Name

Human Trafficking

Human trafficking enslaves nearly 21 million people worldwide at any given time and can take many forms, including commercial sexual exploitation, forced and bonded labor, forced child labor, forced begging, domestic servitude, trafficking in persons for the purpose of organ removal, and unlawful recruitment and use of child soldiers.  The hallmark of trafficking is commercial exploitation through force, fraud, or coercion (unless the person is a minor in commercial sex, which is presumed trafficking as minors cannot consent).  While movement across international borders is not required for someone to qualify as a trafficking victim, victims in the OSCE region come from both within the region and every corner of the world.

Since the 1990s, members of the Helsinki Commission have been active in combating human trafficking. Former Helsinki Commission Chair Chris Smith first raised the issue at the 1999 St. Petersburg Annual Session, and has since introduced or cosponsored a supplementary item or amendments on trafficking to committee resolutions at each annual session of the OSCE PA, including on issues such as the prevention of child-sex tourism, training of the transportation sector (particularly airlines) in victim identification and reporting, private sector responsibility for trafficking-free supply chains, special protections for vulnerable populations, government accountability for choosing trafficking-free suppliers and contractors, and and combating sexual exploitation of children. Since 2004, Rep. Smith has also served as Special Representative on Human Trafficking Issues to the President of the OSCE Parliamentary Assembly.

Staff Contact: Janice Helwig, senior policy advisor

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  • Iraqi Refugees: A Humanitarian Surge Is Needed for an ‘Invisible’ Humanitarian Crisis

