[Senate Hearing 115-816]
[From the U.S. Government Publishing Office]
S. Hrg. 115-816
THE GLOBAL FIGHT TO END MODERN SLAVERY
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON FOREIGN RELATIONS
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
NOVEMBER 28, 2018
__________
Printed for the use of the Committee on Foreign Relations
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web:
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U.S. GOVERNMENT PUBLISHING OFFICE
40-475 PDF WASHINGTON : 2020
COMMITTEE ON FOREIGN RELATIONS
BOB CORKER, Tennessee, Chairman
JAMES E. RISCH, Idaho ROBERT MENENDEZ, New Jersey
MARCO RUBIO, Florida BENJAMIN L. CARDIN, Maryland
RON JOHNSON, Wisconsin JEANNE SHAHEEN, New Hampshire
JEFF FLAKE, Arizona CHRISTOPHER A. COONS, Delaware
CORY GARDNER, Colorado TOM UDALL, New Mexico
TODD YOUNG, Indiana CHRISTOPHER MURPHY, Connecticut
JOHN BARRASSO, Wyoming TIM KAINE, Virginia
JOHNNY ISAKSON, Georgia EDWARD J. MARKEY, Massachusetts
ROB PORTMAN, Ohio JEFF MERKLEY, Oregon
RAND PAUL, Kentucky CORY A. BOOKER, New Jersey
Todd Womack, Staff Director
Jessica Lewis, Democratic Staff Director
John Dutton, Chief Clerk
(ii)
C O N T E N T S
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Page
Corker, Hon. Bob, U.S. Senator From Tennessee.................... 1
Menendez, Hon. Robert, U.S. Senator From New Jersey.............. 2
Prepared statement........................................... 3
Richmond, Hon. John Cotton, Ambassador-at-Large, Office to
Monitor and Combat Trafficking, U.S. Department of State,
Washington, DC................................................. 4
Prepared statement........................................... 6
Grant, Natalie, Co-Founder, Hope for Justice, Nashville,
Tennessee...................................................... 19
Bader-Blau, Shawna, Executive Director, Solidarity Center,
Washington, DC................................................. 21
Prepared statement........................................... 23
Additional Material Submitted for the Record
Responses of Ambassador John Cotton Richmond to Questions
Submitted by Senator Robert Menendez........................... 37
(iii)
THE GLOBAL FIGHT TO END MODERN SLAVERY
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WEDNESDAY, NOVEMBER 28, 2018
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
The committee met, pursuant to notice, at 9:33 a.m., in
room SD-419, Dirksen Senate Office Building, Hon. Bob Corker,
chairman of the committee, presiding.
Present: Senators Corker [presiding], Menendez, Risch,
Cardin, Shaheen, Coons, Flake, Gardner, Young, Udall, Kaine,
and Markey.
OPENING STATEMENT OF HON. BOB CORKER,
U.S. SENATOR FROM TENNESSEE
The Chairman. The Foreign Relations Committee will come to
order. Today we will once again shine a light on the global
fight to end modern slavery. This could be my last legislative
hearing as chairman, and of all the work that we have done
together on this committee, the fight against modern slavery
stands out.
I am proud that Senator Menendez and I worked to pass
legislation with the entire committee, establishing the global
fund to end modern slavery that has finally launched a truly
global effort to end it, with major contributions from the
United States, the United Kingdom, and now private donors and
others. I will say that amount has now reached over $110
million in a global public-private partnership, something that
I think this committee and our country should be very proud of.
All of the senators on this committee have helped to lead
this work, and we are hopeful that what we have done will make
a big difference in the lives of so many people who suffer in
bondage throughout the world.
As I turn the gavel over to my successor here in the next
few weeks, I only ask that you all continue to carry on this
fight with us and those who are appearing before us today on
this committee. And I know John is very committed to this
effort, and has been involved personally for many, many years
in this same effort.
Our time this morning will be short. We have another
commitment at 11:00. I know that Senator Menendez and I both
want to be there before it begins for many reasons. And so we
probably will cut this hearing a little bit short to make sure
that occurs.
We have two distinguished panels. We welcome first
Ambassador John Richmond, who was just sworn in by Secretary
Pompeo as the new ambassador-at-large to monitor and combat
trafficking in persons. Again, we thank you for your commitment
to this effort for a lifetime, and what you are bringing to
this office.
We are thankful for the important role you will play in
continuing U.S. leadership to eliminate slavery wherever it is
occurring around the world.
Our second panel, we are pleased to welcome Natalie Grant
and Shawna Bader-Blau. As one of our state's most talented
singer/songwriters, Natalie needs no introduction, except to
say that as part of her personal calling she has been a
tireless leader in the battle against modern slavery.
Shawna equally has been a powerful voice for workers'
rights, and in the movement to end all forms of modern slavery,
especially forced labor. Welcome back, Shawna.
With that, I ask Senator Menendez, my friend, if he wishes
to offer any opening comment.
STATEMENT OF HON. ROBERT MENENDEZ,
U.S. SENATOR FROM NEW JERSEY
Senator Menendez. I do, Mr. Chairman. Thank you very much,
Mr. Chairman.
Mr. Chairman, since I believe this will be your last
hearing, let me thank you for your dedication to this issue. I
believe it is a legacy item for you, and fitting and
appropriate. I think all of us on the committee recognize that
without your clarity of vision about confronting the--that is
modern slavery, it would never have received the amount of
attention it truly deserves, both in this body, and I believe
as a policy initiative of the State Department.
You have been a great partner on this issue. Your
leadership will be sorely missed, but we will try to keep the
flame burning, as I----
The Chairman. I have no doubt you will keep a flame
burning.
[Laughter.]
Senator Menendez. Hopefully, it will not torch anything
along the way.
[Laughter.]
Senator Menendez. Okay. This is one of the reasons I am
going to miss you.
Human trafficking in the form of sexual exploitation,
forced labor, and forced marriage, is a moral stain on our
collective conscious, and one of the greatest challenges of our
time. The International Labor Organization estimates that as of
2016 over 40 million people were victims of human trafficking
around the world, 10 million of whom were children. Despite
efforts by the United States, and steadfast and dedicated
individuals and organizations exploitation of the less powerful
continues.
Forty percent of these victims were subjected to forced
labor in the private sector, coerced or threatened into making
electronics, clothing, and food that are traded across borders,
and end up on store shelves across our country.
An additional 4 million trafficking victims were forced to
work by their governments, governments that should be
protecting and empowering the most vulnerable members of
society, instead of exploiting their sweat and toil.
It is estimated that forced labor alone generates over $150
billion in profits annually, making it the second largest
income source for international criminals, next to the drug
trade. Sadly, it still remains far too profitable for
traffickers to trap innocent people striving for a better life
in labor or sexual exploitation.
Ending modern slavery demands a multifaceted thoughtful
response from businesses, foreign governments, and civil
society. Ending modern slavery also requires strategic policies
from this administration, rather than policies that effectively
provide opportunities for traffickers.
President Trump's unconscionable immigration policies,
separating children and parents, forcing undocumented workers
underground, making victims of violence fearful of law
enforcement officials, are putting people at greater risk for
abuse, forced labor, and human trafficking.
Many trafficking victims fear that they may be at risk for
deportation, even if they are working legally in the United
States, are now too frightened to call the police, report labor
abuses, or sexual assault, other authorities. Calls to the
National Human Trafficking Hotline have fallen.
So these are just some of the issues I look forward to
discussing with Ambassador Richmond. I ask that in the interest
of time my full statement be included in the record, Mr.
Chairman.
[The prepared statement of Senator Menendez follows:]
Prepared Statement of Senator Robert Menendez
I want to thank the Chairman for calling this hearing and for his
unending dedication to this important issue. Human trafficking--in the
form of sexual exploitation, forced labor, and forced marriage--is a
moral stain on our collective conscious and one of the greatest
challenges of our time.
The International Labor Organization estimates that as of 2016,
over 40 million people were victims of human trafficking around the
world--10 million of whom--were children.
Despite efforts by the United States and steadfast and dedicated
individuals and organizations, exploitation of the less powerful
continues.
Forty percent of these victims were subjected to forced labor in
the private sector--coerced or threatened into making the electronics,
clothing, and food that are traded across borders and end up on store
shelves across our country.
