[Joint House and Senate Hearing, 114 Congress]
[From the U.S. Government Publishing Office]
OSCE EFFORTS TO COMBAT HUMAN
TRAFFICKING: OUTLOOK AND
OPPORTUNITIES
=======================================================================
HEARING
BEFORE THE
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
SEPTEMBER 17, 2013
__________
Printed for the use of the
Commission on Security and Cooperation in Europe
[CSCE 113-1-6]
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COMMISSION ON SECURITY AND COOPERATION IN EUROPE
LEGISLATIVE BRANCH COMMISSIONERS
HOUSE
SENATE
CHRISTOPHER H. SMITH, New Jersey, ROGER F. WICKER, Mississippi,
Chairman Co-Chairman
ALCEE L. HASTINGS, Florida BENJAMIN L. CARDIN, Maryland
ROBERT B. ADERHOLT, Alabama JOHN BOOZMAN, Arkansas
MICHAEL C. BURGESS, Texas RICHARD BURR, North Carolina
STEVE COHEN, Tennessee JEANNE SHAHEEN, New Hampshire
ALAN GRAYSON, Florida TOM UDALL, New Mexico
RANDY HULTGREN, Illinois SHELDON WHITEHOUSE, Rhode Island
JOSEPH R. PITTS, Pennsylvania
LOUISE McINTOSH SLAUGHTER,
New York
EXECUTIVE BRANCH COMMISSIONERS
Vacant, Department of State
Vacant, Department of Commerce
Vacant, Department of Defense
[ii]
OSCE EFFORTS TO COMBAT HUMAN
TRAFFICKING: OUTLOOK AND
OPPORTUNITIES
----------
September 17, 2013
COMMISSIONERS
Page
Hon. Benjamin L. Cardin, Chairman, Commission on Security and
Cooperation in Europe.......................................... 1
Hon. Christopher H. Smith, Co-Chairman, Commission on Security
and Cooperation in Europe...................................... 3
Hon. Steve Cohen, Commissioner, Commission on Security and
Cooperation in Europe.......................................... 15
Hon. John Boozman, Commissioner, Commission on Security and
Cooperation in Europe.......................................... 16
WITNESSES
Dr. Maria Grazia Giammarinaro, OSCE Special Representative and
Coordinator for Combating Trafficking in Human Beings.......... 5
APPENDICES
Prepared statement of Hon. Benjamin L. Cardin.................... 22
Prepared statement of Dr. Maria Grazia Giammarinaro.............. 23
[III]
OSCE EFFORTS TO COMBAT HUMAN.
TRAFFICKING: OUTLOOK AND.
OPPORTUNITIES
----------
September 17, 2013
Commission on Security and Cooperation in Europe
Washington, DC
The hearing was held at 10:01 a.m. in room SD-106, Dirksen
Senate Office Building, Washington, DC, Hon. Benjamin L.
Cardin, Chairman, Commission on Security and Cooperation in
Europe, presiding.
Commissioners present: Hon. Christopher H. Smith, Chairman,
Commission on Security and Cooperation in Europe; Hon. Steve
Cohen, Commissioner, Commission on Security and Cooperation in
Europe; and Hon. John Boozman, Commissioner, Commission on
Security and Cooperation in Europe.
Witnesses present: Dr. Maria Grazia Giammarinaro, OSCE
Special Representative and Coordinator for Combating
Trafficking in Human Beings.
HON. BENJAMIN L. CARDIN, CHAIRMAN, COMMISSION ON SECURITY AND
COOPERATION IN EUROPE
Mr. Cardin. Well, good morning, everyone. Let me welcome
you to this hearing of the Helsinki Commission. I'm very
pleased to be joined by the co-chair of the Commission,
Congressman Chris Smith, who is very familiar with the subject
that we have on today's hearing, and that is to get an update
from the Special Representative and Coordinator for Combating
Trafficking in Human Beings, Dr. Giammarinaro. It's a pleasure
to have you here, and we thank you for your extraordinary work
in this issue.
I am extremely proud of the role that the U.S. Helsinki
Commission has played in bringing to the world's attention
modern-day slavery in human trafficking. There's been no
greater champion of that cause than Congressman Smith during
his many years of leadership on this Commission and his work in
the United States House of Representatives.
We are proud that as a result of our leadership, our own
country has taken a strong leadership on dealing with the
trafficking issues. The TIP Report that came out as a result of
the work of our Commission and passage of legislation gives a
road map to evaluate, on an objective status, how well
countries are doing in meeting their responsibilities to combat
trafficking.
It has led to in our own country adoption of stronger laws,
both at the federal level and at the local level. We have seen
international action dealing with the issues of trafficking,
from better training of law enforcement to enactment of local
laws to the type of leadership from countries that make it
clear that they won't tolerate trafficking. That's all come out
as a result of the work of the OSCE and the work of our
Commission.
We have been in the forefront to make it clear that those
who have been victimized are not treated as criminals. And
that's been one of our principal objectives, and we have come a
long way in that regard.
We have also made it clear it's not just the origin country
but it's us, the destination countries and the transit
countries, that have responsibility to be involved in dealing
with trafficking.
One of the actions that came about as a result of the
attention placed on human trafficking was to develop the
special representative and coordinator for combating
trafficking in human beings. And therefore we are so pleased
that she is here.
We also have a special representative of the Parliamentary
Assembly, who happens to also be here today, the co-chairman of
the Commission, Chris Smith.
So we are, I think, indeed very fortunate to be able to
have this hearing today, where we can get an update of where we
are and plan to how we can improve a strategy moving forward,
because we are looking at what is the next level of action in
order to continue the progress that we have made.
In 2010 there was a hearing held that I chaired of the
Helsinki Commission, in which you were here, and you gave us an
update at that time. Well, much has changed in a short time
since 2010 in terms of the global awareness of the scourge of
modern-day slavery, but also the sophistication of the methods
employed by traffickers to exploit the vulnerability. Countless
men, women, and children have faced the brutality of
trafficking firsthand, aside from the social and economic costs
that extend beyond their captivity.
We must remain resolved and resolute in demanding immediate
action from governments around the globe to support civil
society's efforts and ensure swift punishment of traffickers to
interrupt this violent cycle of exploitation. OSCE initiatives
are helping us take this action.
Since your last appearance before the Helsinki Commission,
you have been honored as a 2012 Trafficking in Persons Report
Hero by Secretary of State Hillary Clinton, and we congratulate
you on that honor. You've traveled extensively to contribute
your expertise and leadership around the globe. And we are
honored to have an opportunity for a candid discussion about
the accomplishments during your term and how the OSCE has risen
to the challenge by facing the evolving methodologies of
traffickers with innovative research, country visits, and
regional training.
Before calling on the special representative, let me yield
to the co-chair of the Commission, Congressman Smith.
HON. CHRISTOPHER H. SMITH, CO-CHAIRMAN, COMMISSION ON SECURITY
AND COOPERATION IN EUROPE
Mr. Smith. Thank you. Thank you very much, Mr. Chairman. I
have a little bit of laryngitis today, so I'll be relatively
brief. I want to thank you and Dr. Giammarinaro, the OSCE
special rep and coordinator for combating trafficking in human
beings since 2009.
Since her term will be ending in February of 2014, this
hearing doubles as an opportunity to recognize her
extraordinary achievements and thank her for having been
unfailing in compassion and diligent in her efforts to end
trafficking in the OSCE region. She has been remarkably
effective in guiding and holding accountable the OSCE
participating and partner states.
I want to thank you for your public and behind-the-scenes
efforts to inspire, instruct, and move OSCE states to
intelligently fight domestic and international human
trafficking. We could not have asked for a special rapporteur
with more dedication, passion, political acumen, and expertise.
Your tenure has been marked with demonstrable progress
throughout the region and many grateful trafficking victims.
Thank you for a job well done.
Fortunately for us, you're not quite finished yet, and all
of us hope that when you do leave this posting, that you will
continue on in this work. But later this year at a ministerial
meeting in Kiev, the OSCE will be adding an addendum to the
2003 OSCE action plan to fight trafficking in human beings. I
hope many of the best practices you have identified and
developed during your tenure will be captured in the addendum.
I would also like to suggest the inclusion of best
practices to prevent trafficking on commercial carriers and in
hotels. Experts estimate that 600,000 to 800,000 trafficking
victims are moved across international borders each year, often
on commercial airplanes, trains and buses, where they come into
contact with transportation officials and professionals.
Traffickers can be stopped, and victims rescued, through highly
effective low-cost training to flight attendants and other
airport personnel, training such as developed by the U.S.
Department of Homeland Security and Nancy Rivard, the president
of Airline Ambassadors International.
As the special rep for human trafficking for the
Parliamentary Assembly, I was pleased to present--and I
literally, you'll recall, sat right next to you, Doctor--to
present and promote these best practices at the high-level OSCE
conference in Kiev in June of this year, along with Nancy
Rivard. Hundreds of victims have been rescued already, with the
potential of thousands more.
My supplementary item on this topic, entitled Trafficking
Victims Watchfulness: Planes, Trains, Buses and Hotels, as you
probably know, was adopted at the OSCE PA annual session in
Istanbul in July and calls on participating states to
collaborate with commercial carriers, adopting legislation,
where necessary, in order to ensure that transportation
professionals who are likely to come into contact with a
trafficking victim are trained to identify the victim and
respond according to a protocol established with law
enforcement.
The supplementary item also calls on participating states
to collaborate with hotel and travel industry professionals,
adopting legislation--again, where necessary--to ensure the use
of best practices for the prevention and identification of
human trafficking in hotels.
Finally, the supplementary item underscores the importance
of law enforcement coordination with the private sector in
order to ensure appropriate interventions. A single regionwide
trafficking hotline connected to law enforcement would be very
helpful toward ensuring that everyone knows who to call, no
matter where they are.
Fortunately, several industry leaders have emerged and
developed best practices in this area of trafficking victims
watchfulness. Airlines such as Delta and American Airlines,
British Airways and Virgin Atlantic, as well as trained service
providers, such as our own Amtrak here in this country, have
begun human trafficking prevention activities. Hotel chains,
including Hilton Worldwide, Hyatt, Accor, Carlson and many
others, have committed to training their employees. Airline
Ambassadors, ECPAT and the Global Business Coalition Against
Trafficking are offering low-cost tools.
With a little encouragement from the OSCE, participating
states can transform transportation and hospitality industry
standards such that anti-trafficking training is ubiquitous. In
other words, it should be everywhere.
Over time, as the pimps and exploiters get caught and
jailed, the added positive consequence of trained flight
attendants and others will have a profound chilling effect on
the traffickers' ability to move victims from one place to
another.
With this in mind, I respectfully request that you support
the inclusion of these best practices in the upcoming addendum
of the action plan.
I would also hope you will keep in another best practice
that has developed in the United States, that of
interdisciplinary community task forces. Such task forces can
be an effective tool in identifying and reaching out to
vulnerable and underserved groups in the community, such as the
Roma.
In 2012 the OSCE PA adopted our supplementary item on
protecting vulnerable populations from human trafficking, which
called on participating states to focus their victim response
on vulnerable populations such as the Roma population. As you
know, the Roma population has been trafficked at
disproportionately high rates and have disproportionately low
access to services due to marginalization.
The supplementary item urged participating states to
establish in major cities special Roma-oriented task force
comprised of Romani NGOs, Romani mediators and Romani community
representatives, along with member state law enforcement anti-
trafficking authorities.
The 2013 Trafficking in Persons Report, required by the
legislation that I offered by back in 2000, known as the
Trafficking Victims Protection Act, produced by the U.S.
Department of State, highlighted notable efforts among OSCE
participating states to address the vulnerable Roma population.
The report also noted populations of Roma are vulnerable to
trafficking in 17 OSCE participating states. I believe efforts
to assist these vulnerable people would be enhanced by
implementing community task forces, and I hope this will be
part of the addendum.
I thank you again for your extraordinary leadership and
look forward to your testimony.
Mr. Cardin. Thank you, Chairman Smith. And again, I applaud
your leadership in this area and the action of the
Parliamentary Assembly in supporting the work of the special
representative.
Dr. Giammarinaro, again, it's a pleasure to have you here.
We very much appreciate your leadership. And as Congressman
Smith has pointed out, we are looking towards how we move to
the next chapter. Tremendous progress has been made, but we
need to make more progress. So we welcome your comments.
DR. MARIA GRAZIA GIAMMARINARO, OSCE SPECIAL REPRESENTATIVE AND
COORDINATOR FOR COMBATING TRAFFICKING IN HUMAN BEINGS
Dr. Giammarinaro. Honorable Chairpersons and honorable Co-
Chairmen, first of all, let me thank you for the invitation and
for your kind words. I'm honored to testify today for the
second time before the Helsinki Commission of the United States
Congress in my capacity.
In 2003, as you know, the position of Special
Representative and Coordinator for Combating Trafficking in
Human Beings was established as a high-level mechanism to
promote the implementation of the OSCE Action Plan and other
commitments on combating trafficking in human beings in all the
now 57 participating states. The mandate of the special
representative is to work with the representatives of
governments, parliaments, as well as judiciary and civil
society, to catalyze the exchange of best practices; to provide
technical assistance when requested, especially in the field of
training and capacity building; to report on anti-trafficking
developments in the OSCE region; and to raise the public and
political profile of the fight against trafficking in human
beings.
