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article
The Backpage.com Bust
Tuesday, October 09, 2018By 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.
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hearing
Politically-Motivated (In)Justice
Thursday, September 27, 2018Since 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.
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press release
Helsinki Commission to Explore Extradition Case of Lithuanian Judge Neringa Venckiene
Tuesday, September 25, 2018WASHINGTON—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
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article
The Human Dimension is a Parliamentary Priority
Friday, September 21, 2018Each 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).
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article
Viewing Security Comprehensively
Monday, September 17, 2018By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs What does an annual human rights dialogue have to do with peace and security? To the uninitiated, the answer may not be obvious. The OSCE’s annual Human Dimension Implementation Meeting (HDIM) focuses on the compliance by participating States with the Helsinki Final Act’s ten guiding principles for relations between states, including respect for human rights, and with its humanitarian commitments. Like the OSCE’s annual reviews of the security and the economic/environmental dimensions, the HDIM is a deep dive into a specific group of issues embraced by the OSCE. Yet all three of these dimensions are inextricably intertwined. The 1975 Helsinki Final Act enshrined groundbreaking linkages between the rights of the individual and peaceful relations among states in the concept of comprehensive security. It explicitly recognized that democracy, fundamental freedoms, and the rights of persons belonging to minorities underpin regional peace and security. By signing the document, all OSCE participating States have agreed that lasting security cannot be achieved without respect for human rights and functioning democratic institutions. The Potential of Comprehensive Security Soviet dissident groups were among the first to recognize the potential of the Helsinki Final Act’s then-revolutionary linkages. According to Yuri Orlov in Ludmilla Alexeyeva’s memoir “Thaw Generation,” the founders of the Moscow Helsinki Watch Group observed that the act represented “the first international document in which the issue of human rights is discussed as a component of international peace,” empowering dissident groups to hold their own authorities to account for human rights violations by way of other governments’ assessments. American presidents have repeatedly underlined the significance of the comprehensive concept of security enshrined in the Helsinki Final Act. President Ronald Reagan, returning from discussions with his Soviet counterpart in October 1986, made clear that progress on lessening of tensions and possible arms control agreements would require trust between the two sides, and that this trust was in turn predicated on the Soviet government’s record on meeting human rights commitments: “… I also made it plain, once again, that an improvement of the human condition within the Soviet Union is indispensable for an improvement in bilateral relations with the United States. For a government that will break faith with its own people cannot be trusted to keep faith with foreign powers.” President George H.W. Bush in 1992 underlined that in the act, “participating States recognized respect for human rights as an ‘essential factor’ for the attainment of peace, justice and cooperation among nations.” President Barack Obama in 2015 hailed the act’s central conviction that “the security of states is inextricably linked to the security of their citizens’ rights.” The concept of comprehensive security also lay behind the establishment of institutions such as the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which is tasked by the participating States with helping governments to meet their commitments to human rights and democracy. ODIHR describes its mission as “a cornerstone of the OSCE’s comprehensive concept of security.” Similarly, OSCE field missions helping OSCE participating States to strengthen their democracy and thereby their security through the implementation of the OSCE commitments in areas ranging from minority rights to media freedom. The relevance of human rights to building and upholding both internal and international peace has also been a reoccurring theme in the work of the OSCE Parliamentary Assembly. For example, in June 2017 the rapporteur of the OSCE PA Committee on Democracy, Human Rights, and Humanitarian Questions urged OSCE “governments to prioritize commitments to protect fundamental human rights and freedoms of every individual in addressing such pressing issues as countering violent extremism.” Comprehensive Security and the Helsinki Commission The comprehensive concept of security also inspired today’s U.S. Helsinki Commission. The commission has heard on numerous occasions from serving government officials just how crucial the relevance of human rights within states is to security among states. For instance, at a Helsinki Commission hearing while serving as Assistant Secretary of State for European and Eurasian Affairs, Philip Gordon emphasized, “The OSCE’s comprehensive approach to security offers a vehicle for engagement across the political, military, economic, and human rights dimensions. ... one of the most important features of the OSCE is that it recognizes that security is not just about what happens between states or beyond borders, but what happens within them.” At the same hearing, then-Assistant Secretary of State for Democracy, Human Rights, and Labor Michael Posner underlined, “Respect for human rights and fundamental freedoms within states is an essential element of security and prosperity among states. This principle lies at the core of the OSCE. Without a vigorous Human Dimension, the Helsinki Process becomes a hollow shell.” Helsinki Commissioners consistently emphasize the linkages between the various dimensions of security in all aspects of their work, including efforts to condemn torture; defend the rights of a free press; protect human rights and fundamental freedoms in the fight against terrorism; or underline the importance of individual liberty and the rule of law as the foundations of the NATO alliance. In 2017, all Senate members of the Helsinki Commission jointly introduced a introduced a bipartisan resolution urging President Trump to recognize the importance of the Helsinki Final Act and its relevance to American national security. As Chairman Roger Wicker observed, “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty.”