An additional 4 million trafficking victims were forced to work by
their governments--governments that should be protecting and empowering
the most vulnerable members of society instead of exploiting their
sweat and toil.
It is estimated that forced labor alone generates over 150 billion
dollars in profits annually . . . making it the second largest income
source for international criminals next to the drug trade. Sadly, it
still remains far too profitable for traffickers to trap innocent
people striving for a better life in labor or sexual exploitation.
Ending modern slavery demands a multi-faceted, thoughtful response
from businesses, foreign governments, and civil society. Ending modern
slavery also requires strategic policies from this administration,
rather than policies that effectively provide opportunities for
traffickers.
President Trump's unconscionable immigration policies--separating
children and parents . . . forcing undocumented workers underground . .
. making victims of violence fearful of law enforcement officers. . . .
are putting people at greater risk for abuse, forced labor, and human
trafficking.
Many trafficking victims who fear they may be at risk for
deportation, even if they are working legally in the U.S., are now too
frightened to call the police, or report labor abuses or sexual assault
to other authorities. Calls to the National Human Trafficking Hotline
have fallen.
The Trump administration's policy on Notices to Appear (NTAs), has
made applying for a T-visas too risky for even trafficking victims. We
also know from experts that trafficking victims are far less willing to
report to law enforcement, terrified by the administration's anti-
immigrant rhetoric. Sadly, these policies diminish the United States
and our legal system as exemplars of effectively confronting
trafficking around the world.
Ambassador Richmond, we discussed the NTA issue at your
confirmation hearing. I look forward to hearing from you today what you
have done--or will do--and soon--to address this administration policy
that is driving victims of human trafficking further underground. This
new policy threatens to undo nearly two decades of anti-trafficking
progress in our country.
In confronting global human trafficking, the Trump administration
has walked away from a number of vital global commitments,
institutions, and initiatives that provide opportunities to effectively
counter modern slavery. For example, the Trump administration announced
in December 2017 that the U.S. would withdraw from the U.N.-led Global
Compact for Safe, Orderly and Regular Migration. The non-binding
compact directly addressed ways in which governments can combat modern
slavery.
Ending modern slavery demands a multi-faceted response from
businesses, foreign governments, and civil society. But there are a few
things that we in Congress can do right now.
We must continue to insist that the State Department honestly
evaluate government action to combat human trafficking, and I thank the
Chairman for working with me to ensure that the rankings determined in
the Trafficking in Persons Report are based solely on the facts.
We have to hold businesses accountable when forced labor is
discovered in their supply chains. Earlier this month, an investigation
published by The Guardian revealed that electronics factories in
Malaysia still present signs of labor trafficking, years after these
abuses were first uncovered. We owe it to American workers and the
victims still toiling in slavery to eradicate abusive labor practices
and remove any incentives that encourage forced labor.
We have to be prepared to fight a new front on the war against
modern slavery taking place on social media. Last week, press reported
that the father of a 16 year-old South Sudanese girl used Facebook to
auction off his daughter as a child bride. Although the offending post
went live on October 25th, Facebook didn't take action until November
9th, by which time the girl had already been married. Social media
firms like Facebook need to be more forthcoming and proactive about
stopping trafficking on their platforms
Finally, but equally as important, we need to raise awareness--with
foreign governments, businesses, and the public at large--about the
pervasiveness of modern slavery.
This hearing helps raise that awareness . . . With that, I thank
the Chairman for calling it, and I thank him for his steadfast
commitment to this issue.
And, Mr. Chairman, since I believe this will be your last hearing,
let me again thank you for your dedication to this issue. I think we
all on the committee recognize that without your clarity of vision
about confronting the pure evil that is modern day slavery, it would
never have received the amount of attention it truly deserves. Both in
this body, and I believe, as a policy and mission of the State
Department.
You have been a truly great partner on this issue, and your
leadership will be sorely missed.
The Chairman. Without objection. And thank you so much.
Our first witness is Ambassador John Richmond, our newly
sworn-in head of the State Department Trafficking in Persons.
You have been introduced now about four times this morning.
Again, we thank you for your service, and if you will go ahead
with your testimony, we would appreciate it.
STATEMENT OF HON. JOHN COTTON RICHMOND, AMBASSADOR-AT-LARGE,
OFFICE TO MONITOR AND COMBAT TRAFFICKING, U.S. DEPARTMENT OF
STATE, WASHINGTON, DC
Ambassador Richmond. Thank you.
Chairman Corker, Ranking Member Menendez, members of the
committee, it is my pleasure to appear before you today. I have
a tremendous amount of respect for this committee and the work
you have done to shine a light on this important issue.
I would also like to thank the two witnesses that will
appear on the second panel for their contributions to this
movement.
I have only been in my new position for a little over a
month, but I am excited about the team at the State
Department's expertise, and I have hit the ground running. With
that, estimated 24.9 million people trapped in modern slavery
around the world today, one could feel paralyzed by the
enormity of the crime. But I think it is important to step back
and remember how far we have come.
The modern anti-trafficking movement launched globally just
18 years ago, with the passage of the Trafficking Victims
Protection Act, followed by the United Nations Palermo
Protocol. And as we approach the 20th anniversary, we must
recognize the tremendous successes that we have achieved so
far.
A hundred seventy-three nations have now ratified the
United Nations Palermo Protocol. Government statutes
criminalizing human trafficking have increased from just 33 in
2003, to 158 in 2016. Understanding has increased on the
importance of victim-centered and trauma-informed approaches,
and not punishing trafficking victims for the crimes their
traffickers require them to commit.
Finally, the anti-trafficking community itself has grown
exponentially. We now see new stakeholders taking action,
including survivor leaders, the private sector, investigative
journalists, and academics. And in part, due to these
achievements, understanding of the realities of trafficking
around the world continues to grow, and yet needs continue to
outpace the resources.
Traffickers rake in huge profits, while facing little risk
of being held accountable. We lack quality data on sector-
specific prevalence, and on the impact of the field's anti-
trafficking efforts. We lack sufficient global resources to
combat this crime. And in many places, governments still lack
the capacity and even the political will to combat trafficking
effectively.
One critical tool in eliminating these gaps is the
effective use of partnerships, known to be a force multiplier
in the anti-trafficking field. And the partnership I would like
to discuss in detail today is the Executive-Legislative
partnership to combat trafficking.
Bipartisan leadership in Congress has played an enormous
role in raising the profile of human trafficking, beginning
with the passage of the Trafficking Victims Protection Act. And
today, our most high-profile and significant programs owe their
existence to leaders in Congress who have the vision to see
real change.
Let me mention just a few. The Trafficking in Persons
report itself, mandated in the original Trafficking Victims
Protection Act in 2000, has become a symbol of United States
global leadership on trafficking. The recommendations outlined
in the report form the backbone of our year-round diplomatic
engagement.
And as I understand it, many in Congress use the
recommendations to inform their engagement with foreign
leaders. This alignment holds great potential for further
impact, and I look forward to working with this committee to
continuously refine the report's effectiveness as a diplomatic
tool.
The United States Advisory Council on human trafficking is
another congressionally created initiative that has become
integral to anti-trafficking work of the federal government.
The council is comprised of survivor leaders appointed by the
president, who provide input on federal anti-trafficking
policies and programs. And in my short time at the Department
of State, I have already met with the advisory council, and I
look forward to their next report.
Another instrumental program is the Child Protection
Compact partnerships. Due in large part to the efforts of
former Senator Barbara Boxer, this program represents a unique
foreign assistance and diplomatic tool that actually requires
foreign governments to invest in their own anti-trafficking
programs. And to date, the Trafficking in Persons Office has
used this program to form partnerships with four governments,
Ghana, Jamaica, Peru, and the Philippines, and they are showing
positive initial results.
And finally, thanks to the leadership of Chairman Corker
and the support of the members of this committee, and the
Appropriations Committee, and many others, the program to end
modern slavery has been funded with a total of $75 million to
date. And this groundbreaking public-private partnership seeks
to pair funding with a metrics-based approach, including
extensive monitoring and evaluation, with the goal of
measurably reducing the prevalence of human trafficking.
To date, 46 million has been awarded under this program to
the Global Fund to End Modern Slavery, and 4 million to the
University of Georgia's research foundation. One key component
of the program is leveraging additional resources, including 20
million pounds already contributed by the United Kingdom. If
executed well, the Program to End Modern Slavery could have a
massive measurable impact on this global crime.
