businesses that receive government contracts and encourages all businesses competing for government contracts to clean their supply chains first. Strong implementation by OSCE participating States could set new industry standards where human trafficking and its precursors become significantly less profitable.
New OSCE Ministerial Decision Builds on OSCE PA Best Practices to Fight Child Trafficking and Other Sexual Exploitation of ChildrenFriday, December 22, 2017
On December 8, 2017, the OSCE Ministerial Council concluded its annual meeting of the Foreign Ministers of 57 OSCE participating States by adopting a decision to protect children from traveling sex offenders, from easy access to online pornography, and from misuse of the internet for child trafficking and other forms of sexual exploitation. Modeled on Helsinki Commission Co-Chair Rep. Chris Smith’s supplementary items adopted by the OSCE Parliamentary Assembly (PA) in 2016 and 2017, the decision on “Strengthening Efforts to Combat All Forms of Child Trafficking, Including for Sexual Exploitation, as well as Other Forms of Sexual Exploitation of Children,” calls on participating States to take new, practical steps to protect children. Download the full report to learn more. Contributor: Allison Hollabaugh Parker, Counsel
OSCE Adopts Child Trafficking Ministerial Decision Modeled on Initiative of Co-Chairman SmithWednesday, December 13, 2017
WASHINGTON—On December 8, the OSCE concluded its annual meeting of the Foreign Ministers of 57 OSCE participating States by adopting a ministerial decision on combatting child trafficking—modeled on OSCE Parliamentary Assembly (PA) resolutions adopted in 2016 and 2017, authored by Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04). Rep. Smith is the Special Representative on Human Trafficking Issues in the OSCE PA. Entitled “Strengthening Efforts to Combat All Forms of Child Trafficking, Including for Sexual Exploitation, as well as Other Forms of Sexual Exploitation of Children,” the decision provides practical steps for participating States to protect children from traveling sex offenders, and from misuse of the internet for child trafficking and other sexual exploitation. “Traveling sex offenders rely on secrecy and anonymity to commit crimes against children; the new decision will deter the sexual exploitation of children at home and abroad, and aid in the prosecution of child sex traffickers,” said Smith. The decision calls on each of the OSCE participating States to keep a register of individuals who have committed sex offenses against a child, and to share that information with the law enforcement in destination countries—which would give the United States warning of foreign sex offenders entering U.S. borders. The decision also calls on OSCE participating States to enact extra-territorial jurisdiction in order to “prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country.” “Some believe the laws of a destination country allow sexual exploitation of a child, or rely on the fact that the judicial system in the destination country is weak,” Smith continued. “The Ministerial decision underscores the universal human rights of the child to be protected from sexual exploitation and calls for participating States to put all abusers on notice—they will be prosecuted when they return home.” In addition, the Ministerial decision echoes the Parliamentary Assembly resolutions by calling for accountability of those who misuse the Internet to knowingly or recklessly facilitate access to children for sexual exploitation or child trafficking—such as by advertising children on websites—highlighting that such individuals should be prosecuted as traffickers. “With this binding decision, the foreign ministries of the 57 OSCE participating States stand united with the OSCE Parliamentary Assembly to protect children from trafficking and other sexual exploitation across the OSCE region,” said Smith. Smith first raised the issue of human trafficking at the 1999 OSCE PA Annual Session in St. Petersburg, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.