And I have to say that since 2000 the OSCE has adopted
important political commitments on an almost yearly basis, and
so did the Parliamentary Assembly of the OSCE, to continually
strengthen our efforts to combat trafficking in human beings.
This includes the 2011 Vilnius Ministerial Declaration on
Combating All Forms of Human Trafficking, co-sponsored by the
United States and the Russian Federation, which acted as a
catalyst for our office to intensify its activities in many
respects and reaffirmed our full commitment to the Universal
Declaration of Human Rights, which reads, ``No one shall be
held in slavery or servitude; slavery and the slave trade shall
be prohibited in all their forms.''
I have served now for three and a half years as the special
representative of the OSCE. I took office in March 2010, and my
mandate will expire in March 2014. And so it is a good
opportunity for me to look back and to look ahead to the
future. And I'm really delighted and honored to share with you
some thoughts about my assessment of the state of play and some
ideas for future work.
It is clear that many efforts, as you said, have been made
by governments of the participating states throughout the OSCE
region since 2000, with the fundamental contribution of NGOs, I
have to say, of various orientation and inspiration, as well as
with the support of international organizations, including the
OSCE Office of the Special Representative and the OSCE Office
for Democratic Institutions and Human Rights, the human rights
institution of the OSCE, the ODIHR.
Over this period there have been many visible and
encouraging achievements. The key indicators of the level of
political will have been increasing. These indicators include,
for example, the ratification of international instruments, the
adoption of national legislation, the establishment of national
anti-trafficking mechanisms and the allocation of adequate
financial and human resources for their implementation. All
these indicators are positive.
Since 2000, the vast majority of the 57 OSCE participating
states have integrated anti-trafficking legislation into their
national legal framework, meaning that almost all have specific
legal provisions on combating trafficking in human beings,
mostly complying with the international standards, especially
with the protocol, the so-called Palermo Protocol supplementing
the Convention on Organized Crime.
Another important indicator of the political will is the
establishment, as I said, of anti-trafficking machinery and the
allocation of sufficient resources. I have to say that a
majority of participating states have set up anti-trafficking
national coordination mechanisms and national referral
mechanisms for the assistance and protection of victims and
have established the action plans, action plans with clear
identified responsibilities for all the competent authorities,
especially government authorities. And I'm very proud to say
that the OSCE has been instrumental to this process. Now we can
say that we have functioning mechanisms everywhere. And this is
of course the precondition for further to achieve the results
in the future. Not only do we have mechanisms on paper and
legislation on paper, but we have really functioning
mechanisms--in other words, in every country, there are a
certain number of cases brought to the court, there are a
certain number of victims identified and assisted, so
functioning mechanisms.
Regarding the activity of the Office of the Special
Representative and the work we have tried to carry out, to
cooperate, to help participating states to carry out their
tasks, I would like to mention, first of all, awareness
raising. Awareness raising is always, I think, an essential
component of anti-trafficking action. Differently from the
anti-slavery abolitionist, the historical abolitionist
movement, we have to show that slavery exists, and this is not
taken for granted, and not everybody is aware of the fact that
working conditions comparable to slavery still exist and they
are even growing globally.
So this is the reason why we have engaged with the media,
with the journalists, especially young journalists,
investigative journalists, to promote further action in this
field and to promote a correct and effective way to report
trafficking cases. This is not always the reality. The reality
is that, for example, the press reports about a case of
trafficking just saying how many people have been arrested--
and, of course, this is very important, but no one single word
is devoted to the destiny of the victims, for example. And this
is of course something that should be corrected.
We have, for example, promoted an important project in
cooperation with the Moscow State University's faculty of
journalism. The university taught a year-long course to its
journalism faculty on reporting human trafficking issues. And
we published a course book based on this material earlier this
year together with the university and the Russian Union of
Journalists, and this was partially funded--the journal is
funded by the United States.
I would say that the United States has played a key role in
increasing awareness all over the world, not only through the
annual Trafficking in Persons Report and the work of many
dedicated government officials and legislators at the national,
state, and local level--and I would like to take this
opportunity to thank Ambassador Luis CdeBaca for his leadership
in this field--also I would like to mention the fact that the
support given to the work of numerous NGOs active in the field,
all over the OSCE region, is support given by the United
States. This has led to increased understanding by policymakers
and legislative reform, improved co-operation among
stakeholders, better statistical knowledge and understanding of
trafficking in human beings on the basis of concrete evidence,
increased training and educational activities, and improved
identification and protection of victims of trafficking.
The second area I would like to mention with a particular
emphasis regarding the activity of my office is cooperation. We
have worked a lot to promote better cooperation in the OSCE
region, cooperation between participating states. And I would
like to mention the CIS Program of Cooperation to Combat
Trafficking in Human Beings, 2011, 2013, which is an advanced
document. And of course, we encourage all the CIS countries to
work for an effective implementation of this important program.
Another regional good practice is the development of
transnational referral mechanisms for the protection of
trafficked persons, an effort which builds on the OSCE/ODIHR
work on national referral mechanisms and which was funded by
USAID.
We are promoting cooperation also beyond the borders of the
OSCE region, especially concerning our Mediterranean partners,
our six Mediterranean partners for cooperation and our Asian
partners for cooperation. Concerning the Mediterranean
partners, we are in the process of promoting closer, better
dialogues between the two rings of the Mediterranean Sea on
cases of trafficking that so far have been dealt with mostly in
the framework of smuggling of migrants or irregular migration.
But if we see the horrible cases of exploitation, for example,
in agriculture in the Southern European countries, we can
understand very well that there is a link, there is an obvious,
obvious link between a first phase of the migration process
that can be consensual, can be facilitated by criminal gangs,
but once people are in the destination country, there are
intermediaries, criminal intermediaries that place migrants in
exploitative situations, and there are a number of
investigations going on in different countries of the southern
part of the EU showing that this is an increasingly worrying,
worrying trend.
The Partners for Cooperation in Asia have launched an
important reflection on trafficking, culminating in a very
interesting conference held in Australia this year. And I have
devoted particular attention to cooperation with this partner,
speaking at conferences and cooperating with them in many ways.
What are the challenges? We have talked about achievements.
What are the challenges? I would like to mention, first of all,
the dimension of trafficking human beings, a dimension which
was not in our radar when we started our anti-trafficking
action in the late '90s. We have now reliable estimates issued
by the International Labor Organization. These are conservative
estimates, so we have to think that the 21 million people
globally finding themselves in a situation of forced labor or
trafficking in human beings are a minimum of what we can think
is the real number. In the OSCE region, we are talking about
something like 3 million people. So we have to deal with
something new that requires different responses. Probably we
still have to better elaborate, better understand how we can
deal with this massive scale phenomenon. This is the first
challenge.
The second challenge, due to a new trend of trafficking, is
the fact that the forms of exploitation--we are now aware that
the forms of exploitation are innumerable. I'm not talking only
about trafficking for labor exploitation, but, together with
trafficking for sexual exploitation, remain the most
[wide]spread forms of trafficking. But I'm talking about
trafficking for begging, for first in organized begging, which
is apparently increasing and involves mainly children,
particularly vulnerable victims, children marginalized in
vulnerable communities, such as the Roma and Sinti, which are,
as Honorable Smith said, particularly and disproportionately
affected by trafficking in human beings. I'm talking about the
so-called trafficking for forced criminality--in other words,
people trafficked to commit crimes and to replace somehow, if I
can use this expression, to replace traffickers in the criminal
behavior and possibly also in the punishment, because of
course, victims are put in the forefront, in the most exposed
situation, and are very easily identified by law enforcement
and treated, again, as criminals instead of being treated as
victims.
I'm talking about trafficking for the purpose of the
removal of organs. Until very recently, we were not really sure
that this form of trafficking was really significant. Now we
have issued recently a new publication on a number of
investigated cases in the OSCE region. We have analyzed 11
cases, but we are aware of more. And now we can say that
trafficking in human beings for the removal of organs exists,
unfortunately, that have specific features, a huge criminal
network, which is global and involves, at least in different
ways, of course, as nationality of the beneficiaries, the
nationality of the donors, victims, or places in which the
surgery was carried out, one-third of the OSCE countries. And
so we can say that it is.
So we have to admit that today, when we talk about
trafficking in human beings, we are talking about a sort of
umbrella definition, and under which there are different forms
of trafficking implying different issues that have to be dealt
with in an appropriate way. So when we think about training of
the public officials involved, we have to think about something
more complex than what we had in mind a few years ago. For
example, we have to think about involving health care
officials, about involving the community of certain kind of
professionals involved in a particular sector of trafficking.
And this makes our task and the task of competent authorities
much more complex and difficult. From this point of view, I've
been saying that probably we need a sort of shift in our
perception of trafficking human beings and a shift in how we
see the next phase of anti-trafficking action.
Just not to be too long and boring--[laughs]--I tried to
summarize what my excellent collaborators wrote for me. In
other words, I think that we have to consider trafficking human
beings in this global, massive scale more and more a problem of
social justice. We have to promote a more fair society in which
there's no place for tolerance toward exploitation, in which a
worker's rights are better protected, because this is the first
prevention measure that we can think about when we have to deal
with this massive phenomenon.
Secondly, I think that we have to address not only
trafficking in the sense of identified cases, because there are
a number of reasons why a case is not always--or I would say,
sometimes rarely qualified as trafficking, because of the
difficulty in the process of gathering evidence, because the
definition is complex, because the prosecutors prefer to bring
to the court a case which is for a less serious crime, in which
the indictment is for a less serious crime, just to be sure to
obtain anyway a conviction. There are a number of reasons why a
case which shows clear indications of trafficking is not
qualified as such--with all the consequences for the victim,
because the victim in this case is deprived of the assistance
and protection the person would be entitled to under the
trafficking regulations.
So we have to think that it is necessary to address a
broader area of exploitation, not necessarily with the same
tools, the same way, but for example, we have to think about
how to promote access to justice of exploited people, because
this is also a way to encourage them to come forward and report
exploitation they have been subjected to.
Unfortunately, we have to say that in many, many
situations, the only result of labor checks or migration checks
is that people who are in a situation of exploitation--we don't
know if this amounts to trafficking or not. We don't know yet.
But the immediate result is just the deportation if they are
migrants, the deportation of the workers.
And I would like to say that we still have a big problem
of--we can say there is a certain reluctance of competent
authorities, especially immigration authorities, to apply the
regulation concerning, for example, the reflection period,
concerning residence permit of or authorization to stay at
least for the duration of proceedings, and that allowing the
person to get the payment of the salaries, to get compensation.
And there sometimes I wonder whether we can really say that
trafficking is a priority.
Mr. Cardin. Let me ask you, if you could, to summarize. I
want to leave time for questioning, so if you could summarize
the rest so we can----
Dr. Giammarinaro. Yes, exactly. So what I think is that
looking at the future, we need a sort of second wave of
commitments in which there is a clear multidisciplinary
approach to trafficking in human beings, in which there is a
clear identification of all the cross-cutting issues, because
of course we have to be aware that we have to deal with
migration policy, labor market policy, child protection
systems, all the broader areas that we have to address to make
trafficking more visible and more understandable and to make
the anti-trafficking measures more effective. Thank you.
Mr. Cardin. Well, thank you very much for that summary.
We've been joined by Senator Boozman. We've been joined by
Senator Whitehouse and Congressman Cohen. So we appreciate all
the Commission members who are here.
Let me start, if I might, with one of the strategies that
our Commission has used over the years is that we think it's
important to put a spotlight on those that are not doing what
they should be doing. And that was the genesis of the TIP
Report, which names specific countries, talks specifically
about how we rate them and where they need to improve. I must
tell you when I meet with representatives from other countries,
the TIP Report is frequently mentioned. I chair the
Subcommittee on East Asia and the Pacific, and when the
representatives from those countries come into my office, the
TIP Report's on my desk, and it's one of the issues that they
talk about frequently.
So I guess my question to you is, how useful has the TIP
Report been in the work that you do, and are there suggestions
that you might have as to how we can have a more effective way
of pointing out to countries what they need to do to improve
their record in combating trafficking?
Dr. Giammarinaro. The TIP Report is of course one of the
most reliable sources--and this is the first thing I would like
to underline--a reliable source of information about every
country, not general information but very specific in the
different areas of trafficking and anti-trafficking action. And
I think that there is also an effect of--this is what I see in
the OSCE region, at least--sort of a positive competition, in
the sense that a country is very pleased when, for example, the
country advances in the score, in the evaluation of the TIP
Report. So this has been a real incentive, a real input for
countries to do better. Of course, I am aware that this
methodology is effective, and in fact, I underline this
positive competition.
Of course, this is not our methodology. This is not our
methodology because the OSCE is an organization--a consensus-
based organization, so our methodology is rather to encourage
participating states to do better. But I have to say that I
have developed the methodology of country visits lately.