And I mention these important initiatives, not just to
commend Congress, I mention them to--because they exemplify the
potential for progress when the Executive Branch works hand in
hand with the Legislative. We are hopeful that lawmakers will
continue to make this issue a priority, and to champion it, and
to make sure critical resources are available.
I also encourage members to travel, and when you travel to
raise the issue of trafficking in persons with your
counterparts in other governments. I would like to have an open
and regular dialog. In short, I want to be partners with you in
this fight, because I am confident that together, through a
sustained, focused, and strategic effort, we can stop
traffickers, care for survivors, and bring an end to systemic
human trafficking.
I look forward to your questions.
[The prepared statement of Ambassador Richmond follows:]
Prepared Statement of Ambassador Richmond
Chairman Corker, Ranking Member Menendez, Members of the Committee,
it is a pleasure to appear before you today to speak about the global
fight to stop human traffickers and end modern slavery. We in the anti-
trafficking community have tremendous respect for this Committee and
the work you have done to shine a light on the offence of human
trafficking, one of the most compelling human rights and criminal
justice issues of our time. I would also like to thank the two
witnesses you have invited to testify on the second panel for their
contributions to this movement. I am honored to share this platform
with them today. I have only been in my new position at the helm of the
State Department's Trafficking in Persons Office for a little over a
month, but I have to say I am excited by the team's enthusiasm and the
challenges ahead, and have hit the ground running.
With an estimated 24.9 million people trapped in modern slavery
around the world today, one could feel paralyzed by the enormity of
this crime and cynical about the chances for ending it. But, it is
important to remember how far we have come. The modern anti-trafficking
movement launched globally only 18 years ago with the adoption of the
U.N. Palermo Protocol and the enactment of the United States'
Trafficking Victims Protection Act (TVPA). As we approach this
movement's 20th anniversary, we must recognize the tremendous successes
it has achieved so far:
173 parties have ratified the Palermo Protocol.
The number of governments that have statutes criminalizing
human trafficking increased from 33 in 2003 to 158 in 2016.
Since 2009 human trafficking prosecutions globally have
increased 118% and convictions 166%.
International organizations and regional bodies are
developing international norms and policies, and providing technical
assistance to governments.
Understanding has sharply increased regarding the various
forms of human trafficking, as well as the importance of victim-
centered and trauma-informed approaches, and not punishing trafficking
victims for crimes their traffickers forced them to commit.
Human trafficking, once a stand-alone issue, is now being
integrated into other types of policy work, including national
security, human rights, violence against women, refugee protection, and
business responsibility.
And, the anti-trafficking community has grown
exponentially: we now see new stakeholders taking action including
survivor leaders, the private sector, investigative journalists,
filmmakers, and academics.
Understanding of the realities of human trafficking around the
world continues to grow due, in part, to these achievements, however,
needs outpace resources. Traffickers rake in huge profits while facing
little risk of the improved laws holding them accountable. Several
notable gaps make the challenging task of combating trafficking in
persons even more difficult.
Human trafficking is an incredibly difficult crime to measure and
many traffickers make it difficult to identify victims. We lack quality
data on sector-specific prevalence and on the impact of the field's
anti-trafficking efforts. We also lack sufficient global resources
dedicated to combating the crime. And, in many places, governments
still lack the capacity and even political will to combat trafficking
effectively.
One critical tool to eliminating these gaps is an effective use of
partnerships focused on achieving specific goals. Such partnerships
have shown to be a force multiplier in the antitrafficking field,
encouraging the sharing of best practices, leveraging the benefits of
comparative advantage, encouraging innovative solutions, and building
consensus and momentum.
One notable partnership I would like to discuss in detail today is
the executive-legislative partnership to combat trafficking.
Bipartisan leadership in Congress has played an enormous role in
raising the profile of human trafficking in the United States and
abroad, beginning with the passage of the Trafficking Victims
Protection Act and creation of the Trafficking in Persons Office in
2000. Today, our most high-profile and significant programs owe their
existence to leaders in Congress--from both sides of the aisle--who had
a vision to see real change. I am eager to work hand-in-hand with
Congress to implement these programs in my new role as Ambassador-at-
Large to Monitor and Combat Trafficking in Persons. Let me mention a
few here:
trafficking in persons report
Perhaps the most well-known of congressionally created anti-
trafficking tools is the annual Trafficking in Persons Report. Mandated
in the original TVPA, the report has become a symbol of U.S. global
leadership on human trafficking and is the gold standard around the
world for assessing government efforts to combat human trafficking
crimes. The recommendations outlined in the Trafficking in Persons
Report form the backbone of our year-round diplomatic engagement. And,
as I understand it, the recommendations are used by many in Congress to
inform their engagement with foreign governments on human trafficking.
This cooperation and alignment holds great potential for further
impact, and I look forward to working closely with this committee to
continuously refine the report's effectiveness as a diplomatic tool.
president's interagency task force
The original TVPA created the President's Interagency Task Force to
Monitor and Combat Trafficking in Persons in 2000. This Cabinet-level
task force now consists of 15 agencies across the U.S. government
responsible for coordinating efforts to combat trafficking in persons.
Using a multidisciplinary approach, the task force focuses on victim-
centered enforcement of criminal and labor law, development of trauma-
informed protection measures, support for innovations in research and
public awareness, and coordination of federal anti-trafficking programs
and procurement policies.
On October 11, 2018, the administration convened the latest meeting
of the PITF. President Trump's participation in the meeting, along with
Vice President Pence, Secretary Pompeo and several senior White House
officials, underscored the administration's commitment to combat this
crime, and Cabinet members demonstrated their commitment to continue to
chart a strong course forward.
u.s. advisory council on human trafficking
Established by Congress in 2015, the U.S. Advisory Council on Human
Trafficking is another congressionally-created initiative that has
become integral to the anti-trafficking work of the federal government
and serves as a model to other governments and NGOs alike. The Council
comprises survivor leaders appointed by the President who provide input
on federal antitrafficking policies and programs. As Ambassador, I have
already met with the Council and I look forward to their insights on
how to combat this crime.
Building on the lessons learned from the Council and from
Congress's leadership, Secretary Pompeo recently announced a
groundbreaking initiative for the State Department called the Human
Trafficking Expert Consultant Network. The Network will allow us to
meaningfully incorporate survivor input into our anti-trafficking work
while also compensating expert consultants for their time and
expertise.
child protection compact partnerships
A lesser known program that has become instrumental to the
Trafficking in Persons Office's anti-trafficking diplomacy and
programming over the years is the Child Protection Compact Partnership
program. Created in large part due to the efforts of former Senator
Barbara Boxer, the Child Protection Compact Partnerships represent a
unique foreign assistance and diplomatic tool. A partnership is a
multi-year plan, developed jointly by the United States and a foreign
government, that documents the commitment of the two governments aimed
at strengthening the country's efforts to prosecute and convict child
traffickers, to provide comprehensive trauma informed care for child
victims, and to prevent child trafficking in all its forms. These
Partnerships require foreign governments to make their own investments
in their anti-trafficking programs. To date, using foreign assistance
resources the TIP Office has used this unique tool to forge strong
partnerships with four governments--Ghana, Jamaica, Peru, and the
Philippines--that are showing positive initial results. I am committed
to continuing to strengthen this model of engagement.
program to end modern slavery
Last, but not least, I would like to talk about an initiative of
this Committee that I feel has huge potential to transform the battle
against modern slavery. Thanks to the leadership of Chairman Corker and
the support of the members of this Committee, the Appropriations
Committees, and others, the Program to End Modern Slavery has been
funded with a total of $75 million to date. This groundbreaking public-
private partnership supports transformational anti-trafficking
programs. Specifically it seeks to pair funding with a metrics-based
approach, including extensive monitoring and evaluation, all with the
goal of measurably reducing the prevalence of human trafficking in
targeted populations in specific countries or regions. This approach is
important to me personally and something I focused on both in my
hearing as a nominee and during my swearing-in ceremony: a dedication
to policy rooted in data and measurable impact.
