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A Decade Later: Major Challenges Remain in Fight Against Human Trafficking

Hon.
Christopher H. Smith
Washington, DC
United States
Sunday, October 10, 2010

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.

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  • Trafficked: Untangling the Bonds of Modern Slavery

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

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  • Preventing Modern Slavery through Education of Children

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

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

  • Using Technology to Protect Children from Online Exploitation

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

  • 2017 Trafficking in Persons Report – the OSCE Region

    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.

  • Report on Human Trafficking Issues to the 2017 Winter Meeting of the OSCE Parliamentary Assembly

    Since 2004, Helsinki Commission Co-Chairman Rep. Chris Smith has served as the OSCE Parliamentary Assembly Special Representative for Human Trafficking Issues. His 2017 winter report to the President of the Parliamentary Assembly regarding his activities as the Special Representative provides an overview of his meetings with government representatives of OSCE participating States and with the representatives of governments whose citizens are trafficked in participating States. In addition, the report covers implementation of newly enacted best practices in the United States, such as the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advance Notification of Traveling Sex Offenders, which resulted in 1,780 notifications to 64 countries in 2016, and a new bilateral agreement with Slovakia, in addition to an existing agreement in place with the United Kingdom. Along with descriptions of other pending anti-trafficking bills authored by Rep. Smith, the report also explains the upcoming reauthorization of U.S. anti-trafficking law with the Frederick Douglass Trafficking Victims Prevention Act of 2017. In particular, the 2017 law will contain sections reflecting the supplementary items adopted by the OSCE Parliamentary Assembly as well as the 2013 Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings, such as better oversight of government procurement to prevent purchase of goods tainted by human trafficking, and training for flight personnel and the hotel industry to identify and properly report suspected cases of human trafficking. Finally, the report provides overviews of the seven hearings Rep. Smith chaired last year that addressed human trafficking in whole or in part.  The report also provides an overview of the 2016 Trafficking in Persons Report (TIP Report), produced by the U.S. Department of State, as required by Rep. Smith’s previous trafficking legislation.  The TIP Report shows that the OSCE had gains in prosecutions and convictions in 2015 and eight new or amended pieces of anti-trafficking legislation, but a decline in trafficking victim identification. 

  • Helsinki Commission Leaders Mark International Human Rights Day

    WASHINGTON—To mark International Human Rights Day on December 10, Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Sen. Roger Wicker (MS), Co-Chairman of the Commission, issued the following statements: “2016 has been a challenging year for the OSCE region – some governments have backslid on human rights, and humanitarian crises on the OSCE’s periphery in Syria, Iraq, and elsewhere have driven waves of refugees into the OSCE region,” Chairman Smith said. “And despite our best efforts, child sex tourism is soaring while protection lags. We each have an essential role to play in fighting for the human rights of those who are persecuted, whether they are political prisoners in Azerbaijan, refugees fleeing genocide in Syria, journalists in Turkey, or victims of human trafficking in our own country. We must all become human rights defenders.” “We live in a world with significant security challenges, from cyber threats to terrorism to acts of aggression by one of our own OSCE participating States,” said Co-Chairman Wicker. “However, as we work to maintain regional stability, we remember that security cannot exist independently from securing fundamental human rights. Today, we recommit ourselves to democracy, the rule of the law, and the rights of all people to determine their future free from tyranny and oppression.” “The Helsinki Final Act is clear: human rights issues in one OSCE country are of direct and legitimate concern to all participating States,” Chairman Smith concluded. “I call on the 57 nations of the OSCE to defend the rights and dignity of the most vulnerable, and to provide humanitarian assistance to victims of genocide and war in the Middle East.”

  • U.S. Delegation to OSCE PA Drives International Action against Human Trafficking, Discrimination, and Anti-Semitism