Especially during the past two years, I have carried out many
country visits. And something that is absolutely new is the
fact that the report, including the recommendations and
including an evaluation of what every single country has done,
is made public.
Mr. Cardin. So you will be leaving this post in the not too
distant future, and we--I join with Congressman Smith--it's
going to be an incredible loss, and the person who follows is
going to have large shoes to fill.
The OSCE has many strengths, but it is very bureaucratic.
The agencies that provide support watch their turf very
carefully and are always suspicious of special representatives.
Vienna is not known for its speed or its transparency in doing
business.
Do you have any observations for us as to ways that we can
make the OSCE structure more effective in dealing with the
issue of trafficking?
Dr. Giammarinaro. Well, I have to say that the OSCE is, if
I can say like this without being--nondiplomatic, less
bureaucratic than other international organizations.
[Chuckles.]
Mr. Cardin. That may be a compliment. We'll see. I mean--
[laughter]--we've had our problems with all international
organizations, that's true, and Americans are somewhat
impetuous. So I understand our desire for action.
But I must tell you, the lack of transparency in Vienna--
the consensus has worked, but when you see key positions
blocked for a long period of time and when you see the support
agencies sometimes arguing more about turf than substance, it
is somewhat frustrating because people are in desperate need of
the type of leadership that we can provide.
Dr. Giammarinaro. I have to say that of course, this is,
you know, a big problem, and this is--[chuckles]--our daily
struggle, to make the organization more effective. And one of
the ways to make the organization more effective is to
potentiate, to strengthen the executive structures, because of
course the operational side of the work is carried out by the
executive structures, including the secretariat, but not only.
I mention also the ODIHR, the Institution for Human Rights.
And the Institution for Human Rights has the added value of
independence, so it can carry out activities, projects or
political activities in a way which is very effective.
I would like to say that to strengthen the operational
capacity of the OSCE, there are two preconditions. One is
financial resources. Unfortunately, we are in a very difficult
situation from this point of view. Participating states are
asking more from the executive structures, but the resources
are decreasing dramatically. And I would like to say that from
this point of view--I mean the future is not really--I don't
look with optimism from this point of view.
Mr. Cardin. Well, we've had at least some----
Dr. Giammarinaro. And the second element is the field
operations. The field operations are an enormous added value
for participating states in terms of possibility to cooperate
and to help in the process of implementing legislation, for
example, which is always a very difficult point.
So in a few words, I would like to say that participating
states should clearly, clearly decide that this organization
should be strengthened.
Mr. Cardin. Thank you. I just was making an observation. I
think there's been progress made on the openness of the budget
process. It's still far from resolved, the types of commitments
that the participating states need to make, and the consensus
issue still makes it challenging to get the long-term
commitments to priorities. But I think your points are well
taken.
I want to ask one last question dealing with a subject that
you brought up, on begging, where very young children are sent
out and doing things that are really disturbing. I would like
to get your recommendations, not necessarily this moment, as to
a strategy to deal with this. Are we talking about parents that
require their children to go out to beg? If that's the case,
then we need to strengthen our domestic laws on protecting
children. Or are these enterprises that have set up that
basically exploit young children in an effort to send them out
to beg with certain penalties or rewards based upon what they
do in a particular day? Is it connected also to the young
pickpocketers that we see in many of the vulnerable areas in
the OSCE and elsewhere?
I really would hope that we could develop a strategy under
the umbrella of trafficking to see whether we need to
strengthen laws, strengthen attention, but to deal with this
problem I think all of us have seen during our travels and have
seen, quite frankly, in the United States at times, and what we
can do to strategize to protect very young children.
Dr. Giammarinaro. It is indeed a very complex issue. We
have to distinguish cases in which a child is begging with the
whole family as a survival strategy, but he is or she is not
subject to mistreatment. In this case, I wouldn't say that this
is a case of trafficking. Of course we have to deal with this,
but not necessarily in terms of a criminal sanction. When we
talk about trafficking, we talk about a very serious crime.
There are situations in which the whole family is enslaved
and has to beg for the profit of a criminal gang or an
individual exploiter. In this case, of course, we are in a
situation of trafficking human beings. I don't exclude that
even parents could be considered traffickers and exploiters in
the sense of trafficking, because when parents use the same
methods as exploiters--for example, if the child doesn't bring
home the amount of money that the exploiter or even the parent
decides is his work performance of the day, the child is
beaten, for example. In this case, I would say that even a
parent can be considered liable for trafficking human beings.
But the problem is that we should have law enforcement
adequately trained to identify every single situation case by
case and adopt the solutions that are adopted. Unfortunately,
in many, many situations I have to say that in the real world
there is a large tolerance and nobody is really checking what
is the situation of children begging.
Mr. Cardin. Thank you. Congressman Smith.
Mr. Smith. Thank you very much. Again, I apologize for my
laryngitis here.
Great testimony, as always. Thank you again, as I said in
my opening, for your extraordinary leadership. And I think we
ought to recognize again this year the chair-in-office from
Ukraine, Kozhara, and Ambassador Motsyk, who have done, I
think, a magnificent job. Their Kiev conference certainly was a
good best-
practices conclave, and I think many people came away further
remotivated but also with a sense of new directions to take.
And if you could, one of the points that I stressed at that
conference was the importance of the flight attendant training,
if you might want to speak to that, how well you think that
might help. Every trafficking victim at some point has to be
transported. And if we could interdict during that point of
transportation of this person who's been turned into a
commodity, I think we could seriously dent these trafficking
enterprises, these nefarious enterprises.
Secondly, if I could--I know that you have gone to several
countries on your country visits, maybe you might want to speak
to that, how well or poorly your recommendations are received.
I know you've been to Bosnia, I think it was last year. I've
been to Bosnia. I've been to the shelters there. I've been to
shelters all over the world, from Peru to Ethiopia, to Nigeria,
to shelters in Romania, in your home country of Italy,
particularly in Rome. And one of my biggest takeaways has been
the extraordinary efforts made by the faith-based community to
meet the women--and they're mostly all women who are in these
shelters--deal with emotional trauma that is so deep that
without a spiritual component, it is unlikely she will find the
kind of healing that she absolutely is entitled to.
And I'm wondering--I know that there are some folks that
look at faith-based participation in the trafficking effort
with a jaundiced eye, particularly shelters. I've actually had
arguments with them. But I have seen the difference. And
nothing against the secular-based shelters, they're needed and
they're doing a great job, but that faith-based overlay of
healing--I met women in your capital city of Rome--I'll never
forget it, women who had been trafficked, one from Romania,
another one from Nigeria. And the Nigerian woman--her name was
Elizabeth--told the story that she had been trafficked for five
years, didn't want to come in from the street because she had
had a witch-doctor ceremony performed on her in Benin City
before she left and thought that horrible consequences would
come to her if she left that terrible life.
But she talked about how the sisters--Sister Eugenia, who
I'm sure you know--had just been such a source of strength. And
so my question would be the importance of faith-based
involvement in our anti-trafficking efforts.
And finally, you talked about the victims--two finals. One
would be a hotline, a more serious effort to have a hotline
within the OSCE region so that one call would then be
transferred to help that person either get saved from that
situation or get help in some other way, get law enforcement
there.
You mentioned 3 million victims within the OSCE. I wonder
if you could break that out to how many are labor, sex
trafficking; how many organ-trafficking problems do you think--
what's the estimate there; and of course, some of the labor and
sex trafficking are combined. But just some kind of breakout as
to how many fall into each category.
Dr. Giammarinaro. Thank you for this question so that to
give me the opportunity to talk about our current work to
promote an addendum, an update to the OSCE action plan. Why an
addendum? Because we think that the OSCE action plan is still a
valid document. The approach is a human rights-based approach.
It's still valid. And this still needs implementation in
certain areas.
But it is also true that since 2003, many things have
happened, and we have gained experience. There are new ideas.
And this could be useful if reflected in a document
complementing the action plan. So the Ukrainian chairmanship is
committed to this process. And we are cooperating with the
chairmanship, giving a number of inputs and ideas.
In practice, what are the main ideas we are discussing
right now? We are discussing about strengthening the chapter on
prevention, because we think that prevention would be more and
more strategic in the fight against trafficking human beings.
And this includes many areas, including the promotion of
public-private partnership, including with commercial carriers,
airlines, hotels, et cetera, because of course we are aware
that there are very good opportunities to identify at an early
stage trafficking cases on the borders, especially when
children are involved, because with children, the indicators
are more clear and more easily identifiable, if there is
trained staff in a position of recognizing these indicators.
But I talk about the cooperation with the private sector
regarding, for example, how to keep the supply chain clean from
forced labor and trafficking without the action that can be
adopted, not only code of conducts as window dressing, facade
operations, but, for example, a monitoring mechanism to verify
the level of compliance of subcontractors with the regulation
that the main enterprises have adopted.
For example, we are working--and this is a good opportunity
for me to mention this, and it's an important area of my work--
to prevent domestic servitude, which is a particularly hidden
form of trafficking, but really affecting victims in a horrible
way. We have carried out research, recently published, showing
that many victims of trafficking show the same symptoms as
victims of torture. In other words, there are forms of violence
that are comparable or even legally qualifiable as torture.
And not surprisingly, the vast majority of analyzed cases
are cases of trafficking for sexual exploitation and cases of
domestic servitude, in which very often extreme labor
exploitation is associated with sexual exploitation. And we are
working to prevent domestic servitude, especially when it
happens in diplomatic households, when the victim is at the
mercy of the employer because her or his resident status is
linked with this particular employer in the vast majority of
countries, and when, of course, the diplomatic immunity makes
it impossible for the victim to access remedies.
So we are promoting dedicated workshops involving the
protocol services of the ministries of foreign affairs to
disseminate good practices, including U.S. good practices, to
prevent this form of trafficking. This would be, of course,
also reflected in the addendum, but for example, also the
monitoring of recruitment agencies, because recruitment
agencies are very often the criminal segment of the trafficking
chain, placing people in a fraudulent way in exploitative
situations.
The second line is the idea is to strengthen the
commitments on the repressive side, the law enforcement and
judicial side, especially concerning the link between
trafficking and financial re-investment and the subsequent
money laundering. So in other words, the idea to go after the
money to identify trafficking cases and to seize and confiscate
the proceeds of crime--also to ensure that victims have
compensation after the crime.
And the third is to enhance victim assistance and access to
justice. In other words, we are aware that in many countries,
still, the possibility to access assistance is made in practice
if not in the regulation, if not on paper, is made conditional
to early reporting and giving testimony from the side of the
victim.
Everybody dealing with victims know that traumatized
people--people going through such a horrible experience are
very often not--absolutely not in a position to give a
testimony at an early stage. So we have to go the other way
around--we have to ensure assistance, and then we can expect
the victim will cooperate, and in the vast majority of cases,
they will cooperate--they are cooperating. So we would like to
strengthen the commitments on the so-called unconditional
assistance and access to legal counseling and free legal
counseling and representation for the purpose of obtaining
compensation.
Mr. Smith. Real quick on the faith-based----
Dr. Giammarinaro. Yes, faith-based organizations--as you
know, I also the special representative of the Alliance Against
Trafficking in Persons, which is a platform for cooperation
with our international organization and NGOs, and we have
recently enlarged the partnership, and we have, in the
alliance, the (CTME ?), which is the association of group of
faith-based organizations, including Caritas, including
Catholic organizations, protestant organization et cetera,
because we are aware that they are doing well. They are doing a
great job in many, many countries, and we are also involved in
a number of activities at the national level in which there is
excellent cooperation between faith-based and secular
organizations. So I think that this is the right way to go
ahead.
Mr. Cardin. Thank you. Congressman Cohen.
HON. STEVE COHEN, COMMISSIONER, COMMISSION ON SECURITY AND
COOPERATION IN EUROPE
Mr. Cohen. Thank you, Senator. I'm curious about the organ
slavery. We've had some letters, and I know China is a little
bit beyond our jurisdiction, or not germane, per se, but about
the Falun Gong and organ harvesting--how does this occur in our
regions? I mean, are people kidnapped and then they--what
happens?
Dr. Giammarinaro. What happens is that the so-called
broker, which is actually the boss of a big criminal network,
has at his disposal a number of people, a number of recruiters,
which means people going to the very poor and villages,
destitute communities, and explain that there is this
possibility to donate an organ for money, and that they will
gain very good money. So it is a fraudulent recruitment, at
least in the cases we have analyzed.
These are 11 cases--not very many--so we don't know what is
the real dimension, to answer your question. But this is very
clearly the tip of an iceberg, and we don't know what is. But
in these cases, the recruitment was a fraudulent recruitment.
So the person was never aware of the real impact on health of
the donation of an organ.
Mr. Cohen. Right, but it's--financial is the incentive.
It's not--they don't kidnap people and then----
Dr. Giammarinaro. No, no.
Mr. Cohen. It's financial. And where are these 11 cases?
It's not a very large focus group, but nevertheless.