The first award under this program was made in 2017 in the amount
of $25 million to the Global Fund to End Modern Slavery, followed by a
second award of $21 million to the Global Fund this past September. The
Office made a third award of $4 million, also in September, to the
University of Georgia Research Foundation to develop innovative
research methodologies to measure the prevalence and impact of human
trafficking in two target countries in Africa. To date, we are
optimistic about the work of the Global Fund, particularly its work to
leverage U.S. investments to secure additional international funding.
By year three, the Global Fund expects to have mobilized $150 million
in further funding from other governments and private stakeholders. For
instance, U.K. Prime Minister May pledged =20 million to the Global
Fund at last year's U.N. General Assembly session. I believe the keys
to success of the Program to End Modern Slavery include: continued
support from Congress, an emphasis on other countries and private
entities contributing funds, and a focused, strategic approach. If done
well, the Program to End Modern Slavery could have a massive,
measurable impact on this global crime.
I mention these important initiatives not just to commend this
Committee and others in Congress for their leadership. I mention them
because they exemplify the potential for progress when the executive
branch works hand-in-hand with the legislative branch--working together
to create tools, secure resources, and share insights. We are hopeful
lawmakers will continue to make this issue a priority and champion the
critical resources that make this work possible.
For my part, I am excited to take on this new challenge along with
my colleagues in the Trafficking in Persons Office and look forward to
working in close partnership with this Committee. I want to encourage
Members to travel and raise human trafficking with other governments. I
want to ensure our congressional reports are providing you with
actionable information, and I want to have an open and regular
dialogue. In short, I want us to be partners in this fight.
We have an exceptionally talented group of dedicated professionals
working year round to fight human trafficking around the world.
Together, we are all excited to work with you, exploring new and
creative partnerships to combat human trafficking around the globe.
The Chairman. Thank you for that great testimony, and I
will defer, as always, to Senator Menendez.
Senator Menendez. Thank you, Mr. Chairman.
Ambassador, we are glad to see that you are one of the few
that have made it to the committee, and actually got confirmed.
So we are grateful for your work.
I agree with you that when the Executive and Legislative
branch work together we are a more powerful force in this
regard. So let me turn to the Trump administration's policy on
notices to appear, now apply to even humanitarian visas, TU and
VAWA, has made applying for a T visa risky for trafficking
victims. Experts anticipated the number of T visa filings to
drop, in light of the administration's policy.
In addition, experts report that trafficking victims are
far less willing to report to law enforcement, terrified by the
administration's anti-immigrant rhetoric. These policies
diminish the United States as an anti-trafficking leader in the
world.
What will you do to curb the damaging NTA policy, which
threatens to undo nearly two decades of anti-trafficking
progress?
Ambassador Richmond. Sir, I appreciate the question,
because the T visa program, as well as the continued presence
program, these two pillars of the way that we can make sure
that victims who are not lawfully present in the United States,
or undocumented, receive the rights and protections that they
are entitled to under the law.
The Continued Presence program offers a legal way to stay
in the country while the United States continues to investigate
the crime. It allows a work permit while they do that. It can
be renewed from year to year as the investigation continues. It
is an essential tool of law enforcement. And the issuance of
Continued Presence should be encouraged in every case.
The T visa program is unique, because unlike the Continued
Presence program, it is a self-petitioning visa, and victims of
trafficking should be encouraged to apply for it. It does not
require the endorsement of law enforcement in order to be
granted. Although, additional benefits may be----
Senator Menendez. I do not mean to interrupt you, but my
time is limited. I appreciate your knowledge of the different
visas I am talking about. What I am talking about, though, is
the concern that those who now have to appear in person may
very well be a barrier to seeking the very visas that you so
aptly describe are necessary tools. How are we going to
mitigate that?
Have you talked to the administration? Are you engaged? I
know you just got there. Are you going to be engaged in having
a conversation that maybe this is a universe that does not
necessarily have to be an appearance in person?
Ambassador Richmond. Senator, I look forward to the
interagency process, and through working with colleagues at the
Department of Homeland Security, and the FBI, as well as the
Department of Justice, to discuss these issues, and to make
sure that victims of trafficking are able to receive T visas as
well as Continued Presence.
Senator Menendez. I hope you will make that case.
Now you believe, as I do, I think, that trafficking,
wherever it takes place, and for whatever purposes people are
trafficked, is something that needs to be fought, right?
Ambassador Richmond. Absolutely.
Senator Menendez. Regardless of where it takes place.
Ambassador Richmond. Yes.
Senator Menendez. So you are just recently back from Saudi
Arabia, I understand.
Ambassador Richmond. I am.
Senator Menendez. Saudi has a horrendous record on human
trafficking, particularly as it relates to domestic workers.
They recently beheaded a domestic worker from Indonesia, who
was convicted of murdering her employer, though allegedly died
in defense, when he was trying to rape her. There are 18
Indonesian migrant workers on death row in Saudi, according to
press reports, and that is just one of many.
Are we going to hold the Saudis accountable, as well as
everybody else?
Ambassador Richmond. Sir, I appreciate the question about
Saudi Arabia. It was one of my first trips, out of serious
concerns for their implementation of anti-trafficking efforts.
Not just to protect domestic workers, which gets quite a bit of
attention, but I was concerned about the lack of sex
trafficking prosecutions in the country, as well as internal
trafficking that does not involve any cross-border movement.
I wanted to make sure that I could see for myself what was
going on, to meet with officials, to sort of ground truth
claims that I had been hearing, and will continue that process
over the next several months as the ratings period continues,
to make sure that Saudi Arabia's narrative in the Trafficking
in Persons' report is grounded in fact, and that it is
accurate, and evidence-based, and that their ranking
appropriately reflects what----
Senator Menendez. And if all of those things that you just
described--I think you have perfected the State Department's
ability to speak at length, without giving me a direct answer.
If all of those things apply, will the TIP Report show Saudi
Arabia to be a country that has a problem in terms of human
trafficking.
Ambassador Richmond. The TIP Report will accurately reflect
what the conditions are on the ground regarding Saudi Arabia's
approach to trafficking.
Senator Menendez. All right. Thank you.
The Chairman. Thank you. Senator Risch.
Senator Risch. Thank you.
Ambassador Richmond, thank you for your service, first of
all, and your commitment to this important cause. I think, and
sometimes in this committee we do have a tendency to politicize
everything, and this is a cause that really is not political.
There is not anybody on this committee that can claim to have a
stronger feeling about it than any other member of the
committee. This is an awful, awful enterprise, and we are all
committed to see that it be done differently.
So in that regard, the statistics that you have laid out,
and that we are all familiar with, and have read in the TIP
Reports, and all that sort of thing, give us the statistics of
the problems.
I realize you are new on the job. How are you going to give
us some metrics as to how we are doing? This is a difficult
thing to undertake. It is a difficult thing to fix, but we
really cannot do it unless we actually see what is working,
what successes we might have. We are all familiar with the
usual kinds of things that we do. It seems to me this calls for
much different approaches than the kinds of things we
ordinarily do when we are trying to manipulate a country to do
things different, when they are doing bad things. What are your
thoughts on that?
Ambassador Richmond. Yes, sir. I very much appreciate the
question about metrics. I think that it is a critical question.
There are a few things that we could do as approaches. And one
is to recognize is there are different types of metrics.
One is we can measure what we are actually doing. That is
clear law enforcement data to know how many people are being
arrested, how many convictions, what are the sentences. We can
also address how many victims have been identified, how many
are receiving services. We can measure what is actually
occurring. And I think that that can be dramatically improved.
The more challenging metric is what is the prevalence of
trafficking. And I think that is an area that has plagued this
issue for many years, and we need to improve upon it.
To improve upon it, we are undertaking several initiatives.
One is within the Program to End Modern Slavery we are trying
to make sure that there is a prevalence estimate, and the
University of Georgia Research Foundation, as well as the
Global Fund, are working hard to determine how could we have
good modelling for prevalence metrics. To do that I think we
have to look deeper than just a country-wide prevalence metric,
to an industry-specific and geographically restrained
prevalence metric, one that is focused on what is the
prevalence of domestic servitude in this city, or what is the
prevalence of agricultural labor that is forced labor, not what
is the prevalence of trafficking in the entire country. That
would be like asking what is the prevalence of economic crime,
when it can vary from securities to fraud, to a con artist. We
want to focus on different types, so we can measure against it,
and determine if our interventions are working.