ODIHR Hosts Human Dimension Seminar on Children in Situations of RiskWednesday, October 18, 2017
As part of its broad mandate to combat trafficking in human beings, the OSCE Office on Democratic Institutions and Human Rights (ODIHR) brought together 100 representatives of participating States, international organizations, and civil society to discuss “Rights of the Child: Children in Situations of Risk” at the annual OSCE Human Dimension Seminar in Warsaw, Poland, on October 11-12, 2017. Opened by Ambassador Christian Strohal, Special Representative for the OSCE 2017 Austrian Chairmanship; Jacek Czaputowicz, Undersecretary of State, Ministry of Foreign Affairs, Poland; and Ingibjörg Sólrún Gísladóttir, Director of ODIHR/OSCE, the seminar examined threats to children from incarceration and from human trafficking, as well as solutions. Deprivation of Liberty Speakers addressed common myths surrounding the incarceration or detention of children using the totality of research on actual impact, and suggested means of mitigating harm. Panelists agreed that detention should be the option of last resort and be for the least amount of time possible in order to avoid the well-documented negative effects on children. Drawing on research, Ms. Michaela Bauer, the UNICEF Regional Partnership Manager, highlighted that detention does not in fact benefit the child but causes educational deficits, low social skills, and disrupted family ties—setting the child up for future failures and insecurity. Ms. Bauer explained that deprivation of liberty is too often based on incorrect determinations that a child is a threat to themselves or to society. She cautioned that detention is often 80 percent more expensive than alternate means, such as custodial family care. She also addressed the myth that detention keeps the child from absconding, explaining that it is the fear of detention that makes children abscond. Mr. Azamat Shambilov, Regional Director of Penal Reform International’s office in Central Asia, underscored that detention creates isolation, marginalization, and life-long stigmatization of children. For instance, an educational diploma from a prison will haunt the child for life. In addition, a child isolated in an institution from the love and support of family may suffer feelings of rejection. Such children emerge from detention and seek out other children who have similarly suffered, and thus often find themselves in trouble again. Mr. Shambilov suggested seeing the children as victims in need of care rather than criminals to be punished as, very often, the children who commit crimes have themselves been victims of crime. Ms. Roza Akylbekova, Deputy Director, Kazakhstan International Bureau of Human Rights and Rule of Law, highlighted the importance of keeping the child connected to family. If a child must be institutionalized, it is critical to ensure that the institution is close to family who can visit the child. A better alternative would be non-custodial sentences for crimes committed by children—in which case the child would live at home with his or her family for the duration of the sentence. Human Trafficking of Children At the conference, Commission on Security and Cooperation in Europe staff, accompanied by Italian trafficking survivor and activist Cheyenne de Vecchis and Dr. Maia Rusakova, Co-founder and Director of the Regional Non-Governmental Organization of Social Projects in the Sphere of Populations’ Well-being in Russia, presented practical steps to limit the risks of internet misuse for the trafficking of children. Citing a growing body of research in the OSCE region on the links between children’s unrestricted access to pornography on the Internet and experience or perpetration of sexual exploitation, Commission staff encouraged participating States to consider working with the private sector to institute age verification technology for all access to online pornography, such as the system currently being implemented in the UK. Turning to the issue of children advertised online for sexual exploitation, Commission staff shared new technology developed by the U.S. non-governmental organization, THORN. This technology saves law enforcement thousands of hours by intelligently filtering the thousands of new photos, phone numbers, emojis, gibberish, and acronyms on adult-services classified-ad websites each day—collating for law enforcement attention the advertisements that have indicators of human trafficking. The Spotlight tool connects overlapping information for law enforcement, showing officers other cities in which a victim has been previously advertised and other information that can help officers investigate. The Spotlight tool also provides a way for law enforcement in other jurisdictions to mark whether they are working on the leads, and who to contact for collaboration—innovations saving thousands of hours of work, dead ends, and duplicated efforts. In just the last three years, more than 6,300 trafficking victims have been identified in the United States with the Spotlight tool—nearly 2,000 of whom were children. More than 2,000 traffickers were also identified. While primarily developed in and for North America, the Spotlight tool could be easily adapted for other OSCE participating States. ODIHR’s Anti-Trafficking Mandate ODIHR enjoys a robust mandate embodied in multiple ministerial decisions and the 2003 OSCE Action Plan to Combat Trafficking in Human Beings (as well as its Addendum in 2013) to combat human trafficking in the OSCE region, and has a full-time staff person specifically to carry out ODIHR’s anti-trafficking mandate. For instance, ODIHR is tasked by the 2003 Action Plan with promoting the cooperation of law enforcement and civil society to combat human trafficking. The 2003 Action Plan also calls on ODIHR to work with the OSCE Strategic Police Matters Unit (SPMU) on anti-trafficking training materials for law enforcement. In addition, ODIHR has a mandate to offer legislative input to participating States, including on the development of National Anti-Trafficking Plans of Action. While the 2014 regular budget shortfalls saw the loss of three members of ODIHR’s anti-trafficking staff, one full-time position was restored in 2015. ODIHR is now fully re-engaged on executing its mandate in the region, in coordination with the OSCE Special Representative and Coordinator for Combatting Trafficking in Human Beings. ODIHR is currently updating the National Referral Mechanism Handbook, which it originally created in 2004 to guide participating States on the development of coordination frameworks for state agencies and best practices to, along with civil society partners, ensure proper care of trafficking victims. In 2017, ODIHR staff members have visited Croatia, Georgia, the UK, and Poland to identify gaps and best practices for national referral mechanisms. In addition, ODIHR is working in Central Asia and Mongolia to increase identification of trafficking victims and streamline aid to victims, as well as to strengthen coordination between state actors and civil society. Finally, ODIHR is working with the Strategic Policy Matters Unit in the Mediterranean region to offer participating States technical assistance for combatting human trafficking in mixed migration flows.