Dr. Giammarinaro. The surgery took place, in this case, in
Moldova, if I remember well. I could be wrong, but what I
remember is Moldova, is Ukraine and Kosovo for sure. With the
involvement of doctors, surgeons of different nationalities,
and with the involvement--the donors were from Belarus, from
Moldova, again--I don't remember. I can forward further and
better information about that, but in all the analyzed cases,
either the person was paid the amount of money that had been
promised, but most often, they were paid much less even
compared to the amount of money that was promised at the
beginning, or not paid at all.
For example, in the Kosovo case, the whole thing was
discovered because the donor--I prefer to say the victim--was
found at the airport in a state of extreme weakness. He was
very sick; he was about to die. And he was not paid at all. He
was abandoned in a situation of extreme sickness. So there is
always a fraudulent pattern, which, of course, includes the
complete lack of information on the consequences of the
surgery. What happens is that the person goes back to the
community, maybe with a little amount of money, but
subsequently, she or he--most are men--cannot work anymore, so
it is a vicious circle, and the person falls in a situation----
Mr. Cohen. Doctor, I agree, this is a bad situation, but I
don't know if it's exactly slavery. The other workers are
basically forced into doing work, whether it's domestic labor,
sex, migrants, whatever--this is more consumer protection or
laborer employee, or whatever. I mean, it's not right.
Dr. Giammarinaro. Yes, this is actually something new that
we have to deal with. Of course, cases, as you said, in which
people are forced in the sense of physical violence exercised
to oblige them to do something exists, but there are also more
subtle means of coercion, of what the protocol calls abuse of a
position of vulnerability. For example, taking advantage of
multiple dependencies of people that are in a foreign country.
They don't know the language. They have a huge debt that they
have contracted to migrate. They have a situation in which
there are isolated--for example, in agriculture--in remote or
very, very cold areas, and they depend on the exploiters for
everything--for food, even for water.
So they don't have, actually, a way out. They don't have
other alternatives but to submit to their exploiters. And this
poses a challenge--in particular, a new challenge to law
enforcement, because of course, to identify physical violence
is much easier than to identify this complex situation of
dependency that leads to a compulsion which is not necessarily
or not primarily based on complete lack of freedom of movement
or physical violence, although physical violence is very often
used when the person tries to react or tries to leave.
Mr. Cohen. Thank you for your service and your testimony,
and I yield back the balance of my time.
Mr. Cardin. Senator Boozman is a new member of our
Commission. I want to welcome you, first, to the Commission,
and thank you for your interest and your commitment to the
areas of the Commission's priorities, and it's nice to have you
on the committee.
HON. JOHN BOOZMAN, COMMISSIONER, COMMISSION ON SECURITY AND
COOPERATION IN EUROPE
Mr. Boozman. Well, thank you, Senator Cardin. And it really
is an honor to be a part of this group, and I appreciate you
and Congressman Smith's leadership for many, many years. You
know, these are such important things, and trying to protect
those that can't protect themselves, and you two guys are
certainly not new to that game. So we really do appreciate all
your tremendous leadership and all that you represent.
I'd like to, before I ask questions, just associate myself
with something that Senator Cardin brought up. I really do
think it is important that, as you go around, do reports and
things like that, that there is transparency in that. I think
the name and shame aspect is important, and certainly, we as a
country don't do all that we need to be doing. And I do think
that there's some good things in publicly pointing that out--
with good reason.
So again, I'd just like to associate myself with that, and
do think it is important. Let me ask you--your office has
worked with the Ukrainian OSCE chairmanship following the
February 2013 Rome expert seminar in preventing trafficking in
the Mediterranean region to develop focus guidelines for
cooperation on trafficking with their Mediterranean partners.
What issues should the OSCE prioritize in its cooperation with
our Mediterranean partners as we work to combat the human
trafficking?
Dr. Giammarinaro. We are in a discussion with our
Mediterranean partners, especially because in October, there
will be the conference of the Mediterranean partners, and a
session will be devoted to trafficking human beings. So we are
discussing a number of ideas for possible action, for possible
cooperation in operational terms, and one of the ideas that is
endorsed by Mediterranean partners is prevention of
trafficking, especially of trafficking for labor exploitation,
and with a special focus on the role and the commitment of the
private sector. So we are thinking about how to deal with this
issue in the region, and this could lead also to a number of
concrete projects to be implemented.
Another idea we are now discussing is how to--but I
mentioned already in more general terms this problem--how to
make it possible that workers--in this case, workers coming
from North Africa or through North Africa from the sub-Saharan
region, the Horn of Africa, et cetera--can be allowed and
enabled to claim the rights in the destination countries. Or if
the person is returned, how this person can, for example, ask
for compensation in a way which makes it easier for the worker
to--for example, to make a complaint in the country of origin,
and then with a cooperation between the country of origin and
the country of the destination, the compensation procedure can
be carried out in the destination country. So these are, of
course, problems concerning bilateral agreements or
multilateral agreements that could be adopted in the region--in
this case, it could be even a benchmark to establish a good
practice allowing workers to ask for compensation between the
country of origin and destination.
Mr. Cardin. Will my friend yield briefly?
Mr. Boozman. Yes, sir. For sure.
Mr. Cardin. Doctor, in 2000--because I wrote the law, the
Trafficking Victims Protection Act--we wrote and established
two new visa categories, a T visa and a U visa. And not only
did we say that a victim who makes their way to the United
States will not be sent back where he or she--and most of the
people would be women--would be retrafficked and hurt and
harmed, but their families as well, because they're at risk
because of the retaliation by the traffickers could also find
their way here, and under the rubric of those visas, find
asylum here.
Are other OSCE countries--do they have similar laws like
the U.S. T visa and U visa?
Dr. Giammarinaro. Yes, I would say that many countries have
specific regulations allowing victims of trafficking to stay at
least for the duration of the procedures. The problem is, what
are the grounds, what are the conditions? Many countries
establish--I said that, you know, as a matter of regulation or
as a matter of practice--have legal requirements to admit the
person, to allow the person to have this possibility, this
authorization to stay.
And as I said, in a number of cases, this has proven not
effective because if the victim is not ready or not willing
because she or he is under threat or is particularly
traumatized, et cetera, the whole system doesn't work. So there
are regulations allowing the person to stay, but only in a few
countries this regulation provides the victim with
unconditional assistance. And this, I think, is the right
direction.
Mr. Boozman. No, I'm glad you brought that up, Congressman.
The reality though is that in many, many cases, the victims are
actually prosecuted. You know, you talk about that in your
testimony that you have the victims, and they're actually
prosecuted for being part of a criminal activity.
Now, I brought all of the state agencies together for a
conference not too long ago, and that had to do with
trafficking. And they said one of their big things that they've
switched over is viewing a 17-year old that is in this as a
victim, versus a person that is committing a crime. So we've
struggled with this in our country with law enforcement. And
the good news, evidently that's coming from the top down.
But that's a real problem, and so do you have any comments
about how we can get away from--again, we find these people
that we all agree are trafficked and in terrible situations,
and yet they end up getting prosecuted along with the people
that are doing it.
Dr. Giammarinaro. I issued very recently recommendations on
how to implement the nonpunishment provision. This is included
in the U.N. Global Action Plan and in binding terms for the
ratifying countries in the Council of Europe Convention and
recently also in the European Union Directive on Trafficking.
In other words, victims committing crime as a direct
consequence of the trafficking process, their victimization
shouldn't be punished, and not even prosecuted, if possible,
and not detained. So in other words, they should be exempted
from all the aspects of criminal proceedings in which they are
considered offenders and not victims.
Of course, this presents difficulties because in different
legal systems--for example, in systems in which prosecution is
discretionary or in which prosecution is compulsory, the clause
should work in a different way. So I showed you recommendations
about how to implement this clause, this provision in a way
which is the most favorable to victims of trafficking.
But the real problem there, I think, is a conceptual
problem. So in other words, law enforcement should be trained
and ready to understand that there is a situation of
compulsion. I repeat, not necessarily linked with the use of
the physical violence, but very often it is psychological
violence or multiple dependency in which the person doesn't
have any other alternative.
For example, the traditional cases are the use of forged
documents, the violation of immigration regulations, et cetera.
And I would like to underline that even the imposition of fines
or of administrative sanctions have very bad consequence for
the victim that should be avoided. But there are recent cases
in the U.K., for example, in which children were obliged, were
compelled to work in cannabis factories.
So it was a serious crime of drug cultivation. And
recently, there was a favorable decision of court of appeal
recognizing that these children were in a situation of
compulsion, and so the prosecution shouldn't have even
initiated. So it's a process that is going. We are at a
starting point, actually.
Mr. Boozman. Thank you very much, Doctor. Thank you, Mr.
Chairman.
Mr. Cardin. Senator Boozman, thank you very much.
Appreciate it.
Senator Boozman raised a very important point on
transparency; he was referring back to me. I just don't want to
leave this point--I understand the strengths and weaknesses of
a consensus organization. But it does not prevent us from
naming names. It does not prevent us from putting a spotlight
on what is right.
And I've joined Congressman Smith as we've gone to
countries and have seen victim centers that are really the way
that a country should deal with trafficking victims. And we've
been in countries where their law enforcement doesn't get it.
And I think it's our responsibility to name countries and how
well they're doing. And I don't believe that conflicts with the
consensus nature of our organization. So I just really wanted
to just underscore that point, because I don't think there's an
inconsistency there.
Also, we need to take advantage of every opportunity we
have. And we've done that. Senator Whitehouse, who was here a
little bit earlier--valuable member of this Commission, also on
the Senate Judiciary Committee--as we were reauthorizing the
Violence Against Women Act, it gave us an opportunity to
strengthen our trafficking laws. So we need to take advantage
of every opportunity.
And I think your testimony really points out the complexity
of this issue. It's not just one type of trafficking or one
type of circumstance. And each country is somewhat different.
But you have pointed out patterns that we can be more effective
and policies to counter. And that's what we hope--all of us
hope, that as we revisit the commitment of the OSCE to rid our
region and world of modern-day slavery, that we will up our
game and look at ways that we can be more effective in using
technology, using the strength of the OSCE to make that
progress.
Your testimony has given us a road map. Since this is
probably your last time you'll be before the Commission in this
capacity, on the behalf of the U.S. Helsinki Commission, we
want to thank you for your international service on this issue.
We're extremely proud of the role that you have played in
helping us with an effective international presence to deal
with trafficking. Thank you very much. And with that the
hearing will stand adjourned. [Sounds gavel.]
Dr. Giammarinaro. Let me thank the Helsinki Commission for
your constant support and your leadership. Thank you.
[Whereupon, at 11:25 am, the hearing was adjourned.]
A P P E N D I X
=======================================================================
Prepared Statements
----------
Prepared Statement of Hon. Benjamin L. Cardin, Chairman, Commission on
Security and Cooperation in Europe
Welcome to this Helsinki Commission hearing on ``OSCE Efforts to
Combat Human Trafficking: Outlook and Opportunities.'' The Helsinki
Commission has been an instrumental component in the leadership of
United States Government efforts to combat human trafficking. Our
Members have a strong history of contributions to the inception U.S.
anti-trafficking legislation and compliance. This, coupled with close
engagement with actors throughout the Organization for Security and
Cooperation in Europe (OSCE) region on trafficking issues, have served
to meet our human rights commitments within the Helsinki Final Act of
1975.
I last convened a hearing on human trafficking as Chairman of the
Helsinki Commission in July 2010 when we commemorated ``A Decade of the
Trafficking in Persons Report.'' This was the last time the Commission
hosted Dr. Maria Grazia Giammarinaro, OSCE Special Representative and
Coordinator for Combating Trafficking in Human Beings. Much has changed
in a short time since 2010 in terms of global awareness of the scourge
of modern-day slavery, but also the sophistication of methods employed
by traffickers to exploit the vulnerable. Countless men, women, and
children have faced the brutality of trafficking first-hand, aside from
the social and economic costs that extend beyond their captivity. We
must remain resolute in demanding immediate action from governments
around the globe to support civil society efforts and ensure swift
punishment of traffickers to interrupt this violent cycle of
exploitation. OSCE initiatives are helping us take this action.
We are honored to be joined today by Dr. Giammarinaro. Since her
last appearance before the Helsinki Commission, she was honored as a
2012 Trafficking in Persons Report Hero by the U.S. Department of State
and traveled extensively to contribute her expertise and leadership
around the globe. We are honored to have an opportunity for a candid
discussion about the accomplishments of Dr. Giammarinaro's tenure and
how the OSCE has risen to the challenge by facing the evolving
methodologies of traffickers with innovative research, country visits,
and regional trainings. We look forward to examining the outlook for
the initiatives of her office, including the prospect of an addendum to
the 2003 OSCE Action Plan on Combating Trafficking in Human Beings, as
well as guidelines for OSCE cooperation with Partners for Cooperation
in the Mediterranean and Asia.
I see this hearing as an opportunity to examine not only the OSCE's
institutional development on human trafficking, but to reflect on how
the U.S. Government can make a greater commitment to ending modern-day
slavery. President Obama's Inter reported substantial progress earlier
this year in improving cooperation to prosecute traffickers and deliver
life-saving services to victims. Additionally, President Obama signed
an Executive Order last September to protect against trafficking in
persons in federal contracts. We still have a long way to go and there
are many more opportunities for partnership.