I would also say that we do not want to stop our work while
we are waiting on a good prevalence estimate. We do not ask for
prevalence estimates in all types of crime. No one asks how
many gigabytes of child pornography exist, and so we just know
that we need to fight against it. Nobody asks how many kilos of
cocaine exist in the world. We just know we need to fight
against it.
We know that there are victims of trafficking around the
globe and here in the United States that need help, and while
we are working on better prevalence estimates, we want to make
sure that we are doing everything we can to restrain the
traffickers that are exploiting them.
Senator Menendez. Thank you. I appreciate that. And I think
the prevalence estimates are going to be just that, estimates,
because getting the exact metrics, or even close to exact
metrics are going to be a real challenge, because how this
flies under the radar, and frequently it is supported and
covered by government agencies that are supposed to be in the
job of determining metrics.
Thanks for your work. We look forward over the years to
hearing good reports from you, and particularly we want to hear
what it is we can do that works. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Cardin.
Senator Cardin. Well, Mr. Ambassador, first, thank you very
much for your willingness to take on this extremely important
position. I also want to acknowledge the extraordinary
leadership of Senator Corker and Senator Menendez, and the
members of this committee, to make it clear we will not
tolerate modern day slavery. And we are prepared to give you
all the tools you need in order to fight that.
So I want to take my cue from our chairman, who is always
very direct with our witnesses, to say I was not satisfied with
your response to Senator Menendez. I expect you to be an
advocate in regards to this issue. There is a perception out
there today that if you are a victim of trafficking, and you
come forward with law enforcement, and you come forward to seek
the T visas, and you are not successful, or it is not
immediate, that there is fear that you are going to get a
notice to appear, and be deported.
We need to dispel at its source today, so that we
understand that those who have been the subject of trafficking
are victims, we need their cooperation with law enforcement. We
do not want them to go underground because of fear that they
are going to be deported. And we need your office to make that
very, very clear in this environment, in which immigration
issues are certainly far from being a void from politics in
this country.
So I am going to give you another chance to respond to this
committee, as to your commitment to be the representative on
those who have been victimized by trafficking, to know that
they will be protected here in the United States, so that we
can, in fact, bring successful legal action against the
perpetrators, and we will protect them as we have in the past,
so that they know that they are safe here in America.
Ambassador Richmond. Senator, I appreciate the question. I
am committed to making sure that the law is clearly enforced.
And the law provides for the Trafficking in Persons visa, the T
visa. And I want to make sure that that T visa is available to
anyone who is entitled to it, that people can apply for it,
that they are encouraged to apply for it without fear, and be
glad to use my role at the Trafficking in Persons' office, my
role on the interagency courting mechanism that I get to lead,
as well as conversations with my colleagues and other
departments to make sure that individuals can apply for a T
visa, and will receive Continued Presence without any sort of
fear.
Senator Cardin. So will you get back to this committee as
to, at least what we have been told, that there is concern
within this community that if they cooperate and go forward
with law enforcement, and they do seek a T visa, that they run
a risk today, because of other agency's priorities, that there
may be a notice to appear for their deportation? Can you assure
that you will advocate on behalf of the victims to make that
clear, that they are safe here in America?
Ambassador Richmond. I look forward to a continued
conversation with this committee, both formally and informally,
and make sure that those concerns are addressed. I will
definitely be raising these issues, and look forward to making
sure that the--that all the individuals who are trafficked in
this country, whether they are U.S. citizens or they are
without papers, are able to avail themselves of all the
benefits and services that they are entitled to under the law.
Senator Cardin. It is not quite as clear as I would like to
see it. I will take it, and move on. I say that because there
are countercurrents here in this country on immigration, and we
know the fear factors that are in the community today.
We also understand that if victims go underground, we are
in trouble. And we need to have an advocate who is going to
recognize that those who have been targeted of traffickers are
victims. And that is why we pass laws to give them those
rights. They are not quite as sophisticated to understand the
differential between coming forward to help and a notice to
appear, where they are going to be threatened with deportation.
And those who are sophisticated in the system, want to protect
the trafficker, will use that to their advantage to get the
victims to go underground and not cooperate with us. I hope you
understand that.
Ambassador Richmond. Sir, I do understand that. I have
worked with many trafficking victims, including victims who
have received Continued Presence, victims that I have assisted
in getting T visas. I am well aware of the concerns that
victims have, and the wide variety, as they present with
different personalities, different situations. And there is
nothing that I will be a part of that is going to serve to
protect traffickers. Quite the opposite. We want to hold
traffickers accountable, and make sure that victims are
protected.
Senator Cardin. I look forward to working with you on this.
The Chairman. Thank you.
Senator Shaheen.
Senator Shaheen. Thank you, Ambassador, for being here, and
for your ongoing work to address this issue.
Can you talk about how the role of the United States in
setting an example for other countries on the importance of
ending trafficking, and what that means?
Ambassador Richmond. Senator, I appreciate the question.
In our bilateral relationships I think the role of the
United States, and the policies, and the best practices that we
have developed can often be of great benefits in our bilateral
diplomatic relationships. The fact that the United States has a
robust victim protection system, the fact that it has been
aggressive at prosecuting trafficking, that it has been
emphasizing labor trafficking, as well as sex trafficking, that
it wants to fight trafficking in all its forms, that it wants
to make sure that we do not prosecute victims for anything
their traffickers required them to do.
All these aspirational goals are being put into place,
perhaps not as well in every circumstance. We have a lot of
room to improve and to grow. But as we succeed, and have
successes, as we have our challenges, we are able to dialog one
on one with countries about each of those, and discuss how
things can improve in their country as well.
Senator Shaheen. So are you concerned about the President's
failure to talk about human rights, and the signal that that
sends to those countries who we are trying to get to address
human trafficking?
Ambassador Richmond. Senator, I know that this
administration has been quite vocal in its fight against human
trafficking, from the earliest days of the administration.
Senator Shaheen. I understand that. I am not asking about
the policies of the administration. I am asking about the
President's words, his language that he uses, what he says on
the world stage.
Ambassador Richmond. Senator, the President has used very
strong language to condemn human trafficking, and to commit his
administration to fighting it in all of its forms. He has been
very clear that human trafficking is a human rights abuse, and
that it must end, and that we want to bring the full weight of
the U.S. government to bear against traffickers.
Senator Shaheen. And does it send a mixed message to those
countries that we are trying to get to live up to that standard
when we fail to take action on human rights abuses in other
areas?
Ambassador Richmond. Senator, the office that I get to
serve in is focused on human trafficking. Obviously, there are
other human rights abuses at play as well, and they are
critically important. We want to make sure that all human
rights are protected in every country around the world,
including the United States. I think a clear message against
human trafficking can be a leader in that fight.
Senator Shaheen. Well, I will tell you that a number of the
world leaders who I have met with are very confused sometimes
about what our message is on this issue, because of some of the
President's statements.
I want to go back to--and I am sorry I missed your
testimony, because as I looked at it, you did address the
Program to End Modern Slavery in it. But to follow-up on
Senator Risch's question about metrics, can you talk more
specifically about what other metrics you can use to address
the effectiveness of the grants that have been awarded most
recently? I appreciate that we can keep the numbers of, you
know, how many people participated, what kind of research was
done, but how do we determine whether it is really effective in
getting at the root causes?
Ambassador Richmond. Senator, I appreciate the question
about metrics. Monitoring and evaluation of our programs is
incredibly important. It is an area of growth for this
movement. I think for far too long the anti-trafficking
movement has been driven by passion and emotion, as opposed to
metrics and data, and we want to move in that direction.
There are a number of different monitoring and evaluation
tools that we can use. The grants that have been given out, or
the sub-grants that have been given out by the global fund
under the Program to End Modern Slavery are brand new. They may
be, in a sense, too early to measure, because those
announcements have just been made. But there is a measurement
component and requirement in each of those, and----
Senator Shaheen. I am sorry to interrupt. I am not trying
to be critical here. I am trying to better understand the kinds
of tools that you are using to measure the effectiveness. You
know, I get the numbers and the statistics that we keep, but
how do we address some of those other aspects of this problem?
Ambassador Richmond. I think the key way to measure this is
to have good industry or sector-specific prevalence estimates,
to do an intervention, and then measure the prevalence of
trafficking in that sector, has it decreased? And that is what
we want to move towards in this movement, to make sure that our
interventions are actually having a direct response----
Senator Shaheen. Right.