Trafficked: Untangling the Bonds of Modern SlaveryFriday, October 13, 2017
Human trafficking remains an entrenched—but not intractable—problem in the United States and around the world. According to the International Labor Organization, 40 million people suffered from human trafficking last year—most of whom were women and girls. On October 13, the U.S. Helsinki Commission held a screening of “Trafficked,” the new drama based on Siddharth Kara’s award-winning book, which follows the stories of three girls from Nigeria, America, and India as they lose and reclaim their freedom. The screening was followed by a panel discussion of the root causes of vulnerability to trafficking, the role of the buyer in trafficking, police corruption and accountability, the psychological effects of trafficking on survivors, and the road to recovery. In his opening statement, Siddharth Kara, Director of the Program on Human Trafficking and Modern Slavery at the Harvard Kennedy School of Government, described his motives for writing and producing the film “Trafficked”. “Above all, the goal of this film is to try to give some voice—some stirring voice to the millions of voiceless victims and survivors of human trafficking around the world.” Mr. Kara hopes the film will remind policy makers and the public of the real-life consequences of anti-trafficking efforts. “As much as we talk about policy, and talk about laws, and talk about steps that need to be taken, what should never be lost in those conversations is the human element in all this,” he said. Marcia Eugenio, Director of the Office of Child Labor, Forced Labor, and Human Trafficking in the U.S. Department of Labor’s Bureau of International Labor Affairs, described her personal reaction to the film and praised it for shedding light on the uncomfortable reality of human trafficking. “I think it is important to feel uncomfortable when you’re watching this movie. I think it is important because it reminds us that there are people out there who need our support.” Ms. Eugenio emphasized the scope of human trafficking around the world, noting that by conservative estimates, there are 25 million people trapped in forced labor, 5 million of whom are being trafficked for sexual exploitation. She also noted that trafficking is a complex problem with many causes. “Trafficking, forced labor, modern slavery, whatever term you want to use, is big business, and it’s underpinned by crime, by corruption, and in some cases, by good people turning a blind eye,” she said. Solving it will therefore require the engagement of government and people from all parts of civil society. Alex Trouteaud, Director of Policy and Research at Demand Abolition, described his organization’s innovative efforts to combat human trafficking by reducing demand among sex buyers. In addition to focusing on the needs of the victims, he said, it is important to understand and take on the demand that drives trafficking. “This is an issue where vulnerable people are used as supply to meet the demands of perpetrators. So to the extent that we want to reduce victimization, we have to be thinking about the issue in a totally different way,” he stated. Good anti-trafficking policy, he said, provides services to rehabilitate victims, deter traffickers, and reduce demand for paid sex. He praised the Trafficking Victims Protection Act for addressing these three issues, and called for its reauthorization. He noted that progress is being made, citing a substantial decrease in sex buying in the U.S. over the last few decades, but stressed that much remains to be done.