We look to you, Dr. Giammarinaro, for recommendations regarding how
we can be even more active in overall OSCE efforts to end human
trafficking. Thank you for taking the time to join us.
Prepared Statement of Dr. Maria Grazia Giammarinaro, OSCE Special
Representative and Coordinator for Combating Trafficking in Human
Beings
Honourable Chairperson/s,
Distinguished Members of the Commission,
I am delighted and honoured to testify today before the Helsinki
Commission of the United States Congress in my capacity as the OSCE
Special Representative and Co-ordinator for Combating Trafficking in
Human Beings.
In 2003, the position of Special Representative and Co-ordinator
for Combating Trafficking in Human Beings was established as a high-
level mechanism to promote the implementation of the OSCE Action Plan
and other commitments on combating trafficking in human beings in all
the 57 OSCE participating States. The mandate of the Special
Representative is to work with the representatives of governments and
Parliaments, as well as judiciary of the participating States; to
catalyze the exchange of best practices; to provide technical
assistance when requested, especially in the field of training and
capacity building; to report on anti-trafficking developments in the
OSCE region and to raise the public and political profile of the fight
against trafficking in human beings. \1\
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\1\ OSCE Ministerial Council, Decision No. 3/06 Combating
Trafficking in Human Beings, MC.DEC/3/06 (21 June 2006) http://
www.osce.org/mc/22762, accessed 5 September 2013.
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Since 2000, the OSCE has adopted important political commitments on
an almost yearly basis to continually strengthen our efforts to combat
trafficking in human beings. This includes the 2011 Vilnius Ministerial
Declaration on Combating All Forms of Human Trafficking, \2\ co-
sponsored by the United States and the Russian Federation, which acted
as a catalyst for our Office to intensify its activities in many
respects and reaffirmed our full commitment to the Universal
Declaration of Human Rights: ``No one shall be held in slavery or
servitude; slavery and the slave trade shall be prohibited in all their
forms.'' \3\
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\2\ OSCE Ministerial Council, Declaration on Combating All Forms
of Human Trafficking, MC.DOC/1/11/Corr.1 (7 December 2011) http://
www.osce.org/mc/86373, accessed 5 September 2013.
\3\ United Nations, Universal Declaration of Human Rights (10
December 1948) http://www.un.org/en/documents/udhr/index.shtml,
accessed 5 September 2013.
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I have served as the Special Representative for most of the past
four years and I am now in the final year of my work at the OSCE, which
began when I took office in March, 2010.
Before I begin, I would like to thank the United States of America
for its strong support of my Office during the past four years, and
thank the Helsinki Commission and its Chairman, Senator Benjamin L.
Cardin and Co-Chairman Congressman Christopher H. Smith for holding
this hearing today, and I would like to also thank Ambassador Luis
CdeBaca for his leadership in co-ordinating the U.S. Government's fight
against contemporary forms of slavery on both the domestic and
international levels.
This session is mostly dedicated to a review of the activities of
my office during my tenure as Special Representative. I will also focus
on the work of the OSCE to combat trafficking in human beings prior to
the start of my work and outline some areas where the Organization can
focus its efforts in the future. This includes an Addendum to the
original Action Plan to Combat Trafficking in Human Beings \4\ intended
to complement the existing commitments and recommendations by providing
participating States with an updated and more comprehensive toolkit to
increase their capacity in combating all forms of trafficking in human
beings that takes into account the evolving nature of this crime and
human rights violation.
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\4\ OSCE Permanent Council, Decision No. 557/Rev.1 OSCE Action
Plan to Combat Trafficking in Human Beings, PC.Dec/557/Rev.1 (Vienna, 7
July 2005) http://www.osce.org/pc/15944, accessed 27 August 2013.
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I will begin by touching upon two issues: the state of play in the
struggle against trafficking in human beings, and the major challenges
we will combat going forward. In my assessment of the state of play I
will take into account a number of elements: government action, issues
surrounding the increase in trafficking globally, and factors that, if
implemented, can increase the effectiveness of anti-trafficking action,
as well as ideas that will allow us to create a second-wave of anti-
trafficking action.
1. Assessment of the state of play
1.1. Governmental action
It is clear that many efforts have been made by governments of the
participating States throughout the OSCE region since 2000, with the
fundamental contribution of NGOs, as well as with the support of
international organizations including the OSCE Office of the Special
Representative and Co-ordinator for Combating Trafficking in Human
Beings (OSR/CTHB) and the OSCE Office for Democratic Institutions and
Human Rights (ODIHR) Anti-trafficking Unit, promoting a comprehensive,
human rights based approach to combating trafficking in human beings.
Over this period, there have been many visible and encouraging
achievements. The key indicators of the level of political will include
the ratification of international instruments, the adoption of national
legislation, the establishment of national anti-trafficking mechanisms,
and the allocation of adequate financial and human resources for their
implementation.
Concerning the ratification of international instruments, the
Palermo Protocol to the United Nations Convention against Transnational
Organized Crime has been ratified since its adoption in 2000 by all but
one of the OSCE participating
States.\5\ At the regional level, the Council of Europe Convention on
Action against Trafficking in Human Beings (2005), in force since 1
February 2008, has been ratified by 40 Council of Europe member States
to date and has been signed by 43 States in total.\6\
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\5\ Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime (New York, 15
November 2000), https://www.unodc.org/documents/treaties/UNTOC/
Publications/TOC%20Convention/TOCebook-e.pdf, accessed 26 August 2013.
\6\ Council of Europe, Convention on Action against Trafficking in
Human Beings,
CETS No. 197 (16 May 2005), http://www.conventions.coe.int/Treaty/
Commun/QueVoulezVous.asp?NT=197&CM=1&CL=ENG, accessed 26 August 2013.
Furthermore the OSCE MC Decision No. 13/05 Combating Trafficking in
Human Beings (MC.DEC/13/05, 6 December 2005, Ljubljana) calls on
participating States to consider signing and ratifying where
appropriate the Council of Europe Convention. All Council of Europe
member States are OSCE participating States, and non-Council of Europe
member States are also welcome to become party to the Convention.
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Since 2000, the vast majority of the 57 OSCE participating States
have integrated anti-trafficking legislation into their national legal
framework, meaning that almost all have specific legal provisions on
combating trafficking in human beings.
Another important indicator of the political will is the
establishment of anti-
trafficking machinery and the allocation of sufficient resources to
make it function. A majority of participating States have set up anti-
trafficking National Co-ordination Mechanisms or similar inter-
ministerial bodies to co-ordinate activities among State agencies and
NGOs. Increased resources through greater budgetary allocation are
essential to better fund such activities.\7\ A key element for
allocating resources, setting benchmarks, strategic priorities and
concrete actions is the National Action Plan. Such Plans, or an
equivalent co-ordinated policy/programmatic response have been put in
place by a majority of participating States. The effectiveness of the
anti-trafficking machinery depends on its actual implementation, and in
particular on the human and financial resources dedicated to the
functioning of these structures. In practice, for example, many
National Co-ordinators are not engaged on a full-time basis with an
official job description, and they often lack sufficient staff and
budgetary funding.
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\7\ Organization for Security and Co-operation in Europe, Efforts
to Combat Trafficking in Human Beings in the OSCE Area: Co-ordination
and Reporting Mechanisms (Vienna, 13 November 2008), http://
www.osce.org/cthb/36159?download=true, accessed 13 September 2013.
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Awareness-raising activity to combat human trafficking is important
and has been a priority of mine and has strengthened over time since
the establishment of the Office of the Special Representative in 2003.
I have paid particular attention to the development of close co-
operation with the media and I believe that the influence of the
``fourth power'' in the prevention of modern-day slavery, awareness-
raising and in decreasing the vulnerability of most disadvantaged
groups of the population, is as crucial as the media's engagement in
the creation of a climate of zero tolerance towards human exploitation
in any society.
Reaching out to the next generation of journalists is another key
aspect of my awareness-raising activity. I have conducted interviews
with student journalists and met with student groups across the OSCE
region and launched a project in Russia to establish a special course
on ``Trafficking in Human Beings: the Global Perspective and the Role
of the Media'' for students and postgraduates of the Moscow State
University's Faculty of Journalism. The university taught a year-long
course at its journalism faculty on reporting human trafficking issues
beginning in the spring semester of 2012. We published a course book
based on this material earlier this year together with the university
and the Russian Union of Journalists \8\ that was partially funded by
the United States.
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\8\ Organization for Security and Co-operation in Europe, Moscow
State University's Faculty of Journalism, the Russian Union of
Journalists, Mass Media Against Human Trafficking, (Moscow, 28 March
2013) http://www.osce.org/ru/cthb/100483, accessed 13 September 2013.
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The United States has played a key role in increasing awareness,
not only through the annual Trafficking in Persons Report \9\ and the
work of many dedicated government officials and legislators at the
national, state and local level, but also through supporting the work
of numerous NGOs active in the field. This has led to increased
understanding by policy makers and legislative reform, improved co-
operation among stakeholders, better statistical knowledge and
understanding of trafficking in human beings on the basis of concrete
evidence, increased training and educational activities, and improved
identification and protection of victims of trafficking.
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\9\ United States Department of State, Trafficking in Persons
Report 2013 (Washington, 2013), http://www.state.gov/j/tip/rls/tiprpt/
2013/, accessed 27 August 2013.
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The fight against trafficking in human beings has also been
strengthened thanks to increased co-operation which leads to the
adoption of regional action plans, such as the CIS Program of Co-
operation to Combat Trafficking in Human Beings (2011-2013). Another
regional good practice is the development of Transnational Referral
Mechanisms for the protection of trafficked persons, an effort which
builds on the OSCE/ODIHR work on national referral mechanisms, and
which was funded by USAID. \10\
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\10\ The International Centre for Migration Policy Development,
through the support of USAID and the European Commission, has been
supporting Transnational Referral Mechanisms in South-Eastern Europe
and in the European Union to develop cross-border referral, assistance
and support mechanisms, including all concerned state and non-state
actors, to ensure comprehensive and effective assistance and protection
for trafficked persons, in line with a human rights based approach.
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Co-operation beyond the borders of the OSCE region is essential to
combat human trafficking. The OSCE has developed special relations with
six Mediterranean Partners for Co-operation, Algeria, Egypt, Israel,
Jordan, Morocco and Tunisia, based on a wide and consolidated framework
for dialogue and co-operation. The topic of human trafficking was among
the key areas for enhanced dialogue with the Partners, given the
transnational nature of this crime and the ever changing patterns of
this phenomenon that require the involvement of further stakeholders
outside the OSCE region.
The Partners for Co-operation in Asia was launched in the early
1990s to foster a flexible dialogue with the OSCE, at the time when the
Organization was taking on a more formal structure, and it now includes
Japan, Korea, Thailand, Afghanistan and Australia. I have devoted
particular attention to co-operation with these partners, speaking at
conferences in Thailand, Australia and elsewhere in the region to
ensure that our efforts to combat trafficking jointly are sustained and
effective.
Although numerous good practices exist in the OSCE participating
States, a significant gap between regulation and actual implementation
has been highlighted. There is no doubt that trafficking in human
beings has developed into a major criminal phenomenon entailing gross
violations of human rights and fundamental freedoms, and heavily
affecting economic and labour market sectors such as agriculture,
construction, fishing, the textile industry, tourism and domestic work.
According to a 2012 report by the International Labour Organization
(ILO) an estimated 20.9 million people were in forced labour globally,
with women and girls representing 11.4 million, or 55 per cent of the
total. \11\ Separate data compiled by the United States Department of
State showed that globally there were 7,705 prosecutions for human
trafficking in 2012 and 4,746 convictions with 46,570 victims
identified. This compares to 7,206 prosecutions for trafficking in
2011, and 4,239 convictions, with 41,210 victims identified. \12\
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\11\ International Labor Organization, Global Estimate of Forced
Labor, (Geneva, 1 June 2012), http://www.ilo.org/washington/
WCMS_w182004/lang--en/index.htm, accessed 26 August 2013.
\12\ United States Department of State, Trafficking in Persons
Report 2013 (Washington, 19 June 2013), http://www.state.gov/j/tip/rls/
tiprpt/2013/, accessed 26 August 2013.
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The ongoing fallout from the global economic crisis also continues
to affect sectors such as agriculture and construction, making forced
labour an increasingly attractive option for unscrupulous businesses.
Stories continue to surface of slavery-like conditions prevailing among
workers in these sectors across the OSCE region.
To conclude on the results of government action in the OSCE area,
my general assessment is that political will to combat trafficking in
human beings has clearly increased since 2000. Unfortunately, the scale
and the scope of human trafficking has also continued to expand as
criminals devise new ways of exploiting the powerless. This should not
discourage us, instead, it must stiffen our resolve as we seek to
eliminate this crime.
1.2. Combating trafficking more effectively
How to deal with the nature of this phenomenon, which is
increasingly linked to economic trends, related policy areas such as
migration policies and labour market regulations, and national
legislation? This is something we are exploring with our partners in
the Alliance against Trafficking in Persons, an OSCE-led initiative and
partnership with major international organizations and NGOs.