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article
Condolence Letter from OSCE PA President to Helsinki Commission Leaders Following Death of Sen. John McCain
Thursday, August 30, 2018This week, OSCE Parliamentary Assembly President George Tsereteli offered his condolences to Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) following the death of Sen. John McCain. The letter reads in part: “His departure will leave a large void in the hallways of the U.S. Capitol and in many capital cities, where so many of us appreciated his frequent visits and his staunch dedication to transatlantic co-operation … “More than anyone, he believed that a strong relationship between the U.S. and Europe is necessary to promote peace and stability across the OSCE area and throughout the world. This week, the OSCE lost a friend whose unwavering commitment to democratic principles made of him a critical voice in our transatlantic community. "Many of us remember fondly his participation in our 2012 Annual Session in Monaco, where he underlined U.S. efforts to sanction human rights offenders and when his words aligned our Assembly with a universal aspiration ‘for justice, for equal dignity under the law, and for the indominable spirit of human freedom.’” Sen. McCain was a longtime supporter of human rights and active in the OSCE region. In 2011, along with then-Helsinki Commission Co-Chairman Sen. Ben Cardin (MD), Sen. McCain was an original co-sponsor of the Sergei Magnitsky Rule of Law and Accountability Act imposing sanctions on those responsible for the death of Russian lawyer Sergei Magnitsky and individuals who commit gross violations of human rights against rights defenders in Russia. The two also co-authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges in the United States to those who commit gross violations of human rights or acts of significant corruption. At the 2012 OSCE PA annual session, Sen. McCain spoke passionately in support of a resolution on the rule of law in Russia, which highlighted Magnitsky’s case. “I believe that supporting the rule of law is pro-Russia. I believe that defending the innocent and punishing the guilty is pro-Russia. And ultimately, I believe the virtues that Sergei Magnitsky embodied—integrity, fair-dealing, fidelity to truth and justice, and the deepest love of country, which does not turn a blind eye to the failings of one's government, but seeks to remedy them by insisting on the highest standards—this too is pro-Russia, and I would submit that it represents the future that most Russians want for themselves and their country,” he said. “The example that Sergei set during his brief life is now inspiring more and more Russian citizens. They are standing up and speaking up in favor of freedom, democracy, and the rule of law. They, like us, do not want Russia to be weak and unstable. They want it to be a successful and just and lawful country, as we do. Most of these Russian human rights and rule of law advocates support our efforts to continue Sergei's struggle for what's right, just as they are now doing … let us align this Assembly with the highest aspirations of the Russian people—Sergei's aspirations—for justice, for equal dignity under the law, and for the indomitable spirit of human freedom.”
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publication
The OSCE and Roma
Friday, July 13, 2018Roma are the largest ethnic minority in Europe and are present in most of the participating States of the Organization for Security and Cooperation in Europe. Concentrated in post-communist Central and Southern Europe, the Romani population is estimated at over 12 million in EU countries, with significant numbers in former Soviet republics, the Balkans, and Turkey. Roma have been part of every wave of European immigration to North American since the colonial period. There may be as many as one million Americans with Romani ancestry. Roma have historically faced persecution in Europe and were the victims of genocide during World War II. In post-communist countries, Roma suffered disproportionately in the transition from command- to market-economies, in part due to endemic racism and discrimination. Over the past three decades, Helsinki Commissioners have led the effort in Washington to condemn racially motivated violence against Roma, including pogroms, murders, other violent attacks, and police abuse. The Helsinki Commission has also advocated for recognition of the enslavement and genocide of Roma and redress for sterilization without informed consent. The Commission has addressed race-based expulsion of Roma, the denial of citizenship to Roma after the break-up of federative states, and the consequences of ethnic conflict and war in the Balkans. The Helsinki Commission strongly supported the first international agreement to specially recognize the human rights problems faced by Roma, adopted by OSCE participating States in 1990. Download the full report to learn more. Contributor: Erika Schlager, Counsel for International Law
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press release
Annual Trafficking in Persons Report: Europe Falling Behind on Trafficking Victim Identification
Tuesday, July 03, 2018WASHINGTON—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.