    WASHINGTON—Seven members of Congress traveled to the OSCE Parliamentary Assembly (OSCE PA) Annual Session in Tbilisi, Georgia last week to demonstrate the U.S. commitment to the principles of the Helsinki Final Act, including respect for human rights and fundamental freedoms. At the Annual Session, which brought together nearly 300 parliamentarians from 54 of the 57 OSCE participating States, the U.S. lawmakers introduced several successful resolutions and amendments targeting current challenges facing the OSCE region, ranging from human trafficking to discrimination and anti-Semitism to the abuse of Interpol mechanisms to target political opponents and activists. The delegation included Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Co-Chairman Sen. Roger Wicker (MS), Commissioner Rep. Robert Aderholt (AL-04), Commissioner Rep. Randy Hultgren (IL-14), Rep. Mike Fitzpatrick (PA-08), Rep. Richard Hudson (NC-08), and Rep. David Schweikert (AZ-06). Rep. Aderholt currently serves as a vice-president of the OSCE PA, while Sen. Wicker was re-elected to a third term as chair of the OSCE PA Committee on Political Affairs and Security, also known as the First Committee, during the annual meeting. Chairman Smith led international lawmakers in battling international human trafficking and child sex tourism through a successful resolution calling on all OSCE participating States to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. Chairman Smith, who serves as the OSCE PA Special Representative on Human Trafficking Issues, also hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. A second U.S. resolution, authored by OSCE PA Special Representative for Anti-Semitism, Racism and Intolerance and Helsinki Commission Ranking Sen. Ben Cardin (MD), called for action against the anti-Semitic and racist violence sweeping across North America and Europe. The resolution, which passed overwhelmingly, urged members of the OSCE to develop a plan of action to implement its long-standing body of tolerance and non-discrimination agreements, called for international efforts to address racial profiling, and offered support for increased efforts by political leaders to stem the tide of hate across the region. The resolution was fielded by Commissioner Hultgren. Chairman Smith also called on participating States to more effectively prevent and combat violence against European Jewish communities through the introduction of two amendments to the resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in anti-Semitic attacks in the region, while the second encouraged participating States to formally recognize and partner with Jewish community groups. Responding the abuse of Interpol systems for politically motivated harassment by Russia and other members of the OSCE, Co-Chairman Wicker authored a successful amendment to the First Committee resolution, which called on participating States to stop the inappropriate placement of Red Notices and encouraged Interpol to implement mechanisms preventing politically motivated abuse of its legitimate services. The amendment was fielded by Rep. Hudson. During the Annual Session, members of the delegation also offered strong support for important resolutions fielded by other countries, including one by Ukraine on human rights in illegally occupied Crimea and another on the 30th anniversary of the Chernobyl nuclear accident. They voted for a highly relevant resolution on combating corruption fielded by Sweden, and helped to defeat a Russian resolution attacking the Baltic States, Poland and Ukraine in the context of combating neo-Nazism.  U.S. delegates indicated their support for the work of attending Azerbaijani human rights activists, and met with attending members of the Israeli Knesset.  While in Tbilisi, the group also met with several high-ranking Georgian officials, including Prime Minister Giorgi Kvirikashvili; Tedo Japaridze, Chairman of the Foreign Relations Committee, Parliament of Georgia; Mikheil Janelidze, Georgian Minister of Foreign Affairs; and David Bakradze, Georgian Minister of European and Euro-Atlantic Integration.

  • Chairman Smith Leads International Legislators against Human Trafficking, Child Sex Tourism

    WASHINGTON—The OSCE Parliamentary Assembly passed a resolution authored by Helsinki Commission Chairman Rep. Chris Smith (NJ-04) against international human trafficking and child sex tourism. The resolution was passed at the 2016 annual session of the OSCE Parliamentary Assembly (OSCE PA), and has an agenda-setting effect for the 57-member intergovernmental organization. Smith, who leads the U.S. Delegation to this year’s OSCE PA Annual Session, introduced a resolution calling on all OSCE participating States to work with the private sector and civil society to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists.  The resolution also urges all OSCE participating States to enact laws allowing them to prosecute their citizens and legal permanent residents for child sexual exploitation committed abroad, and to strengthen international law enforcement cooperation to ensure that nations know about travel by convicted pedophiles prior to their arrival. “More children than ever before are being exploited – child sex tourism is soaring while protection lags,” said Chairman Smith. “We must work together to protect children from convicted pedophiles and opportunistic predators who exploit local children with impunity during their travels abroad. Prevention and prosecution should go hand in hand.” In addition to introducing the SECTT resolution, Chairman Smith hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. “Child predators thrive on secrecy – a secrecy that allows them to commit heinous crimes against the weakest and most vulnerable,” said Chairman Smith.  “Recent changes in the laws of the United States and partner countries are putting child predators on the radar when they travel internationally, but much remains to be done.” Chairman Smith has served as OSCE PA Special Representative on Human Trafficking Issues since 2004. His efforts to raise the profile of the human trafficking problem in the OSCE region are reflected in the 2013 Addendum to the OSCE Plan of Action to Combat Trafficking in Human Beings, and have prompted other parliamentarians to take the lead in addressing human trafficking in their respective capitals. Chairman Smith first raised the issue of human trafficking at the 1999 St. Petersburg Annual Session, 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.

  • The Helsinki Process: A Four Decade Overview

    In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.