First of all, trafficking in human beings should be seen as an
issue of social justice, or more precisely an issue of global justice.
The criminal justice response to trafficking is still weak and must be
strengthened. However, the prevention of, and fight against human
trafficking is first and foremost about building a more fair society,
in which there is no acceptance or indifference toward the exploitation
of people who are easily enslaved simply because they are poor,
destitute, uneducated, marginalised and discriminated against, and
therefore deprived of the basic protection of the rule of law. This is
a task for governments and public institutions, but it is also a task
for every individual. To prevent and combat a massive scale human
rights violation, the contribution of women and men of good will is
needed, just as it happened in the history of the anti-slavery
movement.
Secondly, one essential element of a new strategy to prevent and
combat trafficking as a human rights violation on a massive scale is to
ensure that victims and survivors have full access to justice. Access
to justice includes trafficked and exploited persons' right to
compensation through the criminal justice system, civil and labour law
litigation, state compensation funds or out-of-court negotiations. Only
if we address a broader area of exploitation and enable every
individual who worked without being fairly paid and treated to claim
her or his rights, only then will we be able to encourage trafficked
persons to come forward. Unfortunately we have to admit that, in the
vast majority of cases, competent authorities and especially
immigration authorities are still reluctant to identify actual cases as
trafficking cases, even when there are clear indications of the crime;
as a consequence, very often the only outcome of labour or migration
checks is the immediate deportation of workers, who are not allowed to
claim back-payments of their salaries and compensation.
If national legislation and practice enabled exploited persons to
obtain restitution of unpaid wages and compensation, for example by
ensuring free legal counselling and representation and by establishing
dedicated state funds, such legislation would give justice to
trafficked persons, and simultaneously enable them to start something
new, and build a better life for themselves and their loved ones,
wherever they decide to settle.
Thirdly, we are increasingly aware that we have to tackle all forms
of trafficking in human beings. An increasing trend has been
highlighted by recent assessments regarding trafficking for labour
exploitation including domestic servitude, and dramatically regarding
child trafficking. At the same time, trafficking for sexual
exploitation has not disappeared, and even in countries in which there
are indications of a decrease, we don't know if it is really
diminishing or if it is merely becoming increasingly difficult to
detect. Also trafficking for forced and organised begging, for forced
criminality, for the removal of organs and other new and challenging
forms of trafficking deserve further attention and an adequate
response.
The 2003 Action Plan to Combat Trafficking in Human Beings remains
our strategic document that guides the participating States in the
three ``P'' areas (Protection, Prosecution and Prevention). Its victim
centred approach was re-confirmed by the 2011 Vilnius Ministerial
Declaration, and its implementation, as well as the implementation of
subsequent Ministerial Decisions are an on-going process.
Still, since 2003 the OSCE participating States, international
organizations and NGOs, and, in particular, the Office of the Special
Representative and Co-ordinator for Combating Trafficking in Human
Beings and other OSCE executive structures and institutions, especially
the ODIHR, have gained remarkable experience in combating this heinous
crime, and elaborated good practices that were not reflected in the
Action Plan a decade ago.
Furthermore, criminal organizations engaged in human trafficking
have become much more sophisticated in their modus operandi,
elaborating new subtle methods of recruitment, and penetrating new
economic sectors, both legal and illicit, to exploit their victims and
launder their profits. In this context we strongly support the
Ukrainian OSCE Chairmanship that recognized the fight against modern-
day slavery as one of its priorities, in the work on an Addendum to the
OSCE Action Plan. This document, if adopted, could significantly enrich
and update the Action Plan and strengthen the coherence of the OSCE
response to human trafficking. We would be happy to provide technical
assistance to the Chair and the participating States in this endeavour.
1.3. Combating all forms of trafficking, especially for labour
exploitation and child trafficking
It is crucial to take action against the growing phenomena of
trafficking for labour exploitation and child trafficking, and
therefore I have sought to especially spotlight these issues during my
time in office. Labour exploitation occurs in economic sectors in which
demand for cheap labour is endemic, and in some instances is fostered
through criminal means. Often recruitment agencies encourage migrants
to borrow money to cover recruitment fees and travel expenses, and
employ these and other abusive and fraudulent practices that either
directly lead to trafficking or increase the vulnerability of workers
to exploitation. Through a combination of wage deductions, payments in
kind and debt manipulation, workers end up in situations of debt
bondage in which they have no other viable option but to submit to
their exploiter. To this end, I will continue to advocate the
protection and promotion of workers' rights, and support the
implementation of the ILO Decent Work and Social Justice Agenda, and
will continue to engage with trade unions and the private sector as
crucial partners to prevent and combat trafficking for labour
exploitation.
In a particular area of trafficking for labour exploitation--
domestic servitude in diplomatic households- my Office has pioneered
work to highlight this particularly hidden form of trafficking. My
Office has co-operated with countries where good practices are already
in place to sensitize the other participating States on effective
measures to prevent this form of trafficking, and we have already held
high-level seminars in Geneva and Kyiv as part of a series partially
funded by the United States. In this regard, we are glad to have the
strong support of Gladys Boluda, Acting Chief of Protocol for
Diplomatic Affairs. More seminars are planned in other OSCE regions to
enhance the prevention of trafficking in human beings for domestic
servitude in diplomatic households. On 8-9 October, a workshop will be
held in The Hague for the Balkans and East European countries.
Child trafficking is widespread in the OSCE region and is reported
by Europol to be a growing area of organized crime for any form of
exploitation, including for child begging. It affects many vulnerable
groups of children such as unaccompanied and separated, asylum-seeking
and refugee children. There are also vulnerabilities involving children
such as those living in institutions, or belonging to ethnic minorities
among others. I have thus continued to call for the strengthening of
child protection systems, as a powerful means to prevent child
trafficking.
1.4. The evolving phenomena of trafficking in human beings
Trafficking in human beings is an evolving phenomena, necessitating
great vigilance on the part of criminal justice and legal authorities.
While physical violence continues to be regularly used against some
groups of trafficked persons, more subtle methods of coercion and abuse
of a position of vulnerability have appeared. These include, for
example, psychological dependency in cases of domestic servitude,
withholding of wages and debt bondage, and forms of ``negotiation'' of
the exploitative terms and partial earnings sharing. In some countries,
such methods, along with the fact that many victims are aware of ending
up in prostitution or in an irregular job situation, may significantly
challenge their position when identified and required to describe the
coercion suffered.
The ever-evolving modus operandi poses a real challenge for law
enforcement, prosecutors and judges, in both cultural and legal terms.
For them, it is still difficult to realize that a person, although she
or he has not been locked up in an apartment or in a workplace, could
nevertheless be coerced to stay in an exploitative situation because
she or he has no viable and acceptable alternative but to submit to the
abuse. Yet in several trafficking cases, workers are induced to stay in
an exploitative and slavery-like situation even if they are not paid
for months.
The result is all too often that trafficking cases, especially for
labour exploitation, are rarely qualified as such, criminal networks
are not disrupted, perpetrators go unpunished and victims are not
identified nor redressed. In order to counter this discouraging
situation I have met with judges from across the OSCE region at
judicial training seminars in order to ensure that trafficked people's
legal rights are upheld and given the same importance as punishing
perpetrators in court. I also stress the importance of upholding the
right to claim compensation, which remains one of the most neglected
aspects of providing justice in human trafficking cases. \13\
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\13\ See for example, Directive 2011/36/EU of the European
Parliament and of the Council of 5 April 2011 on preventing and
combating trafficking in human beings and protecting its victims,
http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=OJ:L:2011:101:0001:0011:EN:PDF, /, accessed 26 August
2013.
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My assessment of the state of play of anti-trafficking action in
the OSCE area is that, despite the significant commitments and action
taken, trafficking in human beings is still not considered a strategic
issue; nor does trafficking in human beings raise the same level of
concern as other human rights issues such as torture, or other
transnational threats such as drug trafficking. As a result, an
effective law enforcement response to the evolving nature of the crime
has been lacking.
2. The challenges
2.1 Implementation of anti-trafficking commitments
I am convinced that in my capacity as the OSCE Special
Representative I have to promote a different perception of trafficking
in human beings, which has often been treated as a marginal phenomenon,
involving the profiles of only certain victims, or limited to sexual
exploitation. It is time to ensure that trafficking in all of its forms
is acknowledged for what it is: modern-day slavery, on a massive scale,
mostly a business of organized crime and a serious threat for national
and international security. Instruments that we have built over the
past ten years--such as legislation, anti-trafficking policies and
national machineries--should now work on a much larger scale.
I have travelled tirelessly on official country visits across the
OSCE region, visiting Azerbaijan, Bosnia and Herzegovina, Canada,
Ireland, Italy, Ireland, Kazakhstan, Moldova, Portugal and, most
recently, Romania. During the remainder of my term I also plan to carry
out an official country visit to Uzbekistan.
Country visits serve to establish a direct and constructive
dialogue with participating States on anti-trafficking policy. During
country visits, I hold consultations with government authorities,
parliamentarians, and representatives of the judiciary and NGOs on
human trafficking issues and aim to share knowledge and good practices.
After each visit, I issue a country report, underlining promising
practices of the country, as well as challenges discussed and areas
where anti-trafficking policy could be enhanced. The report contains
concrete and focused recommendations to support the country in
enhancing the implementation of OSCE anti-trafficking commitments. If
the country agrees, the report is made public, with a response from the
Government, where given.
Country visits are an opportunity to assess these challenges and
also tackle issues such as the lack of acknowledgement of the
involvement of public officials in trafficking in human beings in some
participating States. Few actions have been taken, and even fewer
prosecutions have been undertaken where allegations of corruption have
arisen.
Such trips also allow me to determine where there are serious gaps
and challenges in the adoption of comprehensive anti-trafficking laws
and National Action Plans. Some National Action Plans fail to tackle
all forms of exploitation, several of which do not include trafficking
in human beings for labour exploitation, internal trafficking, child
trafficking, or trafficking in men. Trafficking in human beings for
labour exploitation as well as all other forms of trafficking should be
clearly identified and criminalised.
Participating States still lack reliable data and empirical
evidence to understand the problem and respond adequately at the local,
national, regional and international levels, perhaps because most
countries do not have a National Rapporteur or equivalent mechanism,
which can monitor and report on the phenomenon and the impact of
legislation, policies and initiatives. The dearth of systematic data
gathering and evidence based research can have a profound impact at the
national level, undermining the effectiveness of measures and the
investment of funds and human resources provided to tackle trafficking
in human beings.
2.2 Alliance against Trafficking in Persons
My efforts to combat human trafficking also include The Alliance
against Trafficking in Persons, an informal platform for co-operation
between the OSCE and major international organizations and NGOs
recognized for their active stand against modern slavery. The Alliance
was designed to serve the following goals, beneficial for both the
Alliance Partners and the OSCE participating States: exchange of best
practices and information, sharing of experience, exploring new
approaches to better tackle trafficking in human beings, establishing
shared priorities and undertaking common initiatives, thus ensuring
better co-ordination among international organizations and diminishing
duplication. The Alliance also was targeted at providing the OSCE
participating States and Partners for Co-operation with harmonized,
evidence-based approaches, international expertise, and served as a
platform for dialogue with civil society.
The foremost principle is the human rights-centred perspective at
the core of all OSCE action against trafficking in human beings. This
requires a holistic and integrated approach, giving first place to the
rights and legitimate interests of trafficked persons. Victims should
be identified at an early stage, assisted and supported in a process
which aims at their recovery, and in the medium term at their social
inclusion. Therefore, co-operation with civil society organizations is
crucial in order to ensure that a confidence building process takes
place in a friendly, respectful and protective environment.
There have been two main modalities of co-operation within the
Alliance against Trafficking in Persons, our annual conference in
Vienna and meetings of our co-
ordination team of experts from leading international organizations,
NGOs, and researchers. The United States has played a significant role
in the Alliance conference, sending prominent speakers including
Kenneth Morris, President of the Frederick Douglass Family Foundation,
Rani Hong, Executive Director of the Tronie Foundation, James Felte,
Prosecutor, Human Trafficking Prosecution Unit, United States
Department of Justice, David Lopez, General Counsel of the U.S. Equal
Employment Opportunity Commission, attorney and author Victor Boutros,
and Ambassador CdeBaca.
2.3 Internal co-ordination and co-operation
Internal co-ordination and co-operation with other OSCE departments
are another essential part of our efforts to fight human trafficking.
The joint Transnational Threats Department/Strategic Police Matters
Unit (TNT/SPMU), the Gender Senior Adviser and her team and the ODIHR
Anti-trafficking Programme are key partners, along with the anti-
trafficking focal points in field operations.
With its comprehensive and cross-dimensional approach to combating
human trafficking, the OSCE has a solid track record of utilizing and
building upon the substantial work carried out by its various bodies
when dealing with the problem. My Office and these partners join
efforts to support participating States in their anti-trafficking work,
and are committed to operating in a coherent and complementary manner
on the basis of their respective institutional mandates with the common
purpose of promoting the implementation of OSCE commitments at the
national level. Through regular exchanges and consultations, the bodies
keep each other informed, identify issues of concern and common
priorities, set agendas, and maximize the use of limited resources by
acknowledging and building on internal institutional resources of
expertise when possible. Regular exchanges help share experiences and
lessons learned, sum up and capitalize on on-going efforts, and
strengthen the Organization's institutional memory and expertise.