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article
Inaugural PADWEEK Addresses Racial Discrimination across Europe
Friday, June 08, 2018On May 19, 2018, African-American Meghan Markle wed Prince Harry at St. George’s Chapel in Windsor, England. Black culture was celebrated throughout the event: Queen Elizabeth II’s first female black chaplain offered prayers, a black British choir sang African-American Ben E. King’s “Stand By Me,” and Chicago-based African-American Episcopalian bishop Michael Curry quoted civil rights icon Martin Luther King Jr. during his wedding address, preaching on “the power of love.” However, the public discussion leading up to the wedding was riddled with racial stereotyping and prejudice spurred by Markle’s biracial identity—her father is white and her mother is black. British news outlets were heavily criticized for racial insensitivity after commenting on Markle’s “unconventional family,” and using phrases like “unlikely pairing” to further differentiate between the prince and Markle. Unfortunately, racial bias is not confined to Markle—now Duchess of Sussex—but instead extends to many black people in Europe. According to four comprehensive reports from the Organization for Security and Cooperation in Europe, the European Commission, the EU Agency for Fundamental Rights, and Open Society Foundations, a significant percentage of the estimated 15–20 million people of African descent living in Europe have experienced high rates of prejudice and discrimination. Just days before the wedding, racial equality advocates from across Europe gathered in Brussels to address this problem. At the inaugural People of African Descent Week (PADWEEK), organized by the European Parliament Anti-Racism and Diversity Intergroup, Transatlantic Minority Political Leadership Conference, Each One Teach One, and the European Network Against Racism, more than 100 black European activists discussed current racial injustices in Europe and recommended ways for European leaders to respond to increasing hate and discrimination across the region. Attendees included black policymakers, business leaders, and human rights activists from across Europe. Helsinki Commissioners Rep. Alcee Hastings (FL-20) and Rep. Gwen Moore (WI-04) were two of nine honorary hosts. “Whether in America or Europe, we must all do more to uphold the democratic values of our nations,” Commissioner Hastings said in a statement. “Skin color should not determine one’s access to rights, protections, and opportunities in a democracy.” Though the agenda was full with discussions ranging from BREXIT to migration to Africa-EU relations, PADWEEK addressed issues of racial discrimination head-on and introduced new ways to find solutions. It called for change to a well-ingrained European system that has left black people by the wayside for centuries. Race and legal issues were raised repeatedly in discussions. German legal expert and human rights activist Thomas Ndindah called for justice for Oury Jalloh, an asylum seeker who burned to death in a German police cell while handcuffed to a mattress in 2005. Participants also questioned a so-called “Marshall Plan” for Africa, the name of which alludes to the American-European economic plan that helped rebuild Western Europe following World War II. Participants voiced concerns that African countries were not being viewed as equal partners in the negotiations or consulted on the name. Instead, many attendees viewed the plan as Europeans paying African governments to keep unwanted African migrants from reaching Europe, while at the same time purposefully attracting Africa’s highly skilled professionals to Europe. This raised one question: how would Africa benefit from this “Marshall Plan” for Africa if Africa’s brightest and best were contributing to countries elsewhere? The week ended with a list of recommendations from participants and a passionate speech by Mirielle Fanon-Mendes-France, daughter of twentieth century philosopher Frantz Fanon. She called on European institutions to deliver on longstanding promises to address the ongoing impact of colonialism and slavery on the present-day well-being of black Europeans. Recommendations from PADWEEK included: Recognizing the history of past injustices by adopting a European Black History Month and a Remembrance Day for victims of colonialism and enslavement Supporting empowerment and anti-discrimination initiatives by funding black-led civil and human rights organizations Adopting legislation in the European Parliament on an EU Framework for National Strategies for Equality and the Inclusion of People of African Descent in Europe
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briefing
Fighting Human Trafficking in Travel and Tourism: New Challenges & Solutions
Monday, May 07, 2018Traffickers 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.
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press release
Human Trafficking in Travel and Tourism Topic of Upcoming Helsinki Commission Briefing
Tuesday, May 01, 2018WASHINGTON—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.