Helsinki Commission to Screen Trafficking Docudrama Based on Award-Winning BookThursday, October 05, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following staff-led panel and movie screening: “TRAFFICKED: UNTANGLING THE BONDS OF MODERN SLAVERY” Friday, October 13, 2017 Movie Screening: 2:30 PM Panel Discussion: 4:00 PM Rayburn House Office Building Room 2168 Live Webcast (panel only): www.facebook.com/HelsinkiCommission Human trafficking remains an entrenched—but not intractable—problem in the United States and around the world. According to the International Labor Organization, 40 million people suffered from human trafficking last year—most of whom were women and girls. “Trafficked,” the new drama based on Siddharth Kara’s award-winning book, follows the stories of three girls from Nigeria, America, and India as they lose and reclaim their freedom. The screening will be followed by a panel discussion of the root causes of vulnerability to trafficking, the role of the buyer in trafficking, police corruption and accountability, the psychological effects of trafficking on survivors, and the road to recovery. Panelists will include: Siddharth Kara, Producer of “Trafficked,” Director of the Program on Human Trafficking and Modern Slavery at the Kennedy School of Government at Harvard University and also a Visiting Scientist on Forced Labor at the Harvard School of Public Health Alex Trouteaud, Ph.D., Director of Policy and Research, Demand Abolition Marcia Eugenio, Director, Office of Child Labor, Forced Labor and Human Trafficking at the Bureau of International Labor Affairs, U.S. Department of Labor
Preventing Modern Slavery through Education of ChildrenMonday, September 18, 2017
From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. As traffickers seek to lure adolescents into exploitation, holistic anti-trafficking education of teachers and children directly in schools is emerging as a critical tool to fight modern day slavery across the OSCE region. Education has long been used in the prevention of human trafficking, the first of “3 Ps”—prevention, prosecution, and protection—around which most of the OSCE participating States have structured their laws to combat trafficking in human beings. For instance, embassies and consulates include trafficking warnings and trafficking hotlines in information to individuals seeking visas, especially those individuals coming to be domestic servants. Tourists are educated in airports about the legal penalties of sexually exploiting vulnerable children. Flight attendants and hotel operators are trained in how to recognize and safely report potential trafficking victims. Members of the law enforcement community are educated in the procedures for identifying trafficking victims among migrant and refugee flows through programs like the OSCE Extra Budgetary Project, which successfully concluded its third training last week in Vicenza, Italy. International organizations have targeted aid for trafficking awareness education in countries where severe lack of economic opportunity makes teens extremely vulnerable to sham offers of jobs abroad. However, traffickers are increasingly preying upon children’s social vulnerability, not just economic need. Social vulnerability—such as feelings of alienation, unresolved emotional or physical abuse, learning disabilities, or unfamiliarity with a new culture and language—means that children of every socio-economic background across participating States are at risk of being taken advantage of by traffickers. Children’s often unlimited and unmonitored access to the internet can also endanger them. Traffickers scout social media with fake profiles, looking for children they can extort into trafficking. A child sends a half-naked photo to their “new friend” on social media, who then threatens to send the photos to the child’s parents and friends—unless the child does as they say. No child is immune, but some are now smarter than their would-be traffickers. Non-governmental organizations in the United States and United Kingdom have been taking prevention to new heights through programs to train children in schools how to avoid being ensnared by human traffickers. The Frederick Douglass Family Initiatives PROTECT project, and Just Enough UK, to name a few, have pioneered curricula that helps children—and their teachers—navigate the new faces and ploys of modern day slavery. Including age-appropriate, anti-trafficking education of teachers and school children in the standard curriculum for all children means that the suffering and harm caused by human trafficking can be halted early—or avoided altogether. At a recent hearing in the U.S. House of Representatives Foreign Affairs Committee, Co-Founder and Executive Vice President of the Frederick Douglass Family Initiatives, Robert Benz, observed, “The cost benefits to taxpayers, for preventing or mitigating human trafficking at an early stage, are enormous. The human benefit for preventing someone from being victimized is incalculable.” Such educational initiatives may soon benefit from new federal government grants in the United States. Helsinki Commission Co-Chairman Rep. Christopher Smith, Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly and author of the U.S. laws that establish and fund the “3Ps”, included in the new Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act (H.R. 2200) authority for the training of teachers and students to recognize and avoid human trafficking. H.R. 2200 passed the House of Representatives in July and awaits consideration in the U.S. Senate.