    By Lale Mamaux, Communications Director and Marlene Kaufmann, General Counsel In August, staff of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) traveled to Damascus, Syria and Beirut, Lebanon and met with government officials, non-governmental organizations (NGOs), and religious groups regarding the Iraqi refugee crisis. While it is estimated that approximately 1 to 1.5 million Iraqis have fled to Syria and 50,000 have fled to Lebanon, they are not living in camps, but instead are a mobile population scattered throughout Damascus and Beirut as well as in other urban areas. That fact has made this humanitarian crisis virtually ‘invisible’ to the international community, but not for those Iraqi refugees who remain stranded, jobless, and deprived of essential services with conditions worsening by the day. This deepening crisis threatens to further destabilize the entire region. As the years in exile drag on, Iraqi refugees are becoming more and more desperate and depressed. Those who fled with some resources have by now seen those assets depleted and are reliant on services provided by international organizations and NGOs working in the region. Syria and Jordan host the largest population of Iraqis and do not permit them to work, although many find jobs in the “informal” sector making them targets for exploitation and abuse. As a result, fewer children are enrolling in school as their parents send them out, instead, to find whatever work they can on the street. More women are prostituting themselves, desperate to provide for their children, and domestic violence and alcoholism among this population are on the rise. Syria The bombing of the Golden Mosque of Samara in 2006 led to a mass influx of Iraqi refugees fleeing to Syria, where according to the United Nations High Commissioner for Refugees (UNHCR), approximately 30,000-60,000 Iraqis were crossing the border each month. In October 2007, the government closed its borders to virtually all Iraqis and imposed stringent visa restrictions – requiring Iraqis to apply for visas at the Syrian Embassy in Baghdad. Since February 2008, Syrian immigration sources indicate that the flow of Iraqis has stabilized once again. According to UNHCR, it has registered over 216,000 Iraqis as refugees. Since January 2007, UNHCR has identified over 7,800 at-risk refugee children or adolescents from Iraq, 95 unaccompanied or separated children, and over 5,900 women at risk. Additionally, in 2008 it identified at least 300 survivors of Sexual Gender Based Violence (SGBV). Many Iraqis arriving in Syria are moving into areas such as Masaken Barzeh, Saida Zainab, Jaramana, and Qudssya as well as to other urban localities outside of Damascus (in Aleppo, Homs, Hama, Deir Ezzor, Lattakia, Tartous and Hassaka). Iraqis have placed enormous strains on Syria’s economy and infrastructure and caused an increase in the cost of living (i.e. rent, food, fuel, medical assistance). As Iraqis financial resources continue to diminish and desperation sets in, they face homelessness, child labor, early marriage, and survival sex. With many Iraqis too afraid to return to Iraq due primarily to the personal violence they have experienced, there is more pressure among aid organizations to cope with increasing needs. Education: The Syrian government under the direction of the Ministry of Education allows children from Arab countries living in Syria to attend school. Schools run by the government are free of charge. Currently, according to the government, there are approximately 55,000 Iraqi children enrolled in Syrian schools, a significantly smaller number than was expected. While the admission of Iraqi students is relatively low, it has nevertheless put a substantial strain on an already overburdened school system. The Ministry of Education estimates that there are now 60 students per class and they are working as quickly as possible to build larger schools in order to eliminate the need for children to attend classes in shifts. Basic education in Syria comprises grades 1-9 and school is mandatory until the age of 15. However, if a child has been absent from school for two years they are not permitted to enroll. Unfortunately, this is the case for many Iraqi children in Syria who have not attended school since they fled their homes. Other factors contributing to parents’ hesitancy to enroll their children in Syrian schools include fear of being located by authorities and deported, harassment of Iraqi children by other students, and the fact that many Iraqi families in Syria are quite mobile, moving frequently among neighborhoods. With so many Iraqi youth not in school, many NGOs have expressed grave concern about the future generation of Iraqis who will lack an education and who are hanging around on the streets with nothing to do. Clearly, these young people could be susceptible to influence by groups or individuals who may not have their best interests in mind. Responding to the influx of Iraqi children in school, UNHCR is working in coordination with the United Nations Children’s Fund (UNICEF) and the Syrian Arab Red Crescent (SARC) to encourage enrollment in school. In addition to providing school supplies and uniforms for Iraqi children, UNHCR and UNICEF are working with the Ministry of Education to train teachers and counselors to work with these traumatized children. For example, there are reports of some Iraqi students coming to school with knives and other weapons in their backpacks, and of their sometimes "acting out" in a violent manner -- symptoms of the trauma they experienced in Iraq and during their flight to safety. Unfortunately, these behaviors generate resentment and sometimes violent responses by other students. Currently, the Ministry of Education is only able to provide one counselor for every 250 students. Commission staff also attended a graduation ceremony at the Greek Orthodox Ministry in Damascus for 100 Iraqi children, grades 2-7 (ages 6-12). This was a graduation from a summer program where children participated in activities such as arts and crafts in an effort to express themselves and relieve some stress from the trauma they had faced in Iraq and the uncertainty of their situation in Syria. The graduation ceremony consisted of presentations from teachers and counselors as well as singing and skits performed by the students. Health Care: Commission staff met with the Syrian Assistant Minister of Health, who described the burdens on the health care system as a result of the influx of Iraqi refugees since 2003. The health care system is comprised of 1600 clinics and 70 hospitals, 5 of which offer services free of charge to Iraqi refugees. The Minister estimated that support for the health needs of the refugee community costs the Syrian government an estimated $150 million per year. The government is particularly concerned about communicable diseases and therefore has a mandatory vaccination program for all children. Despite substantial contributions from the European Union, UNHCR and UNICEF during the past two years to establish additional clinics and fund vaccinations, the minister estimated that only 5% of the health needs of Iraqi refugees are being met. Particularly critical are the strains put on services for kidney disease, including dialysis, and heart disease. The minister explained that these services were already quite limited for Syrian citizens. Since 2003, according to the minister, anyone needing heart surgery essentially has to “take a number and wait.” The minister indicated that with the help of the World Health Organization (WHO) the government is also trying to address the increasing psycho-social needs of Iraqi refugees. Two hospitals, one in Damascus and one in Aleppo, are offering these services. Trafficking in Persons/Shelter: The Syrian government is undertaking initiatives to counter human trafficking and is in the process of establishing a shelter for victims of trafficking. Beginning in 2005, the International Organization for Migration (IOM) began holding educational workshops and invited Syrian officials to attend. A governmental committee was formed in 2006 to address trafficking issues, however progress was slow. In 2007, private sector experts advised the committee on counter trafficking measures and, as a result of this public-private partnership, anti-trafficking legislation was drafted. The legislation was endorsed by the committee in late 2007 and was sent to Parliament in June of this year. In coordination with other partners, IOM began raising money for a trafficking shelter. The Netherlands contributed $30,000 Euros, and UNICEF gave $30,000 (USD). The Syrian government has allocated a space for the shelter, however it is in need of major renovations, which are currently under way. The shelter is expected to open in the next 3-4 months and will serve all populations, not just Iraqis. Iraqis, especially women who arrive in Syria as the head of household with no financial resources, are facing extreme circumstances. Since the Syrian government does not allow Iraqis to work, increasing numbers of refugees have resorted to child labor, survival sex, and offering their daughters for short-term or weekend marriages, commonly referred to as “pleasure marriages” to make ends meet. More women and children are facing Sexual Gender Based Violence (SGVB) by their husbands’ or the male head of household. UNHCR, in coordination with partners UNICEF, IOM, the United Nations Population Fund (UNFPA), and United Nations Development Program (UNDP), are working together to assist Iraqi women who have been physically or sexually abused and are in detention. UNHCR is also supporting several safe houses located in Damascus that help abused Iraqi women and children. The Good Shepherd Sisters: Commission staff also met with Sister Marie-Claude Naddaf of the Good Shepherd Sisters in Damascus in order to learn first-hand of the critical work that she and her community have undertaken in support of Iraqi refugees. Sister Marie-Claude described the suffering of the Iraqi people that she sees every day, those who have fled under threat of violence and arrive in Syria in an already traumatized state. Because of the circumstances and the uncertainty of their situation in Syria most Iraqi refugees, including children, suffer from severe stress and depression. Focusing on the needs of children, the Good Shepherd Sisters, in concert with UNHCR and other organizations have provided summer camps outside of Damascus for refugee children to play and relax in a peaceful venue and escape the stresses of their daily lives. The sisters also provide extensive educational and recreational programs for adults and children throughout the year in a community center in Damascus, and have taken the lead in establishing a shelter for women and children and a hotline for abused women. Commission staff also visited the shelter and met with several of the women and children who reside there. Distribution of Food: Food distribution is conducted by the World Food Program (WFP) and UNHCR. Refugees in Syria receive their food and financial distribution every two months from either the Douma or Saida Zeinab distribution centers. The distribution schedule is communicated to refugees through short cell-phone messages, information posted on boards in the Douma Distribution center, or by postings on the food distribution website: http://unhcr.un.org.sy/food.htm WFP provides the following basic commodities in their food baskets: 12.5 kilos of rice, l litre of oil, and 2.5 kilos of lentils. UNHCR provides the following complementary items that coincide with the basic commodities provided by WFP: 1 kilo of sugar, 200 grams of tea, 1 kilo of pasta, ½ kilo of tomato paste, 1 kilo of bulgur wheat, and one box each of soap and washing detergents. In addition to food distribution UNHCR also provides a seasonal distribution of mattresses and blankets. Those Iraqis living outside of Damascus who have registered with UNHCR are able to call a hotline to find out dates and locations of food distribution. Stories of Iraqis in Syria: Commission staff met with Iraqi refugees serving as outreach coordinators for UNHCR to gain a better understanding of their hands-on work in the community. The coordinators have a direct line of communication into the Iraqi community in Syria, including with those who have not registered with UNHCR, and they serve as a trusted go between for UNHCR and the community. During the meeting the coordinators spoke of the dire circumstances facing Iraqi refugees in Syria and also shared their personal stories. One coordinator explained that her husband was killed in Iraq and that one of her sons was picked up by U.S. military personnel and another son was kidnapped by a militia group – both were tortured. Fearing for her life, she fled to Syria. Another coordinator told staff that three of her cousins were killed by U.S military personnel because they were accused, wrongly according to the woman, of being terrorists. In addition, staff participated in a resettlement interview with an Iraqi family at UNHCRs Registration and Distribution Center in Douma. The family had owned a jewelry store in Baghdad and fled Iraq after one son was kidnapped and beaten by his captors. After this incident, the family first fled to another neighborhood in Baghdad where they thought they would be safe. However, shortly after the move their home was raided by militia who gave them three days to leave or be killed. The family then fled to Syria. The father made his way to Sweden, while the mother was left to care for her four children in Syria. During the interview it was revealed that the family has now been in Syria for two years, their savings are almost completely diminished and the mother is working as a seamstress to try to make ends meet. The youngest child suffers from post-traumatic stress disorder after a gun was pointed at him during the raid on their home in Baghdad. Only one of the four children has attended school in the past two years and only for several months because she was severely bullied and harassed by the other children. LEBANON Lebanon, a small country of 4 million people, has opened its doors to 50,000 Iraqi refugees, many of whom came after the 2006 bombings in Samara. Roughly 51 percent of Iraqis in Lebanon are Shi’a Muslims, 19 percent are Chaldean Catholics, and 12 percent Sunni Muslims. UNHCR has registered over 10,400 Iraqis since June 2008. In 2007, UNHCR resettled 450 Iraqis to the United States, Sweden, Canada, Australia and other countries. They expect to resettle 1500 refugees in 2008. Iraqi refugees in Lebanon face many challenges, however it is a better economic environment than in other host countries. Unlike Jordan and Syria, Iraqis in Lebanon can work if they obtain a work permit. The educational needs among Iraqi children in Lebanon are quite dire as 42 percent have not completed elementary school, 40 percent of Iraqi children between the ages of 6 and 17 are not enrolled in school due to the high cost of tuition and the need to help provide for their families. It is estimated that, in 2007, only 1,200 Iraqi children were enrolled in school. Health care needs among Iraqis remain constant and medical care cannot be easily accessed in Lebanon due to its exorbitant cost. NGOs and other charitable organizations are able to provide coverage for only 24 percent of serious medical cases. As Commission staff found during a visit to Jordan and Turkey last March, many Iraqis in Lebanon are experiencing psycho-social issues due to the stress of their displacement and the unstable environment they encounter in their host countries. This stress has contributed to a rise in domestic violence and drug and alcohol abuse among the refugee population. Migrant domestic workers in Lebanon are a vulnerable group as well with an estimated 200,000 in the country, approximately 100,000 who arrived illegally. These domestic workers are primarily women from Southeast Asia and Africa – Sri Lanka, The Philippines, Ethiopia, and Madagascar – and are brought to Lebanon by employment agencies working in those countries. These agencies frequently promise “fee paid” employment in a secretarial capacity or in sales. The agencies typically charge the employer $1,500 to bring the domestic worker to Lebanon. Upon arrival, many employers take the women’s passports; force them to work long hours, frequently without pay; and often abuse them. Unhappy about how their people are being treated, the Philippine and Ethiopian Embassies have placed restrictions on employment in Lebanon for their citizens. Caritas Lebanon Migrant Center: Established in 1994, the Caritas Lebanon Migrant Center (CLMC) has as its mission “to strengthen and protect