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press release
Chairman Wicker, Ranking Member Cardin on Anniversary of Death of Joseph Stone in Ukraine
Monday, April 23, 2018WASHINGTON—On the one-year anniversary of the death of Joseph Stone, a U.S. paramedic serving in the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Sen. Roger Wicker (MS) recalled Stone’s tragic death, criticized the pressure put on international monitors, and called for the Russian government to end the cycle of violence that resulted in Stone’s death. Stone’s life was cruelly cut short when his vehicle struck a landmine in separatist-controlled territory in eastern Ukraine. “Civilian OSCE monitors like Mr. Stone risk their lives to tell the world what is happening, even as they face violent harassment and physical obstruction. Monitors should be able to travel throughout the country without restriction or intimidation, as their mandate requires,” Sen. Wicker said. “Russia’s continued fueling of this war must end. Putin and those he supports should live up to their commitments under the Minsk agreements and get out of Ukraine.” Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and Ranking Senate Commissioner, praised the work of the monitors and condemned Russia’s leaders for their role in the conflict. “Joseph Stone gave his life in service to a mission that shines a light on a war that has killed thousands and affected millions more. Every day, these brave, unarmed monitors report the ground truth from a conflict manufactured by Putin and his cronies to advance his vision of a weak and destabilized Ukraine,” Sen. Cardin stated. “Russia’s invasion of Ukraine is one of the most serious breaches of OSCE principles since the signing of Helsinki Final Act in 1975. The Russian regime must put an end to the cycle of violence it perpetuates in Ukraine and live up to its OSCE commitments.” The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine. It currently fields roughly 700 monitors, nearly 600 of whom are in the Donetsk and Luhansk regions. The United States supports the SMM by providing more than 60 monitors and other resources to the mission.
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Helsinki Commissioner Richard Hudson Highlights Russian Aggression, Decline in Rule of Law in Turkey at Inter-Parliamentary Forum
Monday, March 05, 2018On February 22 and 23, 2018, approximately 240 parliamentarians from 53 countries in North America, Europe, and Central Asia met in Vienna, Austria for the 17th Winter Meeting of the OSCE Parliamentary Assembly. Helsinki Commissioner Rep. Richard Hudson (NC-08) represented the United States and actively advocated for U.S. positions and expressed U.S. concerns regarding challenges to security and cooperation in Europe, including Russia’s clear, gross, and uncorrected violations of Helsinki principles. Established in 1991, the OSCE PA is the parliamentary counterpart to the multilateral diplomacy that takes place under the auspices of the OSCE. By meeting each winter in Vienna—home of the OSCE Secretariat—the OSCE PA fosters parliamentary interaction with OSCE officials and the diplomatic representatives of the 57 participating States. The first OSCE PA meetings of the year, and second in importance only to the annual session held each summer, Winter Meetings allow parliamentarians to prepare their work for the coming year and debate issues of immediate concern. Rep. Hudson spoke in all formal sessions of the 2018 Winter Meeting and in the meeting of the Ad Hoc Committee on Countering Terrorism, where he serves as vice-chair. During the meeting’s opening session, he forcefully denounced Russian aggression against its neighbors and expressed strong support for the OSCE’s Special Monitoring Mission in Ukraine. Addressing the OSCE leadership, he said, “The Kremlin needs to halt the violence in eastern Ukraine and withdraw all political, military, and financial support for its proxies, restore Ukrainian control over its international borders, and respect Ukraine’s territorial integrity and sovereignty. Moscow must also end its illegal occupation of Crimea. In short, President Putin needs to de-escalate his manufactured conflict.” Later in the Winter Meeting, Rep. Hudson noted the third anniversary of the murder of Russian opposition activist Boris Nemtsov in Moscow. “Three years on, the organizers and masterminds of the Nemtsov assassination remain unidentified and at large,” he said. “The connection between [Russia’s] aggressive external behavior and the retreat from democracy and violation of human rights at home … in my view cannot be stressed strongly enough.” Condemning the continued imprisonment of American citizen and fellow North Carolinian Pastor Andrew Brunson in Turkey, as well Turkey’s recent sentencing of NASA scientist Serkan Golge, Rep. Hudson called for their immediate release and a continued focus on outstanding human rights cases arising from President Erdogan’s assault on democracy in Turkey. He also supported greater energy security through diversification of sources, outlined the U.S. approach to the challenge of nuclear proliferation, and suggested ways for the OSCE more effectively counter terrorism. OSCE PA President George Tsereteli of Georgia, who recently visited New York and Washington, welcomed active U.S. engagement and credited the Helsinki Commission for turning OSCE PA efforts into diplomatic initiatives which can directly improve people’s lives. The next meeting of the OSCE PA will be its annual session, scheduled for Berlin, Germany, in early July.