Ambassador Richmond.--to stop traffickers, and to care for
survivors.
Senator Shaheen. Thank you. Thank you, Mr. Chairman.
The Chairman. Senator Coons.
Senator Coons. I am here for two purposes, one, of course,
to question our very capable witness, but also to thank you for
your tireless work leading the charge, fighting modern slavery,
for the hard work that you have done that I think has made an
enormous difference, both here in the Senate and around the
world. And to thank you and Ranking Member Menendez for the
hard work you have both done to make sure that our Trafficking
in Persons reports are substantive and meaningful, that have
real metrics, and have a real impact around the world.
And I look forward to continuing to work with you after
this Congress in sustaining your ongoing leadership in this
field. I am so grateful for your leadership at this committee.
It has been remarkable. And I am hopeful that we will continue
to have good, and powerful, and regular hearings when Chairman
Risch takes over the next Congress, and that we will continue
to do strong and good things together.
But I just could not let this hearing pass without thanking
you----
The Chairman. Thank you.
Senator Coons.--for what you have done as chairman of this
committee.
So if I could then, Ambassador Richmond, it is of genuine
interest, I think, too all of us to know more about your recent
visit to Saudi Arabia. I understand Ranking Member Menendez was
focusing on the Saudi Kingdom's poor record on human
trafficking. It seems important to me to know whether or not
you agree with an argument made by Secretary Pompeo and
President Trump that our relationships with Saudi Arabia that
are economic in nature are too important for us to risk
downgrading that alliance by focusing on human rights. In fact,
I think Secretary Pompeo has an editorial to that effect today
in the Wall Street Journal.
Do you think promoting human rights is in line with
promoting our security interests, and how does your office
contribute to balancing those two things?
Ambassador Richmond. I appreciate the opportunity to answer
that question, Senator. I think that human rights are the
fundamental underlying pillar beneath the anti-trafficking
movement, and beneath the Trafficking and Victims Protection
Act.
The entire reason trafficking is wrong is because
individuals have inherent value, and traffickers deny them that
value, deny them that liberty to work where they want, to get
up when they want, to control who touches their bodies. And we
need to make sure that their human rights are protected.
The Trafficking in Persons Office, where I get to serve
now, that I get to lead, will make sure that the
recommendations and the narrative regarding Saudi Arabia's
approach to trafficking, the efforts that they have taken, are
clearly identified, and that they are ranked accordingly.
Our job is to make sure it is a fact-based, evidence-based
report that we will submit to the secretary, and the President
can review. Our office is focused solely on that mission, to
make sure that as we work with the department, with the
ambassadors around the world, that we are making sure that the
report is complete and full of integrity.
Senator Coons. Well, thank you, Ambassador. My concern is,
I will express here, and in other settings, is that our
President continues to put economic partnerships, arm sales,
ahead of what is a fundamental defining virtue of the American
people and republic, which is that we have put value for like
human rights, as you have articulated, ahead of transactions,
and I think we should continue to do that.
What more could we be doing to engage, the private sector
to engage, and businesses to take actions against the misuse of
forced labor around the world?
Ambassador Richmond. Sir, I think that there is a great
deal that the private sector can do regarding trafficking,
particularly when they look at their supply chains. There have
been several helpful and promising initiatives internationally
regarding supply chains, making sure that companies can vet
their supply chains several layers deep to make sure there is
not forced labor involved. They can be self-critical in that
regard. That effort needs to grow, and we need to make sure
that companies that are knowingly engaging supply chains that
have forced labor in it are held accountable. But we also want
to make sure that companies are incentivized to vet their own
supply chains to make sure that they can root our forced labor.
I think we also need to make sure that we understand that
even a company of good will who wants to make sure there is no
forced labor in their supply chain has a very difficult job in
doing that. In a sense, we are asking them to do the law
enforcement work of a nation, perhaps halfway around the world,
that is not doing their own law enforcement work to make sure
that there are not forced laborers in those factories, in those
facilities. And we want to make sure that countries around the
world are able to protect their citizens and to protect others
who are working there, to make sure that they are not subjected
to forced labor by traffickers.
Senator Coons. Well, Ambassador, I think one of the most
powerful tools we have in the work against human trafficking,
against forced labor, is engaged and empowered constituents,
consumers, citizens of this country, who purchase huge amounts
of products from companies that have supply chains that go into
some of the most difficult labor environments on earth.
And to the extent the faith community and the private
sector, the administration, and this Congress work together to
make it easier, to make it more based in metrics, for those who
are active, whether because of their faith, or because of their
value for human rights, to take steps to do so. That's how we
make a difference. So I look forward to working with you on
that important undertaking.
Ambassador Richmond. Thank you.
The Chairman. Mr. Ambassador, I do want to say, people on
this committee care deeply about human rights and trafficking.
And things are a little raw right now. We have a hearing,
actually, or an all senators' briefing at 11:00, and some of
the things around Saudi Arabia certainly have created a little
bit of rawness. Some of that is being reflected in questions
that are being asked of you, and also some of the immigration
issues.
I just want to say, as one person, having been at your
swearing in, and knowing that your life commitment to this
issue, whether you are a democrat or a republican, I cannot
imagine having someone more committed to this. And I am
thankful that you are willing to do it.
I think that as these people and my friends on this
committee get to know you more closely, in spite of some of the
other content that we deal with that sometimes causes us to
express ourselves pretty sharply in this committee, my sense is
that regardless of what side of the aisle people are on they
are going to be thankful that someone like you is doing this
job, and I think they already are.
Ambassador Richmond. Yes, sir.
The Chairman. Yes, sir?
Senator Menendez. Mr. Chairman, I agree with you. We look
forward to working with the ambassador, but I do not want you
to think that the raising of Saudi Arabia or of immigration as
a legitimate issue, where people have fear of coming forward to
use a visa that we intend them to, is a political context. I
know Senator Risch painted things sometimes politically here.
That is a legitimate issue. And I am not going to stop
raising a legitimate issue simply because people want to cast
it as political.
The Chairman. And I, in no way, am casting it as political,
and I plan at 11:00 to express myself very strongly as it
relates to other issues. I am just saying that you are here in
the middle of some rawness as it relates to some other issues,
and that is just a fact.
But with that----
Senator Risch. Mr. Chairman, could I get my two cents worth
in here?
Senator Menendez, if I indicated that to you, or was
offensive, I apologize for that, but look, this is really a
nonpartisan issue. This is a bipartisan issue. President Trump
is going to be president for the next 25-and-a-half months. And
for those of us that care deeply about issues like this, and
especially Senator Corker, as he has over the years, we want to
carry that flag forward for Senator Corker, and we want to
carry that flag forward for the American people. So it behooves
us all to work together, republicans, democrats, the President,
the administration.
Now, sometimes people say things in political context that
do rub the wrong way, but that should not take our focus off of
the ball here of what we are trying to do. I think we have got
the right man in Ambassador Richmond here. I think we can trust
him on this issue, and I think we should continue to work, and
to meet, and to--and to explore these issues. And I think
Senator Menendez certainly raised issues that we should talk
about, and try to take the rough edges off, and make progress
as we move forward.
Thank you, Mr. Chair.
Senator Menendez. Mr. Chair, if I may.
I totally agree with Senator Risch, who will be the new
chairman, that working together, I recognize President Trump's
going to be there for as long as his term continues. I did not
hesitate to criticize a president of my own party when I
thought he was wrong. I am not going to hesitate to criticize
this president when I think he is wrong. I think constructive
criticism is also incredibly important to reach a considered
judgment on how we move forward on issues. And so I am not
going to pull any punches. I did not do it with President
Obama, and when I was chairman of this committee, I am not
going to do it with President Trump.
But I do agree with you that this issue is bipartisan,
nonpartisan, and I look forward to working with you on making
it a continuing legacy of the committee.
The Chairman. With that, thank you for coming. Thank you
for the work you are doing, and we look forward to seeing you
again. And we will call the second panel. Thank you so much.