the human rights of migrants, refugees and asylum-seekers in Lebanon.” To date, the Center has assisted more than 100,000 individuals through services such as social and legal counselling and assistance; humanitarian, medical and emergency assistance; orientation seminars for migrants; temporary shelter and safe houses; summer camps and other recreational activities; vocational training and reintegration programs, as well as advocacy efforts with the public and relevant government agencies. In the early 1990s, CLMC worked exclusively with migrant populations, primarily Sudanese. Iraqis began to arrive in 1997, primarily from the Shiite and Christian communities, seeking work and resettlement in Europe or Australia. In 2003, the number of Iraqis entering Lebanon increased substantially and many sought assistance from CLMC. With funding from the U.S. government, CLMC began a program to provide medical support to the refugees, many of whom were suffering with cancer and chronic diseases and had no access to public medical facilities in Lebanon. CLMC negotiated with public hospitals and clinics to establish a treatment program for the refugees. They were also able to arrange reduced-cost treatment with some private hospitals, particularly for those afflicted with cancer and heart disease. CLMC also provides a wide array of educational programs for children and adults. Most Iraqi children are unable to attend school in Lebanon due to the language barrier. Many also frequently “act out” aggressively due to the psychological trauma caused by their circumstances. CLMC provides informal classes and vocational training for children, as well as summer camps where counsellors work with the kids in a relaxed atmosphere to address their unique psychological needs. CLMC undertakes assistance programs for women as well. To date, they have held 160 seminars to train outreach workers for the migrant worker and refugee communities and as a result now have 800 women working in locations nation-wide. The Center has established a shelter for abused women and one for victims of trafficking (described below). In coordination with UNHCR, CLMC provides legal assistance to the refugee and migrant worker community. They currently retain two full-time and ten part-time attorneys and have successfully prosecuted a substantial number of abuse cases on behalf of those who have sought shelter with CLMC. In addition, as described below, Caritas, working with UNHCR and other NGOs, successfully negotiated an amnesty for detained Iraqi refugees, giving them the opportunity to seek employment and regularize there status. Detention Facility Visit: Commission staff visited a detention facility operated by the General Directorate of General Security (General Security) – the governmental authority in Lebanon responsible for the legal status of foreigners in the country. The facility holds those Iraqi refugees and migrant workers who entered the country illegally and are without documentation. It is located under a freeway in downtown Beirut and was constructed from a parking garage. The conditions in the facility are deplorable, yet are much improved from several months earlier, due in large part to the work of NGOs, such as the Caritas Lebanon Migrant Center (CLMC), in coordination with General Security. The air-intake vents, only recently installed through the efforts of Caritas, circulate air into the underground facility. Unfortunately, due to the center’s location under the freeway, the air is filled with exhaust from automobiles traveling above. Inside, fans are placed throughout to further circulate the air into the cells where detainees are held. There is no sunlight, lighting is very dim and temperatures are extremely hot in the summer and cold during the winter. The facility contains 13 cells with roughly 40 individuals housed in each cell. Detainees sit on the floor of the cell on mattresses which also serve as their beds. They are allowed to leave their cells, but not the detention facility, on very rare occasions – such as laundry detail or to receive medical treatment – and never leave the facility until their release. There is a bathroom and a separate shower in each cell which are enclosed; however there is virtually no privacy. Women are housed together according to their nationality and men are housed alphabetically. The average length of stay can range from one month to over a year, depending on the length of time it takes to arrange deportation or voluntary departure. CLMC has played an instrumental role in helping to improve the dire conditions of the facility. Prior to their intervention, detainees had no bathrooms, showers or mattresses to sleep on. Furthermore, they were unable to have their clothes washed and were living in utter filth. Working closely with General Security, CLMC now has several full-time staff working 24-hours a day in the facility with detainees. Additionally, CLMC was able to put bathrooms and showers in each cell, provide mattresses for each detainee, purchase a washer and dryer to clean the detainees’ clothes and bedding , and provide 3 hot meals per week. Human Rights Watch released a report in November 2007 entitled, ‘Rot Here or Die There: Bleak Choices for Iraqi Refugees in Lebanon,’ showing the conditions that Iraqi refugees face in Lebanon if they are without documentation. In response to the report and pressure from other NGOs, General Security agreed in 2008 to release all Iraqis detained for illegal entry and allowed them to go through the existing regularization process once released. UNHCR, in coordination with its implementing partner Caritas Lebanon, supported this directive by assisting refugees with the initial regularization fee of $600, as well as providing legal advice and counseling. After being released, Iraqis have 3 months to regularize their status which requires them to find an employer who will sponsor them for a work permit. The government has recently extended this period to 6 months with the overall number of arrests declining. This decision benefits not only Iraqi refugees, but all foreigners including refugees and asylum seekers of other nationalities who have entered Lebanon illegally. Visits with Iraqi families: Commission staff had the opportunity to visit Iraqi families in their homes in eastern Beirut. The families shared their tragic stories with staff and the circumstances in which they are living in Lebanon. While all expressed relief to be safe from the violence in Iraq, they are faced with a great deal of uncertainty about the future and a severe lack of resources. Their compelling stories follow: CASE A: Hana has 4 children. She is the head of her family since her husband was kidnapped in Iraq. The family came to Lebanon legally in December 2007. Hana’s eldest son was in his first year of medical school in Iraq when he received many threats. One day, while walking home from work, her son and his friends were attacked and her son was shot in the arm, his friend was shot in the face. Hana's son was able to make it to the family home; however, they had no medicine with which to treat his wounds. Hana's husband went to the pharmacy for medicine and was kidnapped, never to be heard from again. The family searched relentlessly for him in hospitals and police stations to no avail. With no news, a family member urged them to leave the country immediately for fear of another attempt on the life of the son. Hana's son is currently incapacitated because of his injured arm, however he was able to receive reconstructive surgery in February. Only one family member is currently able to work and the income is insufficient to meet their needs. However, during the visit Hana informed Commission staff that the family had just been notified by UNHCR that their case was approved for resettlement to the United States. CASE B: Rita, mother of 2 boys, is the head of the family since her husband was kidnapped in 2006 while she was pregnant. She came to Lebanon legally with her unmarried brother in June 2008. Her husband was a driver for the U.S. military. He received threatening letters, but never took them seriously. Rita’s mother had fled to Lebanon before her daughter after her own husband was murdered. Rita’s brother was traumatized by his father’s death and suffers from psychiatric complications. The family has no financial resources. Just two days prior to the meeting with Commission staff Rita had found a job in a textile factory working from 7 a.m. to 6 p.m. CASE C: Rana is a widow and the mother of 3 children. She came to Lebanon legally in May 2008. Her husband was a driver for the Christian Archbishopric in Iraq and was murdered in February 2008. Rana is severely traumatized. She is unable to care for herself and her children or to provide for them financially. Rana’s mother, who lives with her, suffers from cancer; she will be leaving soon for the United States. Rana hopes that she and her children can also be resettled to the U.S. with her mother. Caritas Shelter for Victims of Trafficking: In 2003, Caritas began implementing a program funded by the U.S. Department of State (G/TIP) for victims of trafficking. The program involves extensive cooperation with the General Security agency in Lebanon. According to Caritas, women migrant workers who are victims of trafficking have access to a safe house where they are able to escape their situation and consider future options, receive medical care, basic needs assistance, trauma counseling, legal aid, and counseling for future options in a supportive environment, and possible return to their country of origin or to a safe work situation in Lebanon. A 2005 survey conducted by Caritas/IPSOS found that 55 percent of migrant domestic workers in Lebanon face physical abuse, 39 percent are verbally abused and 17 percent are sexually abused. During the visit, staff met with a woman who had been brought to Lebanon to work for a wealthy family and faced unimaginable torture and abuse. As she recounted her story, she trembled with fear of the horror that she lived for five months before escaping. Upon arriving in Lebanon, her passport was taken, she was forced to work long hours without pay and was typically fed very little food. She was locked inside the house when the family for whom she was working was not at home. In addition to facing the aforementioned abuse, family members would take turns holding her down on the floor and burning her bare skin (body and face) with a hot iron. After enduring this severe trauma and torture for months, she escaped one day when the family was not home by jumping from a second story window. She has been living in the Caritas shelter since her escape. The International Catholic Migration Commission (ICMC): ICMC is the U.S. State Department's representative for processing refugees in Lebanon and works closely with the U.S. Embassy in Beirut and representatives of the Department of Homeland Security (DHS), in the conduct of screening interviews for those Iraqi refugees and others who seek resettlement to the United States. Just prior to the Commission staff visit, a DHS “circuit ride” of interview staff had been in residence at the Embassy compound conducting security interviews under very difficult circumstances – for both DHS and embassy staff. Security concerns require that all interviews must take place on the Embassy compound. Due to substantial space limitations and to ensure privacy for those being interviewed, Embassy and DHS personnel are required to operate in shifts, some lasting late into the night, in order to accommodate all applicants who travell to the Embassy each day. Under these trying circumstances, DHS personnel were nevertheless able to interview 920 applicants in a four week period. ICMC staff expressed gratitude not only for the DHS staff's fortitude under this grueling schedule, but also for their professionalism and compassion in dealing with those being interviewed. In order to alleviate these conditions, State and DHS should explore the possibility of permanently assigning one or two DHS interviewers to Embassy Beirut and providing additional housing and work space to accommodate their activities. Cultural Orientation: ICMC and the United States Refugee Program (USRP) conduct an intensive two day cultural orientation for Iraqi refugees who will be resettled to the United States. The cultural orientation is designed to provide Iraqis with a better understanding of what to expect once they arrive in the U.S. The following topics are covered in the ICMC-USRP cultural orientation training program: Cultural differences. The departure process and airport regulations. The nature of the IOM travel loan and the obligation to pay it back after arrival to the U.S. The responsibilities of the Resettlement Agency and the refugee during the first ninety days after the refugee’s arrival in the United States. Information on a refugee’s legal status until the acquisition of citizenship, including rights and restrictions of each status. Information on housing and transportation in the United States. The importance of learning and obeying the laws of the United States at federal and state level and the consequences of violating U.S. law. Information on the child and adult education system in the United States and the importance of learning English. The importance of finding and holding a job and understanding work values in the United States. Information on the health care system in the United States. Information on money management. Commission staff participated in an afternoon session during the first day of orientation for a group of Iraqis who had been approved for resettlement to the U.S. During the session participants raised the following questions: I have an international driver’s license; will that work in the United States? If both parents must work, who will watch the kids? Can I work right away when I get to the United States? Staff asked the group how they felt about relocating to the United States, (e.g. nervous, happy or fearful). Those who replied generally expressed apprehension. One gentleman said he won’t know until he’s “on the plane.” CONGRESS In July, Helsinki Commission Chairman, Congressman Alcee L. Hastings introduced the Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act (H.R. 6496), comprehensive legislation that addresses this worsening situation. H.R. 6496 has been endorsed by more than 25 NGOs and religious organizations and does the following: Authorizes $700 million for each fiscal year beginning in 2009 through 2011 for the relief of Iraqi refugees and Internally Displaced Persons; Increases direct accountable bilateral assistance, as appropriate under U.S. law, and funding for international organizations and non-governmental organizations working in the region; Authorizes $500 million to increase humanitarian aid and infrastructure support for Jordan; and Urges increased cooperation between the United States Government and the international community to address this crisis. CONCLUSION Iraqi refugees in Syria, Lebanon and elsewhere in the region continue to suffer daily and are faced with unimaginable circumstances. While the American public does not see pictures of ‘refugee camps’ set up in host countries, there are millions of Iraqis struggling to survive each and every day. On the ground, desperation has set in and only worsened this humanitarian crisis. The politics of the war must be put aside by Congress and a ‘humanitarian surge’ must be implemented. This means the provision of substantially increased bi-lateral aid, as appropriate under U.S. law, to countries hosting Iraqi refugees and increased funding to international organizations and NGOs working in the region. A U.S. contribution of at least fifty percent of the amount requested for all UN appeals for funding to assist Iraqi refugees, and IDPs, would show U.S. leadership in addressing this crisis, and hopefully encourage increased contributions by other countries as well. The process for resettling Iraqi refugees to the United States must also be expedited. This is particularly critical for those Iraqis whose lives have been threatened because of their work for the United States. The United States should also show leadership in encouraging the international community to focus on this humanitarian crisis, recognize it for the potential security threat it poses, and take steps to alleviate the suffering Iraqi refugees. If a picture is really worth a thousand words, then all one must do is look into the face of an Iraqi refugee who has had a family member murdered, kidnapped, or tortured, and their own life threatened, to know that the United States must respond – security in the region and the future of the Middle East depend upon it.