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press release
Chairman Wicker Urges Bosnia to Curb Corruption
Thursday, February 22, 2018WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) issued the following statement regarding an Organization for Security and Cooperation in Europe report on the failure of Bosnia’s court system to tackle corruption in the country: “I am hopeful that Bosnian officials at all levels of government will take the findings of this report to heart. Curbing corruption needs to be a top priority for Bosnia if it hopes to pursue European integration.” Chairman Wicker had previously warned of worsening corruption in Bosnia in a February 4, 2016, interview with RFE/RL. In that interview, he said that he was “troubled that responsible political authorities in Sarajevo tolerate the subversion of the rule of law by entrenched local interests.”
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A Call for Action against Anti-Semitism in Europe
Friday, February 02, 2018By Erika Schlager, Counsel for International Law, and Mischa Thompson, Senior Policy Advisor In commemoration of International Holocaust Remembrance Day, the OSCE Italian Chairmanship hosted an “International Conference on the Responsibility of States, Institutions, and Individuals in the Fight against Anti-Semitism in the OSCE Area” on January 29, 2018. More than 300 government officials and civil society leaders participated in the event, including ten cabinet-level Ministers from OSCE participating States. Ambassador Michael Kozak of the Department of State Bureau of Democracy, Human Rights, and Labor, represented the United States. Reflecting the Chairmanship’s strong commitment to addressing anti-Semitism, the conference was held during the 80th anniversary of Italy’s adoption of the Italian Racial Laws, which restricted the rights of Italian Jews and the native inhabitants of the colonies. Conference participants raised concerns about the increasing power of anti-Semitic and xenophobic parties in France, Austria, Hungary, and Germany; anti-Semitic marches in Poland, Sweden, and the United States; and the safety and future of Jewish communities in Europe. Several speakers voiced alarm regarding the a law passed in the Polish parliament on the eve of the conference, which is ostensibly intended to ensure accuracy when ascribing responsibility for the genocide perpetrated by Nazi Germany, particularly at death camps in German-occupied Poland. Critics argue that the bill will criminalize scholarship, journalism, and even first-hand observations regarding wartime crimes committed by Poles. “Holocaust denial,” observed one participant, “should not be a state policy.” Ministers from a number of countries cited the importance of speaking out against anti-Semitism. They also stressed the value of using the expertise of the OSCE Chair-in-Office Personal Representatives and OSCE Office for Democratic Institutions and Human Rights’ tools on hate crimes, Jewish community security, tolerance and Holocaust education, and civil society capacity and coalition building. Several government representatives commented on their respective countries’ use of the International Holocaust Remembrance Alliance’s working definition of anti-Semitism as a useful guide for participating States and civil society to expand efforts to address rising intolerance. Non-governmental participants emphasized the important role of policymakers and government officials in speaking out against hate crimes and drafting and implementing laws to ensure that Jewish communities can live and worship in safety. Ensuring that individuals can practice the central tenets of their faith, from circumcision to kosher food preparation, without government impediments is central to freedom of worship. Civil society groups, as well as representatives from Facebook and Google, discussed initiatives to address hate online, including the role of internet service providers in removing content that may violate terms of service or violate the law. Of particular concern were disinformation campaigns on social media that promulgate negative stereotypes about Jews and may foster prejudice. One speaker described the “Protocols of the Elders of Zion” as an early exemplar of “fake news,” and others stressed the importance of counter-narratives to address particularly problematic stereotypes and falsehoods. While artificial intelligence may have a future role in addressing content that may be legal but is still harmful, current technology does not provide solutions. A discussion of efforts targeting youth through education and sports featured Israeli Olympian Shaul Landansky and focused on the creation of environments in which anti-prejudice and anti-discrimination tools could be utilized, and at the same time bring diverse communities together. Such initiatives have the potential to broaden coalitions to address anti-Semitism and other forms of hatred. OSCE Chair and Foreign Minister Angelino Alfano called for the OSCE to convene an annual anti-Semitism conference to commemorate International Holocaust Remembrance Day, and ensure a sustained focus on addressing anti-Semitism in the OSCE region. Slovakia, as the OSCE Chair-in-Office for 2019, has agreed to hold an anti-Semitism conference next January. Prior to the opening of the Chairmanship conference, Pope Francis granted an audience to delegates and speakers, citing the importance of “educat[ing] young generations to become actively involved in the struggle against hatred and discrimination.” His point was reiterated later in the day at the conference by young leader Alina Bricman of the European Union of Jewish students, who cited “treasuring inclusive societies” and “empowering youth to shape their communities” as key to a shared future. Members of the Helsinki Commission have long advanced solutions to address anti-Semitism. Ranking Commissioner Senator Ben Cardin serves as the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance. "The growth in anti-Semitic and xenophobic political parties across Europe and North America that foster an environment of hate increase the urgency of this conference,” said Senator Cardin. “Acknowledging our common history of the Holocaust is essential but more must be done. It’s incumbent upon all civilized people to ensure that tools are in place to counter a resurgence of the fear and hate mongering — whether directed at old targets or new—that led to those tragic events in the first place." “I am deeply disappointed that on the eve of this conference the Polish parliament passed a law that may impede research, scholarship, journalism—even personal reflections—on the Holocaust subject to criminal penalties. While the stated purpose of this law is to improve more accurate statements about the Holocaust, this is the wrong way to achieve that goal,” he said.