Human Smuggling and Human Trafficking: A Distinction that Makes a DifferenceFriday, July 28, 2017
Headlines in the United States last week were filled with the horrific tragedy in San Antonio, Texas, where at 10 lives were lost and 20 others hospitalized with heat stroke after dozens of migrants were trapped inside the stifling trailer of a truck. More would have died on their road to a new life if someone from the truck had not bravely sought water from Walmart employees. Newspapers and some officials across the country were quick to headline the tragedy as a “human trafficking crime”—but soon corrected “trafficking” to “smuggling.” Why? Smuggling and trafficking are different crimes requiring different responses. (There are not yet enough facts available in this case to determine if any of the migrants also were victims of trafficking.) Confusing the terms does the vast majority of trafficking victims no favors, and in fact makes it more likely that trafficking victims in need of rescue will be overlooked. Smuggling vs. Trafficking The defining characteristic of human smuggling is transportation and is generally defined by the Department of Homeland Security as “importation of people into the United States involving deliberate evasion of immigration laws,” including moving irregular migrants across national borders as well as “unlawful transportation and harboring” of irregular migrants already in the United States. By contrast, while transportation does occur in many human trafficking cases, human trafficking does not require movement. The defining characteristic of human trafficking centers on commercial exploitation akin to slavery. Specifically, human trafficking is defined in U.S. law as: Sex trafficking in which a commercial sex act is induced by force, fraud or coercion, or in which the person induced to perform such act has not attained 18 years of age; or Recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. The Palermo Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, which has been ratified by all of the Participating States of the Organization for Security and Cooperation in Europe (OSCE), echoes the “exploitation” focus above, specifically stating that “Trafficking in Persons” means the following: [T]he recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs[.] Irregular migrants are particularly vulnerable due to their undocumented status, and may suffer human trafficking en route to or after arrival in the destination country. Some smuggling networks overlap with trafficking networks or deliver irregular migrants to traffickers. Migrants who voluntarily enter a country outside regular channels are sometimes saddled with huge “debts” by the smugglers, who then force them into debt bondage—a form of human trafficking. As the Special Representative on Human Trafficking Issues to the OSCE Parliamentary Assembly, Rep. Chris Smith, noted in his recent report to the annual session, the overlap of smuggling and trafficking networks in OSCE region is particularly notable among migrants originating in African countries. He noted that the International Organization for Migration reported last year that 80% of arrivals from Nigeria may have been victims of sex trafficking, forced labor, and/or trafficking for the purpose of organ removal. Gambians, Ghanaians, Guineans, and Ivorians—especially the youth—also had strong indicators of human trafficking. Identification and Protection of Trafficking Victims The difficulty for border guards and law enforcement is discerning who among irregular migrants actually needs rescue from a trafficker and access to rehabilitative services. The United States and many other OSCE participating states conduct special anti-trafficking training for border guards. Given the current influx of migrants into the OSCE region and resulting expansion of law enforcement contacts with irregular migrants, the Special Representative and Co-ordinator to Combat Trafficking in Human Beings for the OSCE, Amb. Medina Jarbussynova, has initiated and implemented a special Extra Budgetary Project to train law enforcement who come in contact with irregular migrants how to identify trafficking victims. In the United States, a foreign national who is likely a victim of human trafficking is offered the same level of care and services that is offered to refugees. Likely victims are also offered temporary legal status and the opportunity to apply for a T non-immigrant visa. The number of these visas, as well as the funding for assistance is limited—underscoring the need to identify among irregular migrant populations which individuals are in need of special services. However, the vast majority of trafficking victims found in the United States are not irregular migrants, or otherwise foreign nationals. In 2016, the United States identified nearly 800 foreign nationals in need of special assistance due to suspected trafficking in the United States. This is in contrast to the 3,732 U.S. citizens and Legal Permanent Residents who received special services as trafficking victims. The disparity in numbers may be because it is more difficult to find foreign national victims. However, it is more likely due to the persistent truth that trafficking victims are just as likely, if not more likely, to be citizens, or otherwise legally present, in the country in which they live. At the beginning of the anti-trafficking movement about 20 years ago, advocates and law enforcement were looking for enslaved irregular migrants. It gradually became apparent that the trafficking suffered by foreign nationals was also happening to citizens, it was just called something different, like “child prostitution” or a “labor violation.” Law enforcement began to see, and respond appropriately, to domestic human trafficking. Anti-trafficking advocates still struggle to educate policy makers, police, prosecutors, judges, social welfare agencies, and communities to recognize human trafficking in all its forms. The manifestations of exploitation are many and constantly changing; it can look like a child begging on a corner, a woman unable to leave the home where she is a domestic servant, a young girl forced to participate in the making of pornography, a foster kid engaged in survival sex on the street, the busboy at a restaurant, a woman working in a nail salon, a door to door salesman, a legal visa holder advertised as an escort online—or an irregular migrant smuggled not to freedom but into trafficking. Focusing primarily on exploitation rather than origin or movement as the core feature of human trafficking will ensure that the United States and OSCE Participating States continue to correctly identify and help more trafficking victims become survivors every year.