  • OSCE 101: Briefing for Civil Society

    Please join the U.S. Helsinki Commission for OSCE 101: BRIEFING FOR CIVIL SOCIETY Thursday, September 4, 2008  10:00 a.m. - 12:00 p.m.  Rayburn House Office Building  B318 For those in need of a refresher course and those interested in becoming involved. Learn about the Organization for Security and Cooperation in Europe and the Role of Civil Society For those planning to travel to Warsaw, Poland, remember to register to participate in the OSCE’s Annual Human Rights Meeting: What: Human Dimension Implementation Meeting (HDIM) When: September 29 – October 10, 2008 Where: Warsaw, Poland Why: Annual 2-week human rights conference What is the HDIM? The term "human dimension" describes the set of norms and activities related to human rights, the rule of law, and democracy that are regarded within the OSCE as one of the three pillars of its comprehensive security concept, along with the politico-military and the economic and environmental dimensions. Every year in Warsaw, the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) organizes a two-week conference, the Human Dimension Implementation Meeting (HDIM). The HDIM is a forum where OSCE participating States discuss the implementation of human dimension commitments that were adopted by consensus at prior OSCE Summits or Ministerial Meetings. These commitments are not legally binding norms; instead, they are politically binding - a political promise to comply with the standards elaborated in OSCE documents. Follow-up meetings to review the implementation of the commitments are based on the principle that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the state concerned. A comprehensive, 2-volume compilation of the OSCE human dimension commitments (available in English and in Russian) can be ordered free of charge through the ODIHR website: Volume 1: Thematic Compilation and Volume 2: Chronological Compilation.

  • Combating Sexual Exploitation of Children: Strengthening International Law Enforcement Cooperation

    The hearing examined current practices for sharing information among law enforcement authorities internationally and what concrete steps can be taken to strengthen that cooperation to more effectively investigate cases of sexual exploitation of children, including child pornography on the Internet. Despite current efforts, sexual exploitation of children is increasing globally. The use of the Internet has made it easier for pedophiles and sexual predators to have access to child pornography and potential victims. In May, the Senate Judiciary Committee passed the Combating Child Exploitation Act of 2008 (S.1738), which will allocate over one billion dollars over the next eight years to provide Federal, state, and local law enforcement with the resources and structure to find, arrest, and prosecute those who prey on our children.

  • Finnish OSCE Chairman-in-Office Outlines Priorities, Challenges for 2008

    By Ronald McNamara, International Policy Director Making an appearance on February 13th before the Helsinki Commission, early in Finland’s 2008 chairmanship of the OSCE, Minister for Foreign Affairs Ilkka Kanerva addressed a wide range of issues facing the Vienna-based organization and its 56 participating States. Kanerva, having served in parliament since 1975, the year in which the Helsinki Final Act was signed in the Finnish capital, stressed the unique contribution of parliamentarians in their role embodying “the aspirations of our peoples and to voice their concerns in all OSCE countries.” Chairman Alcee L. Hastings, President Emeritus of the OSCE Parliamentary Assembly, expressed appreciation for recognition of the parliamentary dimension of the Helsinki Process. Minister Kanerva noted, “The starting point of the Finnish Chairmanship is that the OSCE is a value-based organization that actively promotes our common values of democracy, human rights and the rule of law. We stress the full implementation of the human rights commitments by the participating States.” Chairman Hastings welcomed the emphasis on implementation especially given the mandate of the Helsinki Commission to monitor compliance with the common commitments accepted by all participating States regardless of when they joined the Helsinki Process. “We fully support and welcome Finland’s calls for greater effort by participating States to implement our common political commitments. Implementation is key, as the late President Gerald Ford underscored in his remarks in Finlandia Hall when he signed the Helsinki Accords on behalf of the United States. I am also mindful that all participating States, including this country, are obligated to translate words on paper into action and I welcome the scrutiny of others when our own policies and practices come up short,” said Hastings. Hastings and Kanerva had a lengthy exchange regarding developments in Kosovo and their implications for Balkans as well as the possibility of sustained OSCE engagement in the region. Kanerva, who had just returned from a visit to Belgrade and Priština, observed that the OSCE has played an important role in Kosovo -- in establishing and consolidating local institutions, in promoting democratization, the rule of law, as well as human and minority rights. “Because the OSCE has remained “status-neutral,” it has retained a unique ability to work with all ethnic communities in promoting stability and democratic development. It is my firm belief that the OSCE work in Kosovo is and will be beneficial to all Kosovars,” concluded the Minister. He continued, “The outcome of the status process could have a negative impact on the OSCE's engagement in Kosovo. You are well aware that the OSCE participating States remain deeply divided over the issue. This disagreement could lead to the current Mission’s termination. It would be a grave mistake for the OSCE and the entire international community if we were to leave it at that.” Chairman Hastings, who visited both Priština and the northern area around Mitrovitsa last June, remarked, “My overall concern comes again from personal experience. The OSCE mission in Kosovo complemented by the tremendous activities that the KFOR forces deployed to keep the peace there is one of, in my judgment, the most successful OSCE missions, capable of working with the various factions in that area. I always ask the question: if there was no OSCE mission or had not been there in recent years, what would be the situation on the ground there today? And how much closer would the parties be to arriving at a resolution of what is, by anybody's standards, a substantial conflict? Minister Kanerva stressed, “I am determined to ensure continued OSCE engagement in Kosovo regardless of the status process. I am aware of the fact that any participating State has the possibility to use a veto and to end the mandate of the present mission - the mission which at the moment comprises 800 people and which has an immense effect on the viability of the civil society. Should this happen, I am prepared to immediately start the negotiations on a revised mandate for the OSCE mission. I am convinced that all participating States agree on the need for continued OSCE engagement in Kosovo.” Regarding conflicts elsewhere in the OSCE region, Kanerva remarked, “The Finnish chairmanship has put the so-called frozen or protracted conflicts in Moldova, Georgia, and Nagorno-Karabakh at the top of our agenda. I will personally visit all of these regions. I have already nominated also a special envoy to survey the progress in the process. One of the first things I have already done was to visit Ukraine and Moldova, to examine possibilities to kick start the stalled negotiation on the Transdnistria conflict. The Government of Moldova and the leadership for Transdnistria indicate their willingness to reengage and I have tasked my special envoy to see what can be done to take the process forward. We have knowledge of the difficulties in front of us. But we can't give up.” Minister Kanerva announced his intention to visit the South Caucasus nations of Armenia, Azerbaijan and Georgia. Chairman Hastings asked Kanerva to raise concerns relating to media freedom in Azerbaijan, the subject of a Commission hearing late last year, and provided a list of specific cases. Numerous other human rights concerns were also discussed from combating anti-Semitism and trafficking in humans as well as promoting democracy. In prepared remarks, Co-Chairman Benjamin L. Cardin stressed the importance of sustained OSCE engagement in efforts to fight anti-Semitism. “In recent weeks we have convened a series of hearings to assess the ongoing work of the OSCE in this regard and have heard from experts. These sessions have confirmed the importance of maintaining a distinct focus on anti-Semitism, and resisting attempts by some to reduce the attention under some kinds of generic tolerance rubric. It has also become clear that the personal representatives need some form of meaningful support mechanism. Perhaps some arrangement could be put in place by the troika of past, present, and future OSCE chairs, to ensure continuity,” remarked Cardin. Similar concerns were echoed in a statement by Ranking Minority Member Christopher H. Smith, “I appeal to you, in your term as Chairman-in-Office, not to allow the OSCE to give in to this fatigue and indifference! Anti-Semitism remains what it has always been, a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has often led to murder. It continues to threaten our Jewish brothers and sisters, and so the OSCE must redouble its efforts in the fight against the scourge of anti-Semitism. Smith, the OSCE Parliamentary Assembly President’s Special Representative on Human Trafficking welcomed the commitment of the Finnish chairmanship to give priority attention to OSCE efforts to prevent human trafficking, with particular attention to child victims. Russia’s troubling attempts to restrict the scope and size of OSCE election observations missions was also raised. Minister Kanerva expressed disappointment that, despite a concerted effort by OSCE, an acceptable solution could not be worked out to enable the deployment of an observation mission to Russia for the March 2nd presidential elections. He outlined his views regarding observation of the entire election process. “It means candidate and voter registration, electoral campaign, media coverage, complaints and appeals. The ODIHR must continue to be in a position to determine the length and size of observation missions on professional grounds in order to produce meaningful assessments and recommendations benefiting the observed country.” Having headed monitoring missions to Azerbaijan, Belarus, Ukraine, and most recently Georgia, Chairman Hastings called for a timely invitation for OSCE to observe the upcoming November U.S. elections. Kanerva thanked Hastings for his leadership of the mission to Georgia in early January and underscored the importance of close cooperation between ODIHR and the OSCE PA. Turning to Afghanistan, an OSCE Partner for Cooperation country, the Chairman welcomed the role played by Finnish forces in the northern part of that country. Minister Kanerva reported that active discussions were underway among OSCE countries regarding the kinds of initiatives that might be undertaken to assist Afghanistan pursuant to a general decision agreed to by the Madrid OSCE Ministerial Council last November. Priority attention is being given to strengthening border security and management, including along the 750 mile border between Afghanistan and Tajikistan. “At the same time we are discussing whether the OSCE might eventually become active on Afghan territory,” said Kanerva. Before concluding the hearing, the Chairman-in-Office and Chairman Hastings touched on ways to enhance cooperation among the OSCE participating States and strengthen the organization. Hastings acknowledged the complex task of managing the OSCE given the diversity of countries and diverging views among some on fundamental aspects of the organization and its mission. The two agreed on the importance of engagement with Russia. One possibility raised by Chairman Hastings was the assembling of a “Council of Elder Statesmen” along the lines proposed by the Hamburg-based Centre for OSCE Research in its working paper, “Identifying the Cutting Edge: The Future Impact of the OSCE.” In an innovative move, the Finnish chairmanship has expanded the Troika – past, present, and future chairs – to include others slated to assume leadership of OSCE in future years. At the Madrid OSCE Ministerial Council agreement was reached on chairmanships for Greece in 2009, Kazakhstan in 2010 and Lithuania in 2011. “I have invited my colleagues from the future chairmanships of Kazakhstan and Lithuania,” Kanerva reported, “to meet with the current Troika countries Spain, Finland and Greece to develop ideas for longer-term priorities. I am convinced there are many issues where the "Quintet" can add value and lead to more coherent OSCE action in the next few years.” Minister Kanerva concluded, “The Helsinki Commission embodies the longstanding engagement of the United States with the OSCE and the values that underpin it. The OSCE can only work with the full engagement of its participating States. The United States has always played a key role, and must continue to do so, if we are to achieve the ambitious goals we have set for our Organization.”