  • Best Practices for Rescuing Trafficking Victims

    Recent research indicates that more than 80 percent of human trafficking victims in the United States have contact with the healthcare system in the course of being trafficked. Some victims are even brought to the clinic by their trafficker. However, opportunities to identify trafficking victims during their interactions with doctors, nurses, and other healthcare workers are often missed. The briefing was the latest installment in the ongoing TVPA oversight series with a focus on best practice development for identifying--and rescuing--foreign trafficking victims in the U.S. Panelists included two foreign-born trafficking victims who shared insights on what helped them escape, and how doctors in the United States could have helped free them sooner. Expert analysis was also provided by panelists from the healthcare field and the NGO community.

  • Helsinki Commission Briefing to Examine Best Practices for Rescuing Trafficking Victims

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Best Practices for Rescuing Trafficking Victims” December 1, 2015 2:00PM Rayburn House Office Building Room 2255 The Trafficking Victims Protection Act of 2000 and its reauthorizations have numerous provisions to ensure that foreign victims trafficked into the United States receive at least the same care as refugees, and that they can apply for a T or a U visa if returning to their home country is too dangerous.  However, the numbers of foreign victims found in the United States each year is below the estimated thousands.  In 2014 approximately 750 foreign victims were identified, up from 520 in 2013, but still far below suspected numbers.  We can do better at identifying foreign victims. Recent research indicates that more than 80% of trafficking victims in the United States have contact with the healthcare system in the course of being trafficked.  Some are even brought to the clinic by their trafficker.  This hearing is the latest installment in the ongoing TVPA oversight series with a focus on best practice development for identifying--and rescuing--foreign trafficking victims in the U.S. Two foreign-born victims will be sharing insights on what helped them escape, and how doctors could have helped free them sooner. The following panelists are scheduled to participate: Panel 1: Survivors “Roxana,” Foreign-born Female Survivor of Sex Trafficking in the United States “Celena,” Foreign-born Female Survivor of Sex Trafficking in the United States Panel 2: Experts Yaroslaba Garcia, ACT Clinical Director; President, Southwest Florida Regional Human Trafficking Coalition Dr. Kimberly Chang, Asian Health Services Community Health Clinic Dr. Jordan Greenbaum, Stephanie Blank Center for Safe and Healthy Children, Children’s Healthcare of Atlanta

  • Security in the Mediterranean Region: Challenges and Opportunities

    From October 20-21, 2015, the OSCE held its annual Mediterranean Conference focused on “Security in the Mediterranean Region – Challenges and Opportunities.” It included four distinctive themes: Session I: Common Security in the Mediterranean Region; Session II: Addressing Violent Extremism and Radicalization that Lead to Terrorism; Session III: The Role of Interfaith/Intercultural Dialogue; and Session IV: Irregular Migration, Refugee Protection, Migrant Smuggling and Human Trafficking in the Mediterranean.