I know that, Natalie, you came in a little bit late. We
have already spoken a little bit to the fact that we are
thrilled to have both of you here, and certainly appreciate the
personal commitment that both of you have shown around this
issue, that you can see, draws a little emotion here on the
committee itself. But we thank you for being here. We know that
you have gone to a lot of trouble to be here today, and
certainly spend a lot of, both of you, your personal time and
effort around this issue. And it is people like you that calls
us to be inspired.
So our first witness today is Natalie Grant, the co-founder
of Hope for Justice, and a hero in the fight against modern
slavery.
Our second witness is Shawna Bader-Blau, the executive
director of the Solidarity Center, who is also a leader in this
fight. If you both could summarize your comments in about 5
minutes, we, again, thank you so much for being here, and look
forward to your comments.
STATEMENT OF NATALIE GRANT, CO-FOUNDER, HOPE FOR JUSTICE,
NASHVILLE, TENNESSEE
Ms. Grant. Thank you.
Well, thank you, Mr. Chairman, for inviting me to be here.
I am so honored to be here, and honestly, I woke up this
morning thinking, ``I am going to be so out of my depth.'' I am
used to a microphone being in my mouth. I sing all the time,
and I have no problem speaking, but it is not usually in an
environment quite like this. So it really is an incredible
honor for me to be here today.
[Laughter.]
Ms. Grant. You know, as I was thinking on the plane here,
and I was listening to Ambassador Richmond, and I see your
notes, and I am thinking, ``Oh, my goodness, I do not even have
notes to talk about this,'' but what I do have is just a story.
I have my own personal story of how this issue has forever
wrecked my life.
And I never thought that I would say that television
changed my life. I never thought I would say Law and Order
changed my life. But it truly was an episode of Law and Order
that I was watching on a day off from touring, when I was home
in my home in Brentwood, Tennessee. And they depicted a
gentleman who had an underaged girl in his basement on the
television show. And I just remember them always saying that
Law and Order was ripped from the headlines.
And as I was sitting there in my family room, watching this
television show, I thought, ``What headline is this ripped
from?'' This was in 2004. I had never heard the term ``human
trafficking'' before.
And so as I was watching it, I thought, ``Well, this is
ridiculous. Why are they trying to convince us that there are
people holding people in their basements in the middle of New
York City?'' So I literally Googled, ``What is human
trafficking.'' And that is the first time that I realized that
slavery still exists in this country.
I actually came across something called the Trafficking in
Persons report, and I attempted to read it, and I got about two
sentences in, then I stopped. And I literally then punched in,
``Faith-based organizations that fight human trafficking,''
because as a member of a faith-based music community, I was
deeply troubled that I had never heard of this issue before.
I was deeply troubled that people in the church were not
talking about the least of these, which they talk about so
often, but that were being ravaged in this way. That is when I
found an organization, and to make a long story short, a couple
of months later my husband and I flew to India. They took us
straight into the red-light district.
Sorry. I know this is probably the appropriate place to
cry, but I have never, ever been able to speak about this issue
in 14 years without weeping, because I saw children for sale on
the street. I met twin 5-year-old girls who had to have
reconstructive surgery to their tiny little bodies.
I saw a 6-year-old girl in a cage, looking at me through
the bars of cage. She was not screaming. She was not asking for
anyone to bring her her freedom. It was almost as if she was
resigned to the fact that this was her reality.
They allowed us to tour a brothel, because they thought
that my husband was a potential customer. And as we walked
through these tiny little cubicles, some with mattresses on the
floor, some with beds, I will never forget walking past one
that had a rope tied to the end of a bedpost, and I made the
mistake of asking why the rope was there. And the gentleman we
were with said, ``That is because the girl in this room is 15
years old. She has an 18-month-old child.'' There is no
childcare, so they tether their children to the end of the bed
while they are forced to perform their sexual acts.''
All I can tell you is that I was wrecked that day for life.
I knew that in that moment this issue demanded my attention and
my commitment. I did not know what I was doing when I left
there. I flew back to America, and thought, ``Well, now what do
I do? I sing in front of thousands of people every weekend. So
what I am going to do is I am going to get up on that stage and
I am going to tell everybody I know that this is a reality,
that this is happening.'' Because if I did not know about it,
chances are most other people did not know about it either.
At that time I founded an organization called Abolition
International. And to be honest with you, my first goal was
just to raise enough money to build an after-care facility for
women with children, in India. And that is exactly what we did.
But what happened in the coming years after that was that I
learned about the issue in a deeper way.
I met an organization in England, and we merged together,
and we are now known as Hope for Justice International. And
while it says ``co-founder'' underneath my name right there, I
fear that makes me sound far more important than I am. The
organization now is across 4 continents, and 8 countries, with
22 offices. Last year we rescued 37,000 children. It is amazing
to me the work that the organization is doing, but all I am is
a girl.
We saw children for sale on the street. And in 2004, I was
not a mother yet. But now I am a mother to three daughters, and
now this issue is more important to me than ever before. Now I
see that though maybe I do not have the power that you have, I
have the power of a voice. And if I can tell thousands of other
people, ``Listen, it is not up to us to do everything. It is
just up to us to do something.'' Every single one of us can do
something. Every single one of us, no matter who you are, no
matter where you are from, no matter what your circle of
influence, whether you have a platform, or whether you are just
serving your family, every single one of us can do something to
make a difference.
And though I am grateful to get to do it on a large scale,
I feel like the greatest difference I am making is when my twin
daughters' sixth-grade teacher came to me and said, ``I was
talking about the abolishment of slavery in the classroom
today, and one of your twin daughters raised her hand and said,
'That is not true. Slavery actually still exists in the world
today.''' And I realized that I must be doing something right,
because though my heart swelled with pride in that moment, it
also broke at the same time, that my daughters are living in a
world where slavery still exists, where someone's daughter,
someone's sister, someone's niece, someone's granddaughter is
being ravaged day in and day out.
I just say to you that though this issue demands my
attention and commitment, I believe that the same must be said
of you, and that it demands your attention and commitment. I
commit my life to Proverbs 31:8, which says, ``Speak up for
those who cannot speak for themselves. Ensure justice for those
being crushed.'' I have seen those who are crushed, and I say
that together we must do whatever it takes to give them
justice.
The Chairman. Thank you. Incredible.
Shawna.
STATEMENT OF SHAWNA BADER-BLAU, EXECUTIVE DIRECTOR, SOLIDARITY
CENTER, WASHINGTON, DC
Ms. Bader-Blau. Thank you very much, Natalie, and thank
you, Chairman Corker. Congratulations on a long career here,
and for highlighting this issue. And Ranking Member Menendez,
thanks for inviting us today.
I am really pleased to share the Solidarity Center's
perspective on this issue in the global fight to end modern
slavery. And from my written testimony, which I have submitted
for the record, I would like to highlight four key points.
First, modern slavery takes place in the context of rising
authoritarianism and the global crackdown on civic freedoms
happening all over the world. Fundamentally, trafficking for
labor exploitation is the result of the absence of human rights
and effective governance, and a culture of impunity. The
failure of governments to protect worker rights in law or of
employers to respect them in practice creates an environment
where workers are vulnerable to exploitation, including debt
bondage, forced labor, and human trafficking.
Modern slavery happens in countries that restrict civic
freedoms, including the right to form or join trade unions or
other worker organizations. In short, modern slavery lives in
the shadows when there is no one there to expose it. And the
deck is increasingly stacked against workers when they try to
stand up for themselves, expose this abuse, and fight back.
Resurgent authoritarianism globally means that nearly half
the world's population, 3.2 billion people, live in countries
where civic space is closed or repressed. With authoritarianism
comes weakened democratic institutions, including the courts
and the press. And civil society is sidelined by draconian
legislation, and overt repression by police and the military.
It is no accident that of the 22 countries ranked as tier
three in the State Department's 2018 tier placements, only one
country, Belize, is considered free, according to Freedom
House.
In Turkmenistan, for example, where state-sponsored forced
labor in cotton production is an ongoing crime, activists
trying to monitor and expose these atrocious practices have
been harassed, threatened, and imprisoned. Among them, Gaspar
Matalaev, a news reporter with Alternative Turkmenistan News.
Matalaev was arrested in October 2016, 2 days after he reported
on state-orchestrated forced labor of children and adults in
the cotton harvest. He remains in jail.
A couple of weeks ago, I visited Lesotho. In this very poor
country, thousands of people find work in the garment factories
that supply major American and international brands, but women
workers also find something else. Male supervisors demanding
sex in exchange for pay, promotions, or employment.