  • William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007

    Mr. Speaker, as Chairman of the Commission on Security and Cooperation in Europe, which has exercised unprecedented leadership in the global fight to combat trafficking in human beings, I rise in support of H.R. 3887, the Wilberforce Trafficking Victims Protection Reauthorization Act of 2007.  From our earliest awareness of this cruel phenomenon which enslaves an estimated 27 million victims, the Commission has led in the effort to mobilize nations to implement effective measures to combat human trafficking. My fellow Commissioner and former Chairman of the Commission, Representative Chris Smith is among those who have led the effort to bring an end to this modern day form of slavery, authoring the trafficking Victims Protection Act of 2000 and its subsequent reauthorizations.  Today, the Commission continues its work to support efforts to combat this global crime within the framework of the Organization for Security and Cooperation in Europe. Most recently, the Commission conducted an oversight hearing last October 11, to explore the progress made in combating human trafficking and the adequacy of resources dedicated to identifying victims of trafficking for forced labor, an area that we believe would benefit from additional resources and attention.  The reauthorization bill that we are taking action on today marks another important milestone in preventing the inhumane practice of human trafficking, protecting trafficking victims, and prosecuting the criminals that perpetrate these crimes.  In addition to bolstering the resources needed to continue various anti-trafficking programs, H.R. 3887, which I cosponsored, would strengthen mechanisms for fighting human trafficking overseas, through the provision of capacity building support to foreign governments to bolster investigative mechanisms and legal protective frameworks for immigrant populations and migrant workers. Importantly, the measure would also address the transnational nature of human trafficking by providing increased support and protection for refugees and internally displaced populations. This legislation also seeks to improve transparency and evaluation of trafficking programs, and would designate governments that remain on the special watch list for 2 consecutive years among those whose efforts to combat trafficking are inadequate.  This reauthorization bill will improve mechanisms to better identify and protect trafficking victims, while increasing accountability on the part of governments in their anti-trafficking efforts. It takes a comprehensive approach to a gross criminal exploitation, and I urge my colleagues to support the legislation.