Using Technology to Protect Children from Online ExploitationThursday, June 29, 2017
Helsinki Commission Co-Chairman Rep. Chris Smith, the Special Representative for Human Trafficking to the President of the OSCE Parliamentary Assembly, has registered a supplementary item for this year’s Annual Session in Minsk, Belarus, titled, “Preventing Child Sexual Exploitation Online through Advances in Technology.” Smith’s supplementary item examines the ways protections for children have lagged behind technology, leaving children vulnerable. “Impressionable children in most of the OSCE region have unrestricted access on any web-capable device to every conceivable form of pornography—even the most violent and vile acts—and that exposure has measurable impact on their vulnerability to sexual exploitation,” Smith said. “Tragically, we are seeing children targeted and further victimized as they are exposed to pornographic websites,” said Smith. Studies Show Correlation between Youth Access to Pornography, Sexual Exploitation Similar to earlier studies, a 2016 study in the Journal of Interpersonal Violence (Stanley et. al) of 4,564 young people aged 14 to 17 found in boys a statistically significant correlation between viewing online pornography and committing sexual coercion and abuse. Importantly, this study was conducted in five OSCE participating States. A definitive study in the European Journal of Developmental Psychology (Bonino, et. al, 2006) found that adolescent girls who report viewing pornography are more likely to report being victims of sexual harassment or forced sex at the hands of male friends or acquaintances. “We are kidding ourselves if we think unrestricted access to pornography online is not harming our children,” said Smith. “We are allowing them to be actively and passively groomed for trafficking,” said Smith, referring to how child sex abusers are known to lower the defenses of children and condition children to accept sexual abuse as normal by showing children pornography. Age Verification The United Kingdom recently joined Germany, Finland, and Iceland in recognizing that unrestricted access of children to online pornography is a public health concern. In April of this year, the UK’s Digital Economy Act of 2017 became law, empowering an “age verification-regulator,” most likely the British Board of Film Classification (BBFC), to create guidelines on age verification walls for all pornographic websites viewed from within the UK. The age-verification regulator will be able to fine websites that violate the new guidelines. Ultimately, IP addresses in the UK for non-compliant websites could be shut down. The new UK law is in addition to the country’s current requirement that cell phone companies filter content unless the cell phone owner is 18 or older. “All UK mobile operators run content filtering and age verification on their networks, based on the BBFC guidelines,” said Ernie Allen, who led the Center for Missing and Exploited Children in the United States and International Center for Missing and Exploited Children for more than 25 years. “If a customer tries to access an 18+ site and has not age verified, he or she receives a notice on the site that they may not access it until they have age verified,” Allen said. Verification may be accomplished by visiting the cell phone store and showing identification, or logging into a designated website and using a credit card. Cardholders must be 18 or older to have a credit card in the UK. To make sure the card is not “borrowed” from a parent, one pound may be deducted to give notice to the credit card owner that their card has been used for age verification. The data repository already created by the UK cell phone requirements could be used to inform age verification for pornographic websites. In addition, the data repository created by the UK’s Gambling Act of 2005, which imposed age restrictions for online gambling, could also be used to verify age. Visitors to pornographic websites could enter their gambling account number, which would then be authenticated by the website. The pornography industry has recently come out with its own age verifying system, AgeID. After an account is created on AgeID, the account number would be sufficient for age verification. Other companies are offering biometric options, using apps to verify that a passport showing the appropriate age belongs to the person offering the passport as verification. “We now have the technology to protect children online,” said Allen. “A few data points sent to a third party can effectively verify age without necessarily disclosing identity.” The pending supplementary item received sponsorship from 54 parliamentarians representing 26 countries. President of the OSCE Parliamentary Assembly, Christine Muttonen, has offered her support. Since raising this issue at the St. Petersburg Annual Session in 1999, Rep. Smith has introduced or cosponsored a supplementary item or amendments on trafficking at every annual session of the OSCE PA, including on issues such as prevention of sex tourism, situational awareness for the detection of trafficking victims in transit, and corporate responsibility for trafficking in supply chains.