  • Smith Calls for Action on Worst Refugee Crisis in Europe since WWII

    WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers scrutinized actions being taken to deal with Europe’s largest refugee crisis since World War II by the United States, European governments, regional bodies like the OSCE and the EU, and civil society. The Commission also reviewed recommendations on developing a long-term solution to the crisis. “The European crisis requires a response that is European, national, and international. There must be effective coordination and communication directly between countries as well as through and with entities like the OSCE and European Union,” said Rep. Smith, who called today’s hearing. “There is real human need and desperation. Refugees are entrusting themselves to smugglers and where there is human smuggling there is a higher risk of human trafficking,” he continued. “There is also the real threat that terrorist groups like ISIS will infiltrate these massive movements of people to kill civilians in Europe and beyond. I am deeply concerned that the screening at many European borders is inadequate and putting lives at risk. All of us must be responsive to the humanitarian needs without compromising one iota on security.” Smith said that “given the disproportionate number of men fleeing to Europe and potentially soon to the United States – currently only 14 percent of the refugees and migrants arriving via the Mediterranean Sea are women, 20 percent are children, and the remaining 65 percent are men – robust vetting is essential. We must ensure that lone wolf terrorists don’t turn into wolf packs.” Smith noted that during the conflict in Kosovo, he travelled to Stenkovec refugee camp in Macedonia and was at the McGuire Air Force Base in New Jersey to welcome some of the 4,400 people brought from there to the United States. A refugee – Agron Abdullahu – was apprehended and sent to jail in 2008 for supplying guns and ammunition to the “Fort Dix 5,” a group of terrorists who were also sent to prison for plotting to kill American soldiers at the Fort Dix military installation. Given Secretary Kerry’s announcement in September that the United States intended to resettle at least 85,000 refugees in fiscal year 2016, including at least 10,000 Syrians, and at least 100,000 refugees in fiscal year 2017, “The United State and Europe must be on high alert to weed out terrorists from real refugees,” Smith said. He added, “ISIS has committed genocide, mass atrocities, and war crimes, against Christians and other minorities. Religious and ethnic minorities often have additional risks and vulnerabilities even as refugees and should be prioritized for resettlement.”   Witnesses testifying at the hearing focused on the root causes of the refugee crisis as well as the current measures being put into place to help mitigate the humanitarian impact and ensure that security and economic challenges are addressed. In addition, witnesses emphasized the importance of a shared and coordinated response by all actors involved to ensure a long-term solution to the crisis. “It’s a very challenging situation,” said Anne Richard, Assistant Secretary of State for Population, Refugees, and Migration. “The scale of this migration is much bigger than before.” “The US government has a three-pronged approach: strong levels of humanitarian assistance; active diplomacy; and expanded refugee resettlement,” she continued. “Without our support, more people would be making the dangerous journey to the north.” “Europe is facing its biggest refugee influx in decades. UNHCR is calling upon the European Union to provide an immediate and life-saving response to the thousands of refugees as they are crossing the Mediterranean and making their way through Europe,” said Shelly Pitterman, Regional Representative to the United States and Caribbean, Office of the United Nations High Commissioner for Refugees. “Europe can no longer afford to continue with this fragmented approach that undermines efforts to rebuild responsibility, solidarity and trust among states, and is creating chaos and desperation among thousands of refugee women, men and children. After the many gestures by governments and citizens across Europe to welcome refugees, the focus now needs to be on a robust, joint European response.” “The ongoing refugee crisis is not a European crisis. It is a global crisis, fueled by conflicts, inequality and poverty, the consequences of which unfolded in Europe but the roots of which are far away from our continent,” noted EU Ambassador to the United States David O’Sullivan. “The EU and its Member States are firmly committed to the promotion and protection of the human rights of migrants. Despite the influx, we do not remove or return genuine refugees, we respect the fundamental rights of all persons arriving in the EU, and we invest major resources in saving lives at sea.” Djerdj Matkovic, Ambassador of the Republic of Serbia to the United States, said, “The OSCE region is witnessing the largest refugee influx in decades. Apart from being a significant economic challenge, this is a process with potentially very serious security implications and the cause of concern in regards to the respect for human rights… As the presiding country [of the OSCE] Serbia recognizes the importance of this issue and is trying to provide more active and concrete approach of the OSCE in addressing it. In light of this bleak security situation and looming instability, it is paramount that all the mechanisms that were designed and adopted by the participating States to oversee the implementation of commitments are strong and functioning.” Sean Callahan, chief operating officer of Catholic Relief Services, observed, “As global leaders in international humanitarian and refugee response, the US and Europe must find new and creative ways to help to alleviate this suffering and protect the vulnerable.  Pope Francis has led in this effort to do more by asking every Catholic parish in Europe to reach out and assist the refugees; he reminds us of our moral obligation to help the stranger... Despite efforts by [international NGOs] like CRS, local civil societies, governments, and non-traditional donors, the despair of so many refugees indicates that assistance must move beyond short-term band-aids to longer-term solutions.” Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Senator John Boozman (AR), Senator Jeanne Shaheen (NH), Representative Michael Burgess (TX-26), Representative Randy Hultgren (IL-14), and Representative Joe Pitts (PA-16).

  • Helsinki Commission Announces Hearing to Examine Europe's Refugee Crisis

    Europe is experiencing an enormous refugee crisis. An estimated half a million migrants and refugees have crossed the Mediterranean to Europe so far in 2015; as many as 50 percent are Syrian refugees.  Thousands more join them each day, and many of the European nations of the Organization for Security and Cooperation in Europe (OSCE) are struggling to cope.

    As the regional security organization in Europe, how can the OSCE use its tools, standards, and commitments to help manage the humanitarian crisis and ensure that security and economic challenges are addressed? What has the US government done, and what should it be doing? The hearing will examine the reasons for the current crisis; relevant OSCE and other European agreements, commitments, and structures; the response of the OSCE, the EU, and the US; potential security issues related to the ability of extremists to infiltrate the refugee stream; and the potential for refugees to become victims of human trafficking.

  • Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech Republic

    Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere. Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ- 04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and Ruben Gallego (AZ-07). Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.