  • OSCE Chairman Addresses Helsinki Commission in Advance of Madrid Ministerial

    By Ronald J. McNamara, International Policy Director Spain’s Foreign Minister, Miguel Angel Moratinos, appeared before the Helsinki Commission on October 29, in his capacity as Chairman-in-Office of the Organization for Security and Cooperation in Europe, to discuss developments in the 56-nation OSCE before ministers meet in Madrid in late November. Similar hearings with the top political leader of the Vienna-based organization have been convened annually since 2001. Finland will assume the year-long chairmanship beginning in January. In prepared remarks, Commission Chairman Alcee L. Hastings noted, “While the participating States may share a common view of Europe on paper, translating that vision into reality is another matter altogether. While all OSCE commitments have been agreed to by all of the countries, the fact is that there are human rights commitments that have been on the books for many years that would not be agreed to by some today. Indeed, the OSCE, and its precursor, the CSCE, have served as barometers for relations among the participating States. Frankly, the current barometric pressure is low, signaling a likely impending storm.” Commission Co-Chairman Benjamin L. Cardin, also in a prepared statement, commended the Government of Spain for organizing the 2005 Córdoba Conference on Anti-Semitism and on Other Forms of Intolerance. He noted that the Helsinki Commission has been particularly active in the face of the spike of anti-Semitism and related violence in the OSCE region. “We appreciate your efforts to keep this important issue on the OSCE agenda with the reappointment of the personal representative on different aspects of tolerance as well as the related conferences convened this year in Bucharest and Córdoba,” said Cardin. The October 2007 Córdoba Conference focused on intolerance and discrimination against Muslims, a priority concern of the Spanish chairmanship. Commissioner Louise McIntosh Slaughter, who chaired the hearing, expressed particular appreciation for the Minister’s recognition of the distinctive contributions of parliamentarians to the Helsinki process. Slaughter has been a long-time active participant in the OSCE Parliamentary Assembly. She welcomed the timeliness of the hearing and recognized the complicated dynamics evident in the lead up to the Madrid Ministerial. “I know you have an ambitious agenda for the Madrid meeting and the Russians and others may complicate your work given the OSCE rule requiring consensus,” she said, continuing, “over the years, I have appreciated the opportunity to work closely with fellow parliamentarians from throughout the OSCE region, from Vancouver to Vladivostok. The OSCE PA has provided important leadership on issues from combating anti-Semitism and other forms of intolerance to promoting projects aimed at protecting the environment, to combating the scourge of human trafficking and advancing security among the participating States.” As one of Congress’ leading voices on equal rights for women, Commissioner Slaughter also commented on the OSCE PA’s trailblazing work in this area, as well. Moratinos’ testimony covered a wide range of accomplishments during the Spanish chairmanship as well as the numerous outstanding and potentially contentious issues on the OSCE’s agenda. On Kosovo, the Minister stressed, “We have managed over the years to maintain a neutral and unbiased position in regard to the status of Kosovo and the communities recognize this effort of OSCE. While the OSCE is not directly involved in the status negotiation, we are, as OSCE, contributing to the process of creating the necessary conditions on the ground for the implementation of the status settlement.” In response to a query from Slaughter about a possible unilateral declaration of independence by Kosovo and the prospects for renewal of OSCE’s current mandate covering operations in Kosovo which expires at year’s end, Moratinos stressed that “it's very important that OSCE maintain its engagement in Kosovo, whatever is going to be the future status. We are ready to stay in Kosovo in order to focus on monitoring protection of the rights of communities, particularly regarding the centralization and the protection of cultural and religious sites.” With regard to longstanding conflicts in the OSCE region, the OSCE Chairman-in-Office pointed to the Organization’s continuing work to facilitate a settlement on the Transnistrian issue in Moldova, through participation in the "five-plus-two" negotiations. Regarding the Nagorno-Karabakh conflict, he reported that while ongoing mediation efforts by the OSCE Minsk Group have not resulted in a breakthrough in the settlement process, the parties nevertheless remain committed to continuing the negotiations. Moratinos cited concern over serious incidents both in Abkhazia and the zone of the Georgian-Ossetian conflict. He discussed the chairmanship’s efforts in the aftermath of the August 6th missile incident between Russian and Georgia, stressing the need for forward-looking measures to build confidence between the two OSCE countries and avoid similar incidents in the future. Turning to Afghanistan, the OSCE's newest Partner for Cooperation, Slaughter remarked, “When I first flagged the concerns regarding the problems in Afghanistan in the OSCE context, some people said ‘that isn't our concern, it's outside the OSCE region.’ Well, one of the lessons of September 11 is that events in seemingly faraway lands do matter for the people there and ultimately for our own security.” Moratinos, in response, said “The situation in Afghanistan continues to have a substantial impact on security in Central Asia. In this respect, the OSCE is considering a serious border management project, particularly in Tajikistan. We hope to encourage counterparts in Afghanistan in these border related activities.” Spain is proposing an informal discussion on the margins of the Madrid Ministerial on the OSCE’s role in promoting the stability and future of Afghanistan. Slaughter referred to a recent meeting she had with Afghanistan’s President Karzai in which she underscored the importance of the movement of women in that country and the benefits of educating his young Afghan girls. An outspoken supporter of Kazakhstan’s longstanding bid to chair the OSCE, Moratinos remarked, “this bid has been welcomed by all members of the Organization and we hope and we are sure that this is an excellent opportunity for Kazakhstan, Central Asia, and the OSCE as a whole. For now, there is not a final consensus regarding the date of the chairmanship by Kazakhstan, but as Chairman-in-Office, Spain is actively seeking to build a consensus amongst all OSCE states on this important decision for the Organization.” Broaching concerns over observation of upcoming parliamentary elections in the Russian Federation scheduled for December 2, Commissioner Slaughter cited remarks by a senior Russian elections official suggesting that there would be a numerical limit to the number of international observers, including OSCE observers to 400 in total. Slaughter pointed out that the OSCE alone deployed over 450 in 2003 for the last election to the State Duma, Russia’s parliament. In response, Moratinos stated, “If there is a danger in the debate of election observation, it is that some participating States, to a certain extent, would like to shift the discourse away from commitments and the fulfillment, or lack of fulfillment. We find it unhelpful to call into question the well established OSCE practice on election observation, which so far has proved most fruitful. In this respect, it is our concern that the announcement made by the Russian representative in Vienna indicating that the invitation to observe the Duma election would be ‘ala carte.’” On the thorny issue of Russian intransigence in the OSCE, Ranking Minority Member Christopher H. Smith, in a prepared statement, underscored that the power of ideas remains a meaningful force today as witnessed by the drama being played out in the arena of the OSCE between those committed to pluralistic democracy and those pursuing authoritarianism, euphemistically termed “managed democracy, and dictatorship, as in Belarus and others. “Compromising on core values or watering down longstanding commitments is not the solution to the current impasse. Rather, our responsibility is to remain steadfast to these values and principles to which all participating States – including those now recalcitrant – have promised to uphold in word and deed,” warned Smith. Moratinos concluded by focusing on the future of the OSCE against the backdrop of discontent among some participating States, notably Russia, Belarus and like-minded countries with some of the activities of the Organization and its direction as well as uncertainty over sustained funding of OSCE, including potential gaps between U.S. rhetorical support and actual commitment of resources. On the former, the Minister suggested that perhaps the time was ripe for the convening of an OSCE summit meeting of Heads of State or Government from the participating States. The last OSCE summit was held in Istanbul, Turkey, in 1999. Skeptics might question the prudence of organizing a summit now, given the acrimony over fundamental aspects of the OSCE standing in stark contrast to the 1990 Paris Summit which opened a new chapter in the Helsinki process firmly rooted in a commitment to pluralistic democracy and free and fair elections. On the question of U.S. funding of OSCE, Moratinos voiced concern over “some rumors” regarding possible cuts in support and enlisted the support of members of the Helsinki Commission in addressing the matter. “I know that the Helsinki Commission plays a unique role as a forum for debate on the burning issues of the day facing the OSCE and the region. In so doing, this Commission pays unique tribute to the longstanding and continued engagement by the United States with the OSCE and the values that underpin it,” said Moratinos.

  • Spain’s Leadership of the OSCE

    This hearing, which Louise McIntosh Slaughter presided over, discussed Spain’s leadership of the OSCE, and took place shortly before the country hosted the OSCE Ministerial Meeting in Madrid. The contents of the hearing included the OSCE’s unique role as far as the use of parliamentarians is concerned. The witness, Chair-in-Office H.E. Angel Moratinos, remarked on Spain’s support of the OSCE to find a lasting formula for stability in the Balkans. Other issues that Moratinos discussed were the human dimension, Kazakhstan’s bid to chair the OSCE, the role of ODIHR, and Spain’s prioritization of gender equality and freedom of the media and the fight against trafficking in human beings.

  • Combating Trafficking for Forced Labor Purposes in the OSCE Region

    The purpose of the hearing is to examine the scope and efficacy of OSCE and U.S. efforts to combat human trafficking for forced labor purposes; assess the effectiveness of legal anti-trafficking instruments in combating forced labor in selected member states, and the adequacy of resources dedicated to identifying victims of trafficking for forced labor, as compared with those directed at sexual trafficking.  Witnesses may also be asked to suggest additional measures that OSCE states or the U.S. Government might employ to better address trafficking and the underlying factors that make people vulnerable to becoming TIP victims.

  • U.S. Delegation Initiatives Win Wide Approval at OSCE Parliamentary Assembly Meetings in Kyiv