Co-ordination and co-operation are therefore on-going processes
that take various forms, including: co-ordination meetings of
structures in the Secretariat, where possible with the participation of
the ODIHR; annual meetings of all OSCE bodies (for example, Anti-
Trafficking Focal Points meetings hosted by my Office and/or the ODIHR,
annual Heads of Mission meetings); bilateral meetings between heads of
unit; and, at working level, continuous regular exchange of
information, joint planning of activities, and joint development of
documents and assistance to participating States, where appropriate.
2.4 Events and Publications
Occasional Papers and Annual Reports are an essential tool in the
fight against human trafficking, providing valuable background
information as well as policy tools for decision makers and
practitioners dealing with the issue on the ground. During my time in
Office, my Office has produced a number of reports and papers to assist
practitioners, legislators and others. Because the Alliance conferences
have been such an important forum for ground-breaking research, they
have often set the agenda for new publications from my Office.
The 2010 Alliance Conference was inspired by the first Occasional
Paper I published, Unprotected Work, Invisible Exploitation:
Trafficking for the Purpose of Domestic Servitude. \14\ This issue has
not been adequately addressed so far at the international level and
across the OSCE area. The Conference highlighted that the vulnerability
of the workers, mainly women and girls, derives from the fact that
domestic work is usually under-regulated, under-protected and
undervalued. The adoption of the International Labour Organization
(ILO) Convention on Decent Work for Domestic Workers \15\ is an
important step in the right direction in guaranteeing workers' rights
and preventing domestic servitude.
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\14\ Organization for Security and Co-operation in Europe,
Unprotected Work, Invisible Exploitation: Trafficking for the Purpose
of Domestic Servitude (Vienna, 2010), http://www.osce.org/cthb/75804,
accessed 1 September 2013.
\15\ International Labour Organization, The Convention Concerning
Decent Work for Domestic Workers (Geneva 2011), http://www.ilo.org/
brussels/WCMS_157836/lang--en/index.htm, accessed 1 September 2013.
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Domestic servitude must be detected and prosecuted. Adequate
punishments are critical, including the possibility for victims to
achieve compensation, and for the prosecution to reach not only the
final exploiter but the whole supply chain of recruitment and placement
companies.
The OSCE is part of the diplomatic community, and we are ready to
take action to prevent domestic servitude in diplomatic households, for
example by advocating to set up specific procedures and guarantees so
that domestic workers who work for members of the diplomatic corps or
international organizations are fully informed about their rights,
available support, and importantly, remain in possession of their
travel and identity documents.
The series of seminars to enhance the prevention of trafficking in
human beings for domestic servitude in diplomatic households I
mentioned earlier are an important part of these efforts, and the
Occasional Paper is used as a key reference work, which was translated
also into French and Russian.
A second publication, Analysing the Business Model of Trafficking
in Human Beings to Better Prevent the Crime, \16\ implemented as part
of the UN.GIFT Expert Group Initiative, is an exploratory research
aimed at understanding what makes trafficking in human beings
profitable, considering the demand, costs, risks, revenues, and profit
margins and--consequently--to remove a powerful incentive and disrupt
the trade. In order to accomplish this goal, the project focused on
trafficking at both the individual level, explaining decisions
individuals take while conducting a cost-benefit analysis and
justifying their actions, and at the organizational level. For the
latter, the study focused on a comprehensive description of the
economic and social organization of human trafficking, its modus
operandi, aspects of its business model, the ways in which it
interfaces with other criminal enterprises, other types of crimes and
the nexus between human trafficking and legal enterprises and
professionals (in other words, the environments conducive to organized
criminal activity).
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\16\ Organization for Security and Co-operation in Europe,
Analysing the Business Model of Trafficking in Human Beings to Better
Prevent the Crime (Vienna, May 2010), http://www.osce.org/cthb/
69028?download=true, accessed 3 September 2013.
---------------------------------------------------------------------------
The area least explored and understood in the trafficking process
is the profit generated by trafficking and the financial investments of
traffickers. It is not clear how exactly profits are re-invested to
increase the trafficking business, to what extent the profit is spent
in maintaining a luxurious lifestyle (the latter was more prevalent in
the cases included in this study where this information was available)
or how and where the profit is invested in legitimate businesses in the
trafficker's home country--or a combination of any of these. It remains
one of the most important aspects in controlling trafficking as the
seizure of assets of traffickers and trafficking profits will increase
the cost to traffickers. Corrupt government officials and legitimate
actors facilitate trafficking in human beings and protect traffickers.
Their role must be examined in terms of their involvement and the
degree to which they can be held accountable in trafficking
prosecutions.
A number of policy measures were introduced in this research. These
must be undertaken if governments are to be successful at combating
trafficking and protecting victims. It is essential to raise awareness
among the general population as well as other allies such as private
industry. A comprehensive approach must address the supply and demand
side of human trafficking, increase the cost and risk to traffickers
while reducing the profits generated as a result of this crime.
Finally, victim protection and upholding the rights of victims should
be at the centre of any investigation.
``Preventing Trafficking in Human Beings for Labour Exploitation:
Decent Work and Social Justice'', was the subject of our 2011 Alliance
conference, leading to the publication of An Agenda for Prevention:
Trafficking for Labour Exploitation \17\ together with our 2011 Annual
Report. The paper identifies a set of concrete and feasible measures,
to be implemented both in countries of origin and destination to
prevent trafficking for labour exploitation. Such measures could form
an integral part of the political agenda of governments, parliaments,
governing judicial bodies, the private sector, and civil society
organizations. I have advocated for their adoption during country
visits and on the occasion of meetings with government authorities of
the OSCE participating States.
---------------------------------------------------------------------------
\17\ Organization for Security and Co-operation in Europe, An
Agenda for Prevention: Trafficking for Labour Exploitation (Vienna,
2011), http://www.osce.org/cthb/86293, accessed 1 September 2013.
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People seeking a better job and finding themselves in a situation
of social vulnerability and trafficking--be they irregular/regular
migrants or people who are vulnerable for different reasons such as age
or disability or discrimination--should be seen first and foremost as
workers. They would not fall prey so easily to traffickers if they were
granted a decent salary and decent working and life conditions. They
are not only men but also women, looking for better opportunities
abroad to support their families and ensure education and health care
for their children. They are children trying to reach a country where
they hope to find a gainful job and subsequently reunite their family.
Irrespective of their migration status, they should be considered
rights holders as workers whose rights must be protected and promoted.
Furthermore, it is necessary to address not only immediate factors
which cause or facilitate trafficking but a larger spectrum of
exploitation, involving especially migrant workers. To this end, it is
necessary to put in place tailored measures to respond to the different
needs of workers, aimed at reducing their vulnerability to trafficking.
In this light, trafficking should be considered as a severe form of
exploitation of workers in a position of vulnerability, by debt bondage
or threats or multiple dependency or psychological constraint.
In 2011, I also organized an ``Alliance Expert Seminar on
Leveraging Anti-Money Laundering Regimes to Combat Human Trafficking'',
bringing together leading experts from the fields of law enforcement,
international finance and human trafficking to discuss this issue.
Investigative information shows a vast phenomenon of reinvestment of
the proceeds of trafficking, especially in countries of origin. Money
laundering is generally considered one of the common denominators of
organized crime and the necessary interface between licit and illicit
markets. Through money laundering, the proceeds of any illegal
activities including trafficking in human beings are conveyed to the
legitimate economic sector for business investments.
The expertise shared at the seminar and subsequent research will
allow us to publish our forthcoming Occasional Paper on Leveraging
Anti-Money Laundering Regimes to Combat Trafficking in Human Beings. It
provides an overview of human trafficking and anti-money laundering
regimes and how they can interact, describing key issues and challenges
for leveraging anti-money laundering regimes to combat trafficking as
well as identifying existing good practices, tools, and resources to
address the financial and business aspects of trafficking, and provides
recommendations to relevant government agencies, NGOs, banks and
businesses. In addition, the report includes several case studies of
human trafficking and migrant smuggling that highlight existing
challenges and practices, as well as a list of possible financial
indicators of human trafficking activity.
Our findings suggest that trafficking in human beings and money
laundering share several important interfaces, and that efforts to
combat trafficking could be significantly enhanced through increased
and improved use of the already-available detection, investigation, co-
operation, and confiscation tools that are a part of anti-money
laundering regimes. By increasing co-operation between agencies,
institutions, and professionals that focus on trafficking in human
beings and money laundering and facilitating the sharing of expertise
and information, national authorities can significantly improve their
capacity to identify and explore new information sources and
investigative techniques to target and confiscate the criminal proceeds
that drive the business of trafficking in human beings.
However, there is currently a significant disconnect between anti-
trafficking and anti-money laundering efforts in most jurisdictions,
and significant need for more effective use of key anti-money
laundering elements such as financial investigations of human
trafficking cases, identification and analysis of trafficking-related
suspicious transaction reports, and effective inter-agency co-operation
between financial intelligence units and law enforcement agencies. The
national legal framework to facilitate effective and timely
identification, reporting, and response to suspicious financial
activity related to trafficking is lacking in many jurisdictions and
there is a shortage of financial expertise in law enforcement agencies.
International co-operation on financial and other aspects of human
trafficking is often slow and limited.
The report lays out existing good anti-money laundering practices,
tools, and resources to combat human trafficking, as well as relevant
cases studies, that were identified by practitioners. These practices,
tools, and resources include secure platforms for international
information sharing on trafficking and money laundering-related issues
between law enforcement agencies and between financial intelligence
units, useful legal tools and typologies by international
organizations, investigation, co-operation, and enforcement procedures
by law enforcement and prosecution agencies, and advanced detection and
analysis methods of financial institutions to identify and report
suspicious human trafficking activity.
The 12th Alliance conference ``An Agenda for Prevention: Non-
Discrimination and Empowerment,'' inspired my Office to produce a paper
looking at discrimination as both a root cause and a consequence of
human trafficking. The conference paved the way to better identify
linkages between trafficking in human beings and various aspects of
discrimination, and to explore how anti-trafficking and anti-
discrimination measures can enhance each other.
The document presents main issues and challenges discussed during
the conference, by also highlighting and further exploring some of
them. It also provides a short overview of the legal framework of the
non-discrimination principle underscoring its correlations with the
anti-trafficking principle. Definitions of the main forms of
discrimination are provided to ensure a common understanding of the
concepts employed throughout the document. The paper presents a set of
recommendations aimed at improving legislation, policies and practices
addressing multiple and intersectional discrimination and trafficking,
and their correlations.
I have also issued several noteworthy papers this year. The first,
Policy and legislative recommendations towards the effective
implementation of the non-punishment provision with regard to victims
of trafficking,\18\ provides specific legislation and policy guidance
on the non-punishment principle, making it easier to implement this
difficult concept in practice. The non-punishment principle has been
solemnly affirmed in OSCE commitments since 2000 and it has become a
legally binding obligation for all those OSCE participating States who
are parties to the Council of Europe Convention on Action against
Trafficking in Human Beings and/or are members of the EU.
---------------------------------------------------------------------------
\18\ Organization for Security and Co-operation in Europe, Policy
and legislative recommendations towards the effective implementation of
the non-punishment provision with regard to victims of trafficking
(Vienna, 2013), http://www.osce.org/cthb/101002, accessed 2 September
2013.
---------------------------------------------------------------------------
However, evidence to date confirms that victims of trafficking in
human beings are routinely punished (through administrative detention
and the imposition of fines amongst other means) and prosecuted
throughout the OSCE region for crimes which were committed as a direct
consequence of their trafficking, such as for immigration offences, the
use of false documents and drug cultivation. This current situation
represents a very stark violation of the human rights of victims and
frankly speaking, one of the most appalling injustices.
It is well established that victims of trafficking in human beings
stem from the most vulnerable sectors of society; victims are
frequently discriminated against, experience socio-economic
marginalization, are exploited, without social protection. That these
same persons should be tried for crimes committed while in a state of
exploitation only serves to lengthen their ordeal and in many cases to
threaten their personal safety and liberty as well as to gravely
diminish their future prospects of rehabilitation and social inclusion.
The starting premise of all efforts to combat human trafficking must be
the full protection of the human rights and dignity of victims.
Torture is another aspect of human trafficking that has received
very little attention. In order to raise awareness of this terrible
human rights violation, we issued the Occasional Paper Trafficking in
Human Beings Amounting to Torture and other Forms of Ill-treatment.\19\
It is the first time, and hopefully not the last, that we developed and
issued a research paper in partnership with other institutions, to
study both the clinical and legal aspects of this problem. I am very
proud that with the Ludwig Boltzmann Institute of Human Rights (BIM),
and the Helen Bamber Foundation we were able to partner with two
institutions of long-standing expertise and excellence on such an
important topic. I see it as my responsibility to ensure that
trafficking in human beings is understood in all its complexity, and to
deepen this understanding by demonstrating how it is connected to other
human rights violations, including torture and other forms of ill-
treatment. In particular, it is my duty to denounce and condemn the
practice of torture as a method used by traffickers to subjugate,
control and exploit victims of trafficking in all its forms.