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Austrian Chairmanship Achieves Consensus for Human Trafficking Prevention
Tuesday, January 02, 2018On 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.
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publication
New OSCE Ministerial Decision Builds on OSCE PA Best Practices to Fight Child Trafficking and Other Sexual Exploitation of Children
Friday, December 22, 2017On 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
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publication
Non-Governmental Participation in the OSCE
Tuesday, December 19, 2017Non-governmental organizations (NGOs) are welcomed at many, though not all, meetings of the Organization for Security and Cooperation in Europe (OSCE). OSCE rules for NGO participation are much simpler and more inclusive than at the United Nations (UN) or other international organizations, particularly as concerns human dimension events. One of the advantages of the OSCE is that it is the only international organization in which NGOs are allowed to participate in human dimension meetings on an equal basis with participating States. NGOs—no matter how small—can raise their concerns directly with governments. (Governments have a right of reply.) In addition, NGOs can hold side events during human dimension meetings in which they can focus on specific subjects or countries in greater depth than in the regular sessions of the event. Download the full report to learn more. Contributor: Janice Helwig, Representative of the Helsinki Commission to the U.S. Mission to the OSCE
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press release
OSCE Adopts Child Trafficking Ministerial Decision Modeled on Initiative of Co-Chairman Smith
Wednesday, December 13, 2017WASHINGTON—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.
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2017 OSCE Ministerial
Monday, December 11, 2017Foreign Ministers of the 57 OSCE participating States met in Vienna on December 7 and December 8, 2017 for the 24th OSCE Ministerial Council meeting. The United States was represented by Secretary of State Rex Tillerson, who in his statement described the OSCE as “an indispensable pillar of our common security architecture that bolsters peace and stability in Europe and Eurasia.” Secretary Tillerson focused much of his statement on the conflict in Ukraine, reiterating the United States’ commitment to Ukraine’s sovereignty, independence, and territorial integrity within its internationally recognized borders; calling for full implementation of the Minsk agreements; and confirming that Crimea-related sanctions will remain in place until Russia returns full control of the peninsula to Ukraine. In addition, he raised the importance of addressing radicalization and terrorism; the security consequences of irregular flows of migrants; and long-running conflicts in Georgia, Moldova, and Nagorno-Karabakh. The Ministerial Council adopted decisions on reducing the risk of conflict from the use of information and communication technologies; strengthening efforts to prevent trafficking in human beings; strengthening efforts to combat all forms of child trafficking and sexual exploitation of children; promoting economic participation; as well as a statement on the negotiations on the Transdniestrian settlement process in the “5+2” Format. Unfortunately, as has been the case for the past several years, the Ministerial Council was not able to reach consensus to adopt decisions in the human dimension, mainly due to Russian reluctance. Instead, 44 countries made a joint statement on human rights and fundamental freedoms, expressing concern about human rights and stressing the importance of civil society. Several side events and other meetings took place on the margins of the Ministerial. Secretary Tillerson held several bilateral meetings, including one with Russian Foreign Minister Lavrov. The OSCE Parliamentary Assembly held a meeting of its Bureau, and the NGO-network Civic Solidarity Platform held its annual OSCE Parallel Civil Society Conference. Helsinki Commission staff served as members of the U.S. Delegation to the Ministerial.
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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.