    By Robert Hand, Staff Advisor More than 200 parliamentarians from throughout the OSCE region, including 13 members of the U.S. Congress, assembled in Kyiv, Ukraine from July 5 to 9, 2007 for the convening of the Sixteenth Annual Session of the OSCE Parliamentary Assembly (OSCE PA). Also in attendance were representatives from several Mediterranean Partners for Cooperation countries, and delegates representing Afghanistan, the newest country designated by OSCE as a Partner for Cooperation. The U.S. Delegation was led by the Chairman of the (Helsinki) Commission on Security and Cooperation in Europe, Representative Alcee L. Hastings (D-FL), a past president of the OSCE PA serving as President Emeritus. Commission Co-Chairman, Senator Benjamin L. Cardin (D-MD) co-chaired the delegation. House Majority Leader Steny H. Hoyer (D-MD), a past Commission chairman and the highest ranking Member of Congress ever to attend an annual session, also participated, joined by the Commission’s Ranking Republican Member, Rep. Christopher H. Smith (R-NJ) and Reps. Louise McIntosh Slaughter (D-NY), Robert B. Aderholt (R-AL), Mike McIntyre (D-NC), Hilda L. Solis (D-CA), G.K. Butterfield (D-NC), Marcy Kaptur (D-OH), Michael R. McNulty (D-NY), Doris Matsui (D-CA), and Gwen S. Moore (D-WI). The designated theme for this year’s Annual Session was “Implementation of OSCE Commitments.” Assembly President Göran Lennmarker (Sweden) opened the Inaugural Plenary Session which included an address by Ukrainian President Viktor Yushchenko, who stressed Ukraine’s commitment to democratic development. The OSCE Chairman-in-Office, Spanish Foreign Minister Miguel Angel Moratinos, also addressed the plenary and responded to questions from the parliamentarians. Starting Off at the Standing Committee At the start of the Annual Session, Chairman Hastings participated in the meeting of the OSCE PA Standing Committee, the leadership body of the Assembly composed of the Heads of Delegations of the 56 OSCE participating States and the Assembly’s officers. He presented a summary of his activities as Special Representative on Mediterranean Affairs, including his visits in June to Israel and Jordan. During the Kyiv meeting, he also convened a special meeting on the Mediterranean Dimension of the OSCE, attended by approximately 100 parliamentarians from Algeria, Egypt, Israel, Jordan, and the participating States. Ongoing Committee Work Members of the U.S. Delegation were active in the work of the Assembly’s three General Committees: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. The committees considered their respective resolutions as well as nine “supplementary items,” additional resolutions submitted before the session. Senator Cardin introduced a supplemental item on “Combating Anti-Semitism, Racism, Xenophobia and other forms of Intolerance against Muslims and Roma.” Seven other U.S. delegates introduced and secured passage of a total of 25 U.S. amendments to the various committee resolutions and supplementary items, including Chairman Hastings and Majority Leader Hoyer on OSCE election observation; another Hastings amendment on past use of cluster bombs; Smith and McIntyre amendments regarding trafficking in persons; another McIntyre amendment on Belarus; Solis amendments on migration; Moore amendments on the use of “vulture funds,” and a Butterfield amendment on human rights. The U.S. Delegation was also instrumental in garnering necessary support for supplementary items and amendments proposed by friends and allies among the participating States. The supplementary items considered and debated in Kyiv, other than Senator Cardin’s, included “The Role and the Status of the Parliamentary Assembly within the OSCE”; “The Illicit Air Transport of Small Arms and Light Weapons and their Ammunition”; “Environmental Security Strategy”; “Conflict Settlement in the OSCE area”; “Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions”; “The Ban on Cluster Bombs”; “Liberalization of Trans-Atlantic Trade”; “Women in Peace and Security”; and “Strengthening of Counteraction of Trafficking Persons in the OSCE Member States.” Guantanamo Bay Raised Following her appearance before the Helsinki Commission in Washington on June 21 during a hearing on “Guantanamo: Implications for U.S. Human Rights Leadership,” Belgian Senate President Anne-Marie Lizin, the OSCE PA Special Representative on Guantanamo, presented her third report on the status of the camp to a general Plenary Session of the Assembly. This report followed her second visit to the detention facility at Guantanamo on June 20, 2007 and provided the Assembly with a balanced presentation of outstanding issues and concerns. Senator Lizin concluded the report with a recommendation that the facility should be closed. Engaging Other Delegates While the delegation’s work focused heavily on OSCE PA matters, the venue presented an opportunity to advance U.S. relations with OSCE states. During the course of the Kyiv meeting, members of the U.S. delegation held a series of formal as well as informal bilateral meetings, including talks with parliamentarians from the Russian Federation, Ukraine, Kazakhstan, parliamentary delegations from the Mediterranean Partners for Cooperation, including Israel, and Afghanistan. The U.S. Delegation hosted a reception for parliamentary delegations from Canada and the United Kingdom. Electing New Officers and Adopting of the Declaration On the final day of the Kyiv meeting, the Assembly reelected Göran Lennmarker (Sweden) as President. Mr. Hans Raidel (Germany) was elected Treasurer. Four Vice Presidents were elected in Kyiv: Anne-Marie Lizin (Belgium), Jerry Grafstein (Canada), Kimo Kiljunen (Finland), and Panos Kammenos (Greece). Rep. Hilda Solis was also elected, becoming the Vice Chair of the General Committee on Democracy, Human Rights and Humanitarian Questions, which is responsible for addressing humanitarian and-related threats to security and serves as a forum for examining the potential for cooperation within these areas. She joins Senator Cardin, whose term as Vice President extends until 2009, and Congressman Hastings as OSCE PA President Emeritus, in ensuring active U.S. engagement in the Assembly’s proceedings for the coming year. The OSCE PA concluded with adoption of the Kyiv Declaration which included a series of concrete recommendations for strengthening action in several fields including migration, energy and environmental security, combating anti-Semitism and other forms of intolerance throughout the OSCE region and promoting democracy in Belarus. The declaration also addresses a number of military security concerns, including an expression of regret at the lack of progress in resolving so-called “frozen conflicts” in the OSCE region based on the principal of territorial integrity, especially those within Moldova and Georgia. For the full text of the Kyiv Declaration, please visit http://www.oscepa.org. The Seventeenth Annual Session of the OSCE Parliamentary Assembly will be held early next July in Astana, Kazakhstan. Other U.S. Delegation Activities While in Kyiv, the U.S. Delegation met with Ukrainian President Yushchenko for lengthy talks on bilateral issues, his country’s aspirations for further Euro-Atlantic integration, energy security, international support for dealing with the after affects of Chornobyl, and challenges to Ukraine’s sovereignty and democratic development. The President discussed the political situation in Ukraine and the development of the May 27 agreement that provides for pre-term parliamentary elections scheduled for September 30, 2007. The Delegation also visited and held wreath-laying ceremonies at two significant sites in the Ukrainian capital: the Babyn Yar Memorial, commemorating the more than 100,000 Ukrainians killed during World War II – including 33,000 Jews from Kyiv that were shot in a two-day period in September 1941; and the Famine Genocide Memorial (1932-33) dedicated to the memory of the millions of Ukrainians starved to death by Stalin’s Soviet regime in the largest man-made famine of the 20th century. Members of the delegation also traveled to the Chornobyl exclusion zone and visited the site where on April 26, 1986, the fourth reactor of the Chornbyl Nuclear Power Plant exploded, resulting in the world’s worst nuclear accident. While in the zone, the delegation visited the abandoned city of Prypiat, the once bustling residence of 50,000 located a short distance from the nuclear plant. Members toured the Chornobyl facilities and discussed ongoing economic and environmental challenges with local experts and international efforts to find a durable solution to the containment of large quantities of radioactive materials still located at the plant. Advancing U.S. Interests Summarizing the activities of the U.S. Delegation, Chairman Hastings commented on the successful advancement of U.S. interests. Specifically, the Chairman noted the delegation “represented the wonderful diversity of the United States population” and “highlighted a diversity of opinion on numerous issues.” Moreover, he concluded it advocated “a common hope to make the world a better place, not just for Americans but for all humanity,” thereby helping “to counter the negative image many have about our country. “In a dangerous world, we should all have an interest in strengthening our country’s friendships and alliances as well as directly raising, through frank conversation, our concerns with those countries where our relations are stained or even adversarial,” Chairman Hastings asserted. In order to put the recommendations of the PA into action, the members of the U.S. delegation wrote a letter to Secretary of State Rice, asking that the State Department press several issues within the OSCE in Vienna in the run-up to the November Ministerial Council meeting. First, the State Department should ensure that the role of the Parliamentary Assembly is increased in the overall activities of the OSCE. Second, the OSCE should increase concrete activities to fight anti-Semitism, racism, and xenophobia, including against Muslims and Roma. Third, The OSCE should strengthen its work on combating trafficking in persons and fighting sexual exploitation of children. Fourth, the OSCE should support and protect the work of human rights defenders and NGOs. Lastly, the OSCE should step up dialogue on energy security issues.

  • Remarks by Ambassador Clifford G. Bond at the International Forum Bosnia

    It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.  