---------------------------------------------------------------------------
\19\ Organization for Security and Co-operation in Europe,
Trafficking in Human Beings Amounting to Torture and other Forms of
Ill-treatment (Vienna, June 2013), http://www.osce.org/cthb/103085,
accessed 2 September 2013.
---------------------------------------------------------------------------
This research shows indeed very well the extent to which
trafficking in human beings is associated with violence and human
suffering, such that we can compare it and even consider it to be a
form of torture. This association clearly indicates that THB is not
only a violation of human rights, is not only a crime, it is also
something whose existence is unbearable, against which it is necessary
to mobilize moral resources, as in the case of historical slavery. It
also suggests, in my view, new criteria to enhance political will
against both trafficking and torture, and new means to provide victims
with additional protection such as reparation which includes not only
compensation but also rehabilitation and satisfaction.
I am convinced that the findings of this paper will provide
important guidance to state actors, civil society and the international
community, to contribute to the improvement of relevant policy and
practice, and critically to afford justice to victims of human
trafficking. I look forward to continuing to work closely with
governments, parliaments, law enforcement, the judiciary, the medical
profession, civil society, academics, and international organizations
to prevent and combat trafficking through an approach rooted in the
rule of law and human rights.
The role of human trafficking in the global organ trade is another
area that has received little attention in the past. For this reason, I
issued our Sixth Occasional Paper, Trafficking in Human Beings for the
Purpose of Organ Removal in the OSCE Region: Analysis and Findings.\20\
To the best of our knowledge, this is the first research paper based on
an analysis of available case studies in the OSCE region.
---------------------------------------------------------------------------
\20\ Organization for Security and Co-operation in Europe,
Trafficking in Human Beings for the Purpose of Organ Removal in the
OSCE Region: Analysis and Findings (Vienna, June 2013), http://
www.osce.org/cthb/103393, accessed 2 September 2013.
---------------------------------------------------------------------------
Trafficking for the purpose of organ removal is included in the
United Nations Palermo Protocol on Trafficking of 2000 in its
definition of trafficking in Article 3, but in fact this form of
trafficking remains one of the most unknown and least addressed. In
recent years however, we have seen an increase in attention to the
subject, in part due to several high profile cases within the OSCE
region, as well as due to the long-standing efforts of investigative
journalists, academics and victim advocates who have gone to great
lengths to shed light on this phenomenon.
Like all other forms of trafficking, it is a violation of the
fundamental human rights and dignity of individuals, while also clearly
representing a grave form of transnational organized crime. Our
findings thus far confirm that very many countries are affected or
involved in this form of trafficking in one of a myriad of possible
ways, including as: countries of origin for victims, so-called brokers,
traffickers, organizers, facilitators, and organ recipients, and/or as
sites of transplant centres, clinics, or hosts of medical professionals
such as anaesthetists, surgeons, nurses, nephrologists.
Taking into consideration all of these different roles, I can
report to you that over a third of the OSCE region has been affected or
involved in some way in this form of trafficking. Our research findings
confirm a trend that we see across the board in all cases of
trafficking, that is, that there is an apparent shift in the modus
operandi of traffickers away from hierarchical structures towards
loosely structured but highly competitive networks. A further feature
of this evolving modus operandi is a highly specialized division of
labour.
Persons trafficked for organ removal also face particular
challenges, both during and after the organ removal, and hence we have
devoted a special chapter to these issues. Victims are reported to
receive small amounts of money, and in some cases, no payment at all.
They are often unaware of the long-term and debilitating medical
consequences of organ removal and lack of post-operative care as well
as the psychological impact of the operation. Victims report strong
feelings of shame and social stigmatization within their communities,
which may contribute to a lack of access to medical and psychological
care. Victims should thus receive compensation for the full impact of
the crimes, including not only the immediate and chronic health
consequences, but also the effects on their psychological well-being,
as well as on their financial situation, or impacts on their livelihood
and social integration.
Another issue which I would like to call attention to is the link
between trafficking for organ removal and corruption. We know that
corruption is an important factor in all forms of trafficking. This is
perhaps even more pronounced in cases of trafficking for organ removal
because of the important role of ``white collar criminals''--here I am
referring to the administrators, medical professionals and in some
cases, official representatives whose contribution to the criminality
is often essential in terms of accessing the certification, approval
and medical equipment necessary to set up a transplant clinic. Thus I
would say that the role of corruption is decisive in these cases.
In February, I held a seminar in Rome on ``Co-operation to Prevent
Trafficking in Human Beings in the Mediterranean Region'', focusing on
human trafficking from the southern rim of the Mediterranean to Europe,
with a particular focus on labour exploitation.
The insightful presentations and discussions at this high-level
event have allowed us to produce our forthcoming paper on Enhancing Co-
operation to Prevent Trafficking in Human Beings in the Mediterranean
Region.
Progressive tightening of migration policies in the northern rim of
the Mediterranean, as well as the political instability in the southern
rim, particularly in the aftermath of the so-called ``Arab Springs'',
have fuelled the migration scenario in the region by increasing
irregular flows of persons, especially from Tunisia and Egypt, in
search for better living and working opportunities as well as
international protection in the European Union.
While issues relating to mixed migration flows \21\ in the
Mediterranean Region have usually been considered in the framework of
smuggling of migrants, recent research and investigations demonstrate
that a strong linkage exists between migration processes and subsequent
exploitation, both in intraregional migration flows as well as towards
the northern rim of the Mediterranean. The stories of the victims
provide evidence that migrants--men, women and children--including
those entitled to international protection, find themselves in a
situation of serious social and economic vulnerability, and often end
up being obliged to work in extreme exploitative conditions,
particularly in some sectors that are more prone to labour
exploitation, such as agriculture, construction and domestic work.
---------------------------------------------------------------------------
\21\ ``A movement in which a number of persons are travelling
together, generally in an irregular manner, using the same routes and
means of transport, but for different reasons. Persons travelling as
part of mixed movements have varying needs and profiles and may include
asylum-seekers, refugees, trafficked persons, unaccompanied/separated
children, and migrants in an irregular situation.'' Also referred to as
mixed movements or mixed migration. Source: UNHCR, Refugee Protection
and Mixed Migration. The 10-Point Plan in Action, Geneva, 2012, p. 291.
---------------------------------------------------------------------------
Our 2013 Alliance conference, ``Stolen Lives, Stolen Money: The
Price of Modern-Day Slavery'' shed light on a range of financial,
social and legal factors surrounding the ongoing debate on
globalization, migration, inequality and trafficking.
The conference explored the nexus between trafficking in human
beings and salient aspects of the current debate on globalization,
including the interconnection between human trafficking and
inequalities, importantly those linked with migration, as well as the
increasing use of unpaid work to foster the illicit accumulation of
wealth, which is at the core of contemporary slavery.
The conference also highlighted the economic, social and political
costs of modern-day slavery both in terms of the violation of human
rights and dignity of trafficked persons, and in terms of disruption of
healthy and legitimate businesses, massive tax evasion, corruption, and
erosion of the rule of law. It explored how the approach of global
justice can contribute to defining a comprehensive strategy to tackle
trafficking in human beings as an increasingly structural component of
our societies and economies, to promote the rule of law and a fairer
distribution of resources at the national and international levels, and
to identify a range of actions aimed at ensuring legal and economic
empowerment, restitution, and compensation to trafficked and exploited
persons.
The publications and events I have just described illustrate how I
have worked to promote a different perception of trafficking in human
beings, highlighting the areas of domestic servitude, the trafficking
business model, labour exploitation, non-discrimination and
empowerment, the non-punishment provision with regard to victims of
trafficking, trafficking amounting to torture and other forms of ill-
treatment, and trafficking for the purpose of organ removal. These
documents also show how contemporary human trafficking has evolved into
a phenomenon with so many dimensions where humans were treated like
commodities in a cruel and degrading way. Often, such cases were hidden
for a long time before being disclosed.
3. Legacy
3.1 Second wave of anti-trafficking action
Now I would like to turn to the future, and what I have termed the
new wave of anti-trafficking action which has a broader scope, is more
fair and embraces an intersectional approach which places trafficking
in a much wider socio-economic, cultural and political context. ``If
during the `first wave' --started in the 1990s--the main concern was to
distinguish trafficking from other related phenomena, such as
smuggling, irregular migration or prostitution, today it is crucial to
take into account the multiple forms of trafficking along with a broad
range of related policies, from labour markets to migration and anti-
discrimination policies.'' \22\
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\22\ Organization for Security and Co-operation in Europe,
Combating Trafficking as Modern-Day Slavery: A Matter of Non-
Discrimination and Empowerment (Vienna, 30 November 2012), http://
www.osce.org/cthb/98249, accessed 4 September 2013.
---------------------------------------------------------------------------
This is a crucial and innovative shift, which is directed to
unravelling the multiple linkages between trafficking and cross-cutting
policies, especially in the field of migration, labour market
regulations and labour rights, discrimination and child protection.
This is essential to develop policies, which address those structural
socio-economic factors that underpin exploitation and trafficking.
These factors include the neoliberal policies that appear to have
contributed to more poverty, more ``necessity-induced (international)
migration and exploitative working practices'' \23\ and to the widening
divide between the haves and the have nots. These factors also include
issues of race, nationality and citizenship and their related legal
frameworks, which may produce legally constructed dependencies and
vulnerabilities. For example, restrictive immigration policies and
citizenship laws can generate inequalities and discrimination
especially of migrants and ethnic minorities, hence rendering these
groups more vulnerable to abuse and exploitation. \24\
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\23\ Neil Howard, `It's easier if we stop them moving'. A critical
analysis of anti-child trafficking discourse, policy and practice--The
case of Southern Benin (December 2012), http://chd.sagepub.com/content/
19/4/554, accessed 4 September 2013.
\24\ Organization for Security and Co-operation in Europe,
Combating Trafficking as Modern-Day Slavery: A Matter of Non-
Discrimination and Empowerment (Vienna, 30 November 2012), http://
www.osce.org/cthb/98249, accessed 4 September 2013.
---------------------------------------------------------------------------
This policy shift requires states to review relevant policies and
legislation to recognize the unintended impact of certain policies, to
develop more nuanced responses which acknowledge the complexity (and
ambiguities) of people's lived realities of exploitation and
trafficking, and which contribute to building and strengthening
coherence with the goal of tackling exploitation and human trafficking.
This also needs planning and co-ordination across various sectors of
government and with key external stakeholders (e.g. civil society,
private sector, international development organizations etc.) in order
to design multi-packaged interventions, which act upon multiple
structural contextual factors with a combination of measures. For
example, it may be necessary to design economic policies targeting the
informal and black economy, policies which are tailored to the economic
sector and to the logics of production and marketing within that
sector; as well as targeted policies to promote local development,
legality and tolerance; these efforts should also include measures for
legal counselling services for migrants, capacity building of outreach
for rights awareness and basic health care, employment schemes
targeting vulnerable groups etc. In other words, this means
multidisciplinary policies, mainstreaming and complementing measures
aimed at the prevention of exploitation and trafficking in other policy
areas with a view to mitigating risk factors by strengthening the
general protection of the law for vulnerable and marginalized groups.
In conclusion, the challenges we face are related to the magnitude
of trafficking in human beings as modern-day slavery, and a component
of illegal markets generated by organized crime. This situation
requires a proactive approach, aimed at detecting emerging threats for
security at the global and regional level.
Our common commitment should be to acknowledge that slavery still
exists more than 150 years after your US President Abraham Lincoln
issued the Emancipation Proclamation, and consequently to free the
slaves. This means empowering trafficked persons and supporting them in
their aspiration to take their lives and their destinies into their own
hands.
Today we know much more about the profile of traffickers, about the
vulnerability of their victims and modus operandi of recruitment into
slavery through fraud and deception, about billions of dollars of
illicit profits and money laundering, about multiple sectors prone to
exploitation, permanently changing routes, and numerous indicators
helping to identify cases than we did in 2003 when the Action Plan was
issued. Today we can say that we are proud of the Plan: its impact on
capacity building in the OSCE region was crucial, and its
recommendations were successfully applied in the vast majority of OSCE
participating States, who replicated it, in accordance with the
national context, in their National Action Plans and anti-
trafficking programmes.
But no, we cannot feel satisfied because trafficking networks are
never static, they develop new sophisticated tools to enslave men,
women and children, to allow illegal money to enrich criminal networks
through investment into legal economies that threaten the economic
security of the participating States. They adapt their modus operandi
to the changes in our legislation or in our migration policies. They
follow the demand of the market and are on hand to provide the labour
force where it is needed most urgently. And from the data we have, we
can say that we, together, have to start a new chapter in addressing
this global scourge.
Finally, I would like to thank you again, the leadership and staff
of the U.S. Helsinki Commission, for holding this important hearing,
for your kind invitation to testify before you today, and for your
dedication to this challenging issue.
[all]
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