  • Chairman Smith and Serbian Foreign Minister Support OSCE Role in Promoting Peace in Ukraine

    WASHINGTON–On February 25, Rep. Chris Smith (NJ-04), Chairman of the Helsinki Commission, held a hearing at which Ivica Dacic, the Foreign Minister of Serbia and Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), testified as to his plans for Serbia’s 2015 leadership of the OSCE. The chief issue facing the organization is Russia’s invasion of Ukraine and the humanitarian needs of the people of eastern Ukraine, including the OSCE’s role in monitoring the Minsk cease-fire agreement. Both Russia and Ukraine are among the 57 member states of the OSCE, the world’s largest regional security organization. Opening the hearing, Chairman Smith said that Foreign Minister Dacic’s leadership of the OSCE “comes at a moment of tragedy, of tremendous human suffering.” Smith emphasized that “one OSCE member – the Russian government – is tearing the heart out of a neighboring member, Ukraine.” “Understanding that the OSCE is a consensus organization – meaning that the Russian government has an effective veto over many significant actions – we believe that the OSCE is still able and responsible to speak the truth about the conflict, to find ways to limit it, and to help the people of Ukraine,” he said. Foreign Minister Dacic emphasized that “the Serbian Chairmanship will make every effort to help restore peace in Ukraine.” In its role as Chairman of the OSCE, Dacic said, “Serbia brings to the table good relations with all the key stakeholders, and we are making every effort to serve as an honest broker and use our leadership role to utilize the OSCE toolbox impartially and transparently.” Foreign Minister Dacic also discussed the fight against human trafficking and anti-Semitism with Chairman Smith.  Other members of the Helsinki Commission participating in the hearing included Senator Ben Cardin, and Congressmen Joe Pitts, Alcee Hastings, and Steve Cohen.

  • Chairman Smith Urges OSCE Leaders: Respond to Humanitarian Needs in Eastern Ukraine

    WASHINGTON—A renewed effort is underway in the Organization for Cooperation for Security and Cooperation in Europe (OSCE) to urge it to respond to humanitarian needs in eastern Ukraine, and to follow through on OSCE commitments to fight human trafficking and anti-Semitism. Rep. Chris Smith (NJ-04) led the U.S. Delegation to the annual Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) last week in Vienna, where he spearheaded this push. Smith expressed particular concern about the potential for human trafficking of vulnerable groups stemming from the current conflict in Ukraine. In a question to Ivica Dačić, the OSCE’s Chairman-in-Office for 2015 and the Foreign Minister of Serbia, Smith drew attention to the needs of internally displaced persons and the potential for human trafficking in eastern Ukraine. He noted that, among the nearly one million internally displaced persons, woman and children are particularly vulnerable to trafficking, and raised concerns that criminal gangs are taking advantage of the conflict:   “Is the OSCE equipping the special monitoring mission and other OSCE entities working in the Ukraine conflict zone, or with IDPs, to recognize and protect human trafficking victims, and is the OSCE taking trafficking prevention measures for this particular vulnerable population?” At a private meeting during the event, Chairman Smith met with Chairman-in-Office Dačić  to discuss the humanitarian, human rights, and security concerns arising from the Russian-backed conflict in eastern Ukraine. Smith encouraged Serbia to vigorously uphold the commitments made at the at the 10th  anniversary of the OSCE's Berlin Conference on anti-Semitism, and to review and reform the OSCE’s contracting regulations to ensure that OSCE activities do not contribute to trafficking in persons. He also urged Chairman-in-Office Dačić to promote an appropriate commemoration by the OSCE of the 20th anniversary of the Srebrenica genocide. Chairman Smith also met the Director of the OSCE’s Office of Democratic Institutions and Human Rights, Michael Georg Link. In addition to human trafficking and anti-Semitism, the two discussed OSCE election observation missions, as well as the organization’s current efforts to protect freedom of religion. In a meeting with Ambassador Madina Jarbussynova, the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Chairman Smith spoke about the most effective ways to fight human trafficking and assist with the rehabilitation of trafficking victims – including by working with faith-based organizations, as well as by encouraging participating States to adopt legislation preventing child sex tourism, such as Chairman Smith’s legislation currently pending in the U.S. Senate. Chairman Smith has pioneered OSCE engagement in fighting human trafficking and anti-Semitism. Since 2004, he has served as the OSCE PA’s Special Representative on Human Trafficking Issues – click here to read his most recent report. Starting in 2002, Smith led the movement to put anti-Semitism on the agenda of the OSCE, and he continues to work closely with Rabbi Andy Baker, the OSCE’s Representative on Combating Anti-Semitism, to ensure a more vigorous implementation of OSCE commitments in the area. In 2005 Smith authored H. Res. 199, a landmark congressional resolution recognizing the atrocity at Srebrenica in which an estimated 8,000 civilian men and boys were murdered by Serb forces as a genocide.

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