  • OSCE Ministers Urge Concerted Action to Combat Sexual Exploitation of Children

    By Ron McNamara, International Policy Director Foreign Ministers from the 56-nation Organization for Security and Cooperation in Europe approved a major initiative on combating a wide range of sexually exploitative crimes against children, including prostitution, child pornography, trafficking in children for sexual exploitation, sex tourism and forced marriages of children. A collaborative effort spearheaded by the United States, Belgium and France, the decision was unanimously agreed in recognition “that sexual exploitation of children constitutes a grave and heinous crime, in many cases involving organized crime that must be prevented, investigated, prosecuted and penalized with all available means.” The decision, taken during the annual Ministerial Council meeting, held in Brussels, provides political impetus to enhance cooperation among law enforcement agencies throughout the OSCE region. The statement issued by the Council condemns the sexual exploitation of children in all its forms, urging the participating States to conform their legislation on this subject to their relevant international commitments and obligations. Progress in strengthening the legal framework to combat these forms of abuse and close existing gaps is viewed by experts as essential to effective action by law enforcement, especially as these crimes often involve entities in numerous countries. The need for greater uniformity in relevant laws was made clear in a comprehensive report, Child Pornography: Model Legislation & Global Review, issued in 2006 by the International Centre for Missing & Exploited Children in cooperation with Interpol. Surveying laws in 184 Interpol member countries, the report found that more than half of these countries (95) had no laws addressing child pornography and, in many other countries, the existing laws were inadequate. Among OSCE countries, the report found that six countries lacked any laws criminalizing any aspect of child pornography, with 32 countries lacking any legal definition of child pornography. Sixteen OSCE countries have failed to make the possession of child pornography a crime and 20 lack laws criminalizing the distribution of child pornography via computer and the Internet. Fifty OSCE countries do not require Internet Service Providers (ISPs) to report suspected child pornography to law enforcement. To date, Belgium, France and the United States are the only OSCE countries to have enacted comprehensive laws addressing all five areas analyzed in the report. The Ministers drew particular attention to the role played by new technologies, including the Internet, in facilitating the sexual exploitation of children, in an industry with revenues in the billions of dollars each year. States were urged to take a holistic approach toward the problem of sexual exploitation of children, addressing root and contributing factors, including the demand that fosters all forms of sexual exploitation of children, and to develop comprehensive and proactive strategies and measures aimed at preventing and combating the sexual exploitation of children. OSCE countries were encouraged to develop compatible and exchangeable data registration systems specific to the sexual exploitation of children as well as create telephone or Internet hotlines as a resource for victims and their families. They were likewise urged to work with ISPs, credit card companies, banks and other corporations as well as relevant NGOs, to ensure information related to the sexual exploitation of children is tracked and reported. In addition, the Ministerial decision included a series of specific recommendations for further action by the participating States, many aimed at strengthening the tools available to law enforcement, including adoption of legal measures that would allow them to prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country. OSCE States were urged to aggressively prosecute the sexual exploitation of children and impose tough penalties on offenders perpetrating such crimes. The Council recommended the establishment of training programs concerning sexual exploitation of children for personnel, including those working in the areas of justice, policing, tourism, transport, social work, health care, civil society, religious organizations, and education. Similarly, Ministers called for countries to facilitate legal protection, assistance, appropriate medical care, and rehabilitation and reintegration programs for child victims of sexual exploitation as well as efforts for the safe return of trafficked children. The OSCE, as an organization, was encouraged to pay increased attention to these issues, including the links to trafficking in persons, and to cooperate with other international organizations, NGOs and civil society in combating the sexual exploitation of children. The Brussels Ministerial decision on sexual exploitation of children originated, in large part, from a resolution sponsored by Commission Co-Chairman Rep. Christopher H. Smith and managed by Commissioner Rep. Joseph R. Pitts during the Annual Session of the OSCE Parliamentary Assembly convened in the Belgian capital in July 2006. That proposal, “Combating Trafficking and the Exploitation of Children in Pornography,” was overwhelmingly approved by parliamentarians from the participating States. A Helsinki Commission hearing, “Protecting Children: The Battle Against Child Pornography and Other Forms Of Sexual Exploitation” was held on September 27, 2006, to assess the magnitude of abuse against children. In opening remarks, Co-Chairman Smith explained, “The anti-trafficking efforts have convinced me that combating sexual exploitation of children in all of its forms requires even more comprehensive laws, as well as effective partnerships between local, state, and federal law enforcement, and the nongovernmental communities at all levels, and that includes international.” Smith noted strong indicators that those captivated by pornography are more likely to become predators and purveyors themselves, further feeding the cycle. As with other addictive behaviors, these individuals are often driven into more extreme acts of preying on younger victims or employing violence. He observed that organized crime, including gangs, also appears to be venturing further into the lucrative trade in children. As a result, global criminal networks are springing up, further complicating efforts to prosecute those responsible for these horrendous crimes against children. James E. Finch, assistant director of the Cyber Division of the FBI discussed the Bureau’s efforts to combat the sexual exploitation of children through the use of the Internet and promote closer cooperation with foreign law enforcement agencies. James Plitt, the unit chief of the Cyber Crimes Center of the Immigration and Customs Enforcement stressed “that the issue of child exploitation is enormous and multidimensional. Furthermore, any potential solution to this issue must be multidimensional….collectively, we need to understand the challenge we face, and we need to understand the trends, techniques and vulnerabilities of those engaged in international criminal business enterprises,” he concluded. On the question of limited resources, Plitt noted, “If we had triple the investigative resources, we would still have investigative leads untouched.” Finch underscored the challenges faced by law enforcement given the relative ease and limited expense involved in setting up exploitative web sites. Commissioner Mike McIntyre urged greater partnership between law enforcement and the public to identify perpetrators of these crimes as well as aggressive investigation and prosecution of them. Linda Smith, founder of Shared Hope International and a former Member of Congress, presented the findings of the U.S. Mid-term Review on the Commercial Sexual Exploitation of Children in America, identifying five key issues which stand out as the most immediate and urgent needs to protect America's children: confront the demand side of exploitation; aggressively pursue those responsible for the online trafficking in children; ensure sufficient services for victims, especially shelter; expand cooperation between law enforcement agencies at all levels; and further strengthen Federal law. She made an impassioned call to decriminalize the prostituted minor, “What we've found was that these kids, when identified, are called prostitutes, and they're quickly moved into detention when they're found, treated like a criminal, and then, when released, put in a foster care system where they bleed out. We do not have child prostitutes. We have prostituted children.” With respect to pornography, she decried the marketing to recruit boys as clients as well as the explosion of pornographic images of children creating demand for direct sexual violation of children. Carol Smolenski, executive director of ECPAT-USA discussed multilateral efforts to more effectively combat the sexual exploitation of children. She cited demand and prevention as major of common concern as well as the need to keep pace with rapidly changing technologies. Commissioner Pitts voiced particular concern that law enforcement have the tools necessary to adapt to technological challenges. Turning to the role of organized crime and gangs in exploitation, Smolenski observed, “you'd be hard-pressed to talk to a service provider who has not found gang involvement with child prostitution these days…yes, gangs are definitely a part of it and a growing part of it.” Dr. Mohamed Mattar, executive director of the Protection Project at Johns Hopkins School of Advanced International Studies, touched on several positive developments in the fight against the sexual exploitation of children: expansion of criminal liability; extension of territorial jurisdiction; and enhancement of child protection, including the abolition of a statute of limitations. He welcomed Senate ratification of the Council of Europe Convention on Cybercrime of 2001. Mattar made a series of recommendations to enhance implementation of relevant U.S. law. He urged funding to back up U.S. efforts to prevent sex tourism, while citing laws in Sweden, Switzerland, and The Netherlands as particularly problematic. Dr. Mattar called for funding to support research on victims of child exploitation; establishing programs to expand state law enforcement officials' capabilities in prosecuting demand and providing services for victims; shifting the focus of the United States toward penalizing the purchaser of sexual services; and mobilizing countries to enact Internet laws that protect children from commercial sexual exploitation. Ernie Allen, chairman and chief executive officer of the National Center for Missing and Exploited Children and the International Center for Missing and Exploited Children, focused largely on commercial child pornography, a multibillion-dollar industry, stressing that children are plentiful and easily accessed; child pornography is easy and inexpensive to produce; there is a huge consumer market for it, making it enormously profitable; and, finally, historically there's been virtually no risk, far less risk than trading in drugs or guns. Allen presented his candid conclusion, “Most people don't understand what this problem really is; there's a real misconception. But what we are finding and what law enforcement is finding is that the victims are getting younger and the content, the images, are becoming more graphic and more violent. From the data on the hundreds of offenders who have been identified to date, we can report to you that 39 percent of those offenders had images of children between the ages of 3 and 5. And, 19 percent had images of children younger than 3 years old. This is not what America thinks it is.” Few of the world's nearly 200 countries, he pointed out, have any kind of meaningful system or capacity to adequately and effectively combat the sexual exploitation of children, especially through child pornography. Allen discussed his organizations work in training law enforcement officials around the world in the investigation of computer-facilitated crimes against children as well as initiatives to enlist the support of ISPs and leaders in the technology and banking industries in dismantling networks responsible for exploitation of children. He echoed calls for additional resources to aid law enforcement, including in the field of forensics. In response to a suggestion from Co-Chairman Smith that the United States push for an international form of Megan's Law aimed at sex offenders, Allen replied, “I agree 100 percent. I think it's absolutely appropriate. It's a prime opportunity for American leadership and the leadership of other countries on this issue. It's unbelievably important. These offenders are mobile…offenders from other countries come here, where we have no knowledge about their history or prior record.”

  • Protecting Children: The Battle Against Child Pornography and Other Forms of Sexual Exploitation

    This hearing discussed the proliferation of child pornography and other crimes against children through trafficking, prostitution, and sex tourism. Annually, thousands of American children, at least half of which are boys, have been the victims of pornography and many subjected to violence in the process. Often, those guilty of such crimes have been parents, relatives, or acquaintances of these victims. Victims of pornography have been disproportionately affected by depression and suicide and such victims have committed these crimes themselves, perpetuating this cycle.  Global criminal networks that profit from this activity have developed.   In the 1990s, the Commission began efforts to fight child pornography, and in the second half of the 1990s the Trafficking Victims Protection Act was passed. This strengthened the case more comprehensive actions against child pornography and other forms of sexual exploitation.

  • Human Rights, Democracy, and Integration in South Central Europe

    The hearing, led by the Hon. Christopher H. Smith,  the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime. The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered.   

  • Accountability of Those Serving in International Forces and Missions

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

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

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

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

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

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

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

  • Examining Efforts to Eradicate Human Trafficking

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

  • Exploiting Americans on American Soil: Domestic Trafficking Exposed

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

  • OSCE Anti-Trafficking Commitments

    The OSCE's "Action Plan to Combat Trafficking in Human Beings" intends to provide participating States with a comprehensive toolkit to help them implement their commitments to combating THB. It aims to provide participating States with a follow-up mechanism, which will also promote co-ordination between individual participating States, both within the OSCE structures and with other international organizations. The Action Plan adopts a multidimensional approach to combating trafficking in human beings. It addresses the problem comprehensively, covering protection of victims, the prevention of THB and the prosecution of those who facilitate or commit the crime. It provides recommendations as to how participating States and relevant OSCE institutions, bodies and field operations may best deal with political, economic, legal, law enforcement, educational and other aspects of the problem. The Action Plan is further intended to assist participating States in employing these tools by drawing upon existing regional experience gained through the implementation of such concrete initiatives and measures as those undertaken by the Stability Pact Task Force on Trafficking in Human Beings in South Eastern Europe. A comprehensive approach to trafficking in human beings requires a focus on bringing to justice those responsible for this crime, and on carrying out effective measures to prevent it, while maintaining a humanitarian and compassionate approach in rendering assistance to its victims.

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