2017 Trafficking in Persons Report – the OSCE RegionTuesday, June 27, 2017
Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims. This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014. Trafficking victim identification and care is critical for proper management of refugee and migrant flows. In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018. The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions. Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year. This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case. It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers. Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so. Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report. Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List. Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan. States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year. In recent years the report has also included an assessment of the United States. Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.
This year marks important milestones in the fight against human trafficking—the tenth anniversary of :
• the Palermo Protocol to prevent, suppress, and punish trafficking in persons especially woman and children; and
• the enactment of the U.S. Trafficking Victims Protection Act (TPVA), which I authored in 2000.
• And according to Dr. Maria Grazia Giammarinaro, over the past ten years, “52 of the 56 OSCE participating states have integrated anti-trafficking legislation into their national legal framework… .”
The twenty articles of the Palermo Protocol, which supplemented the UN Convention against transnational organized crime, provided nations a blueprint for comprehensive and effective action against human trafficking.
The Protocol’s definitions of what constitutes trafficking and prescribed actions for state parties has helped ensure uniformity of response to modern day slavery. The Protocol remains one of the UN’s finest and most enduring accomplishments.
When I first introduced the Trafficking Victims Protection Act in 1998, the legislation was met with a wall of skepticism and opposition. Many people both inside of government and out thought our bold new strategy that included asylum, sheltering and other protections for the victims, long jail sentences for the traffickers as well as confiscation of their assets and tough sanctions for governments that failed to meet minimum standards were merely solutions in search of a problem. Oh, how they were wrong.
Similarly, when I sponsored the first supplementary item on human trafficking a year later in 1999 at the Parliamentary Assembly in St. Petersburg, Russia, some lawmakers told me that they thought the resolution unnecessary and a waste of time.
For most people at that time, the term trafficking usually applied to illicit drugs. For others it meant weapons—or both. Reports of growing numbers of vulnerable persons—especially women and children—being reduced to commodities for sale was often met with surprise, incredulity or indifference. At home, it took two years to overcome the opponents and skeptics and muster the votes for passage in the U.S. House and Senate. The TPVA became law on October 28, 2000—ten years ago this month.
One TPVA provision requires the US Government to do a detailed assessment of every nation including the United States—the annual TIP Report. In order to measure progress or the lack thereof, serious objective criteria—minimum standards—were established.
The TPVA established three tier rankings, and a watch list.
• Tier 1: governments that fully comply with the minimum anti-trafficking standards;
• Tier 2: countries that do not fully comply with the minimum standards but are making significant efforts to do so; and
• Tier 3: countries that do not fully comply with minimum standards and are not making significant efforts to do so.
Bosnia is perhaps the best example of progress: a Tier 3 country in 2001, today Bosnia in now Tier 1. Georgia also moved from Tier 3 to Tier 1.
There are many OSCE countries on the Watch List, however, including Azerbaijan, Moldova, Malta, Russia, Turkmenistan, Tajikistan, and Uzbekistan. I would note that Malta has recently taken the step of naming a “Czar” to fight trafficking in persons.
In the past decade, we have seen progress in combating human trafficking on a number of fronts, especially in victim identification. In 2008, over 8,900 victims were identified in the OSCE region excluding the United States and Canada. In 2009, over 14,650 victims were identified plus an additional 1,700 in the US. Clearly, we are all getting better at finding and assisting victims. Albania and Montenegro are to be especially congratulated for their progress in victim identification—much of that progress is due to education and awareness.
On another important front, however, I am concerned that prosecutions in the OSCE region have declined from a high of 3,270 in 2005 to 2,208 in 2009.
Which begs the question: why the drop? Could it be that we are winning and the tide is turning? Or have the traffickers become savvier at eluding law enforcement or gone deeper underground? Or have prosecutors simply begun to de-prioritize human trafficking cases? I believe that In each of our countries, we need to be ramping up prosecutions, with the aim of not just mitigating but ending modern day slavery.
Notwithstanding the fact that many of our countries have enacted tougher penalties for the crime of trafficking, convictions of traffickers—around 1,700-1,900 a year—have not increased over the last five years. We need to ask why?
As lawmakers with oversight responsibilities, we need to make serious inquiries as to why the numbers of human trafficking prosecutions are diminishing. And why convictions have ebbed? Each of us must ensure that our countries devote sufficient priority—the highest priority—and the requisite financial resources and legal talent to aggressively prosecute traffickers.
And we must also ensure that the various government and civil sectors dealing with trafficking are communicating with each other. U.S. funding for anti-trafficking efforts abroad have brought together labor inspectors, police, prosecutors, NGOs and faith-based organizations. Yet, the top ranking trafficking official in the United States has told me that, in some countries, people from these sectors have never even met.
As Special Representative on Human Trafficking for the OSCE Parliamentary Assembly, I offered a supplemental resolution in Oslo entitled “Combating Demand for Human Trafficking and Electronic Forms of Exploitation,” to build on recent accomplishments.
The resolution focused in part on best practices designed to root out misuse of the Internet for human trafficking and child pornography.
Some of these best practices include:
• Digital tagging of adult sections of websites;
• community flagging of website postings reasonably believed to be advertising a trafficking or child pornography victim;
• use of manual and regularly updated electronic screening for criminal postings;
• telephone and credit card verification on all posts, which enables the website to block from use a person who has previously posted a trafficking or child pornography victim;
• Trafficking and child pornography reporting hotlines; and an ongoing dialogue with law enforcement.
Tragically, the internet has opened a whole new front in the war with human traffickers—enabling and encouraging demand with few obstacles. We must develop appropriate safeguards to ensure that freedom of speech does not become freedom to exploit and abuse.
And we must demand that corporations act responsibly and cease all facilitation of trafficking.
I am happy to report that, as of September 3, Craigslist—a free advertising website—is no longer operating its “adult services” page in the United States. Public outrage, investigative reports in the media, requests from law enforcement, and damning testimony from young girls who had been trafficked on Craigslist—all had an impact.
Sex tourism is an escalating threat to the children of every country. The supplemental resolution adopted in Oslo underscores the importance of enhanced international cooperation to monitor the travel of convicted sex offenders.
In the U.S. Congress, I have sponsored a new bill—the International Megan’s Law—that has passed the House and is pending in the Senate. The bill provides notification to a government when a convicted U.S. sex offender, who poses a real danger to children, is planning to visit that country.
Similarly, the legislation encourages other governments to establish a domestic registry of dangerous child sex offenders and to notify the U.S. when a convicted child sex offender plans to travel to the United States.
Another best practice that can be implemented immediately includes training airline flight attendants and others in the tourist industry to spot potential trafficking victims.
This past summer, I hosted a congressional briefing with The Airline Ambassadors International’s Child Trafficking Initiative—spearheaded by American Airlines—and an NGO called Innocents at Risk. The briefing focused on the critical role flight attendants can play in indentifying trafficking victims on airplanes. With a modest amount of training and situational awareness, flight crews are already helping law enforcement rescue trafficking victims and arrest their predators.
This past week, a follow-up meeting was held in Washington for embassy officials from several countries including OSCE nations—Portugal, Greece, Macedonia, Italy, Malta, Belgium, Ukraine, Bosnia Herzegovina, and Kazakhstan sent representatives.
The flight attendants shared numerous stories of their own experience—highlighting how awareness of the signs of human trafficking and a phone call to police, in advance of landing, can literally save someone’s life. Air France is to be commended for running public service announcements on trafficking and encouraging passengers to keep an eye out for potential victims.
We must encourage every airline in our respective countries to implement—without delay or excuse—The Airline Ambassadors Child Trafficking Initiative.
In sum, a decade later, much has been accomplished—acts of human trafficking have been prevented, victims rescued and protected, and traffickers prosecuted and thrown into jail.
Major challenges, however, remain. It falls to us—and like-minded people everywhere—to meet those challenges head on and wage an unceasing campaign to eradicate human trafficking from the face of the earth.