Research and our firsthand experience with women in garment
factories like those in Lesotho, confirms that women being
forced into transactional sex to gain or keep employment, and
having no remedy, if they complain, are strong indicators of
forced labor. And when women cannot exercise their basic labor
rights, because they are routinely suppressed by factory
owners, with total impunity from the state, well, that is a
democracy problem, too. Put simply, people need to be able to
dissent and dissent freely and collectively, if we want to end
modern slavery.
Second, the ongoing problem with forced labor also really
needs to be seen in the context of the mass movement of people.
An estimated 150 million people are migrant workers, and the
number of refugees and internally displaced persons and asylum
seekers now tops 68 million people. In the context of rising
authoritarianism, anti-immigrant rhetoric, and accompanying
anti-immigrant policy also run high.
In our work around the world, the Solidarity Center has
heard firsthand from migrant workers who fear reporting forced
labor conditions because of the toxic anti-immigrant
environment that they are experiencing. Moreover, closing
pathways for humanitarian resettlement, like refugee programs,
and narrowing grounds for asylum increase the chances that
those fleeing violence and persecution will be forced to
migrate through less safe channels, exposing them to a
heightened risk of trafficking and forced labor.
For example, the Business and Human Rights Resource Center
found severe abuses of Syrian refugees in Turkish garment
supply chains, including forced and child labor. And at this
moment, as we sit here meeting, the Thai government is actively
punishing some of the brave Thai labor leaders who have stood
up against modern slavery, and against anti-migrant
discrimination.
It is our measured experience, working in 60 countries over
20 years, that to address refugee and migrant worker
vulnerability to trafficking we need to level the playing field
when it comes to rights and enforcement of rights of people
working in a country, no matter who they are. When some people
in a society are treated as lesser, then the idea that they can
be exploited becomes more accepted, possible, and prevalent.
Indeed, isn't that the notion that slavery was built on, that
some people are lesser?
Third, we need to change our expectations about what
constitutes accountability to human rights in the private
economy, especially in supply chains. We still do not see the
kind of corporate leadership we need to eradicate modern
slavery. Those factories I spoke of in Lesotho, those factories
may be owned and operated by Chinese investors, but a 100
percent of the buyers are international brands, and a great
many of them are American companies.
I am not saying that these global companies sourcing there
want these things to happen. I am saying that they accept
virtually no responsibility for ensuring it does not happen,
and we need to change that. We need to be reimagining the human
rights obligations of companies across supply chains if we want
to end this abuse. And this committee can do more on that. And
we can talk about that.
Fourth and finally, we need our own government to use a
more comprehensive set of tools in its anti-trafficking tool-
kit. U.S. trade programs can effectively address trafficking
for forced labor. Recently, the administration announced the
suspension of trade preferences under the African Growth and
Opportunities Act to Mauritania, due to its utter failure to
address hereditary slavery, and we are hopeful that will help.
But our trade agreements, all of them, can and should include
binding obligations that reduce and try to eliminate the risk
of trafficking for forced labor among our trade partners.
The new U.S.-Mexico-Canada agreement could include
elimination of recruitment fees, a ban on passport
confiscation, a requirement to disclose terms and conditions of
employment, and equal rights for citizen, resident, and migrant
workers. These provisions could help reduce trafficking for
labor exploitation, and should be included, and then enforced.
Successive administrations, too, have allowed the slow
erosion of a focus on labor rights as part of U.S. human rights
advocacy and diplomacy around the world. For example, the role
of labor officers and U.S. embassies. This cannot go on. We
need their voices, their eyes and ears on the ground. Without
diplomatic pressure and clear defensive human rights, I fear
that people will continue to not have the chance to live and
work in the dignity that everyone deserves.
Thank you.
[The prepared statement of Ms. Bader-Blau follows:]
Prepared Statement of Shawna Bader-Blau
i. introduction
Chairman Corker, Ranking Member Menendez and members of the Senate
Foreign Relations Committee, I thank you for this opportunity to
present the Solidarity Center's views on the ``Global Fight to End
Modern Slavery.'' First, let me convey our appreciation for the
Committee's leadership in combating all forms of human trafficking both
here and abroad--including trafficking for forced labor, the most
prevalent form of trafficking. According to the International Labor
Organization (ILO), 25 million people around the world are trapped in
forced labor--and their unpaid work generates an estimated $150 billion
annually for enterprises around the world. The continued leadership of
this Committee is much needed to advocate for an aggressive approach to
ending modern slavery, especially for forced labor, at a time when
vulnerable communities, such as migrant workers and refugees, are in
increasing danger.
The Solidarity Center is the largest U.S.-based international
worker rights organization. Our mission is to help workers attain safe
and healthy workplaces, family-supporting wages, dignity on the job and
greater equity at work and in their community. The Solidarity Center is
allied with the AFL-CIO and is a member of the Alliance to End Slavery
and Trafficking (ATEST), a leading U.S.-based coalition that advocates
for solutions to prevent and end all forms of human trafficking and
modern slavery in the United States and globally. Building upon more
than 20 years of experience in promoting worker rights, the Solidarity
Center continues to raise awareness about the causes and the extent of
trafficking for forced labor and implements programs with our partners
worldwide to combat this scourge. These programs address each of the
four ``P's'' that are part of the anti-trafficking toolkit: prevention,
protection of victims, prosecution (or as we call it, ``access to
justice'') and partnerships. Given our global presence, the Solidarity
Center works with long-term, grassroots local partners to combat
trafficking in forced labor, including in Africa (Kenya, South Africa),
the Americas (Mexico), Asia (Bangladesh, Indonesia, Malaysia, Nepal,
Sri Lanka, Thailand), Europe (Moldova, Ukraine) and the Middle East
(Bahrain, Jordan, Kuwait, Qatar).
We increasingly hear the term ``modern slavery'' used to describe
the exploitation or compelled service of children, women and men that
results from the myriad forms of coercion and deceptive practices
traffickers use. Modern slavery is forced labor, debt bondage and
involuntary servitude, among other severe forms of labor exploitation
that exist today. Instead of shackles and chains, workers are now
enslaved through threats, debt and other forms of economic coercion.
Around the world, workers tell us they have no choice but to risk
their lives for the chance to earn a living overseas. Their stories are
harrowing. Kenyan women tricked into traveling to the Middle East as
domestic workers and ending up enslaved, physically abused and violated
\1\ in private homes. Migrant workers in Jordan winding up in detention
\2\ and legal limbo after they escape the exploitative employer who had
also confiscated their passport. Indigenous workers in Mexico finding
themselves unpaid and locked in labor camps \3\ on farms that export
produce to the United States.
Fundamentally, trafficking for forced labor is the result of the
absence of human rights and effective governance. The failure of
governments to protect worker rights in law, or employers to respect
them in practice, creates an environment where workers are vulnerable
to exploitation. It is no surprise, therefore, that countries that
restrict civic freedoms, have weak rule of law and prevent the exercise
of the right to freedom of speech, assembly, and association, including
the right to form or join a trade union to represent their interests,
are countries where trafficking for forced labor is common. That is why
in our view, any approach to combating trafficking must begin with
empowered workers who can stand up to exploitation when it occurs. Too
little effort is being directed toward building worker agency and
supporting worker representation; instead, voluntary corporate social
responsibility policies continue to be promoted despite evidence that
they do little to address the causes of forced labor or provide
effective remedies to victims once a violation has been committed.\4\
We must move beyond the notion that ``modern slavery is all about
bad individuals doing bad things to good people.'' Human trafficking is
more than just sexual exploitation and more than organized crime. We
must address what one leading global expert \5\ on the international
law of human trafficking calls the ``underlying structures that
perpetuate and reward exploitation, including a global economy that
relies heavily on exploitation of poor people's labor to maintain
growth and a global migration system that entrenches vulnerability and
contributes directly to trafficking.''
Unfortunately, current global trends, where the rule of law is weak
and democratic institutions are inhibited, are creating an enabling
environment for trafficking. We see deepening authoritarianism \6\
taking hold in many parts of the world, where the exercise of
fundamental human rights--such as freedom of speech, assembly and
association, all essential to a rightsbased approach to combatting
human trafficking--is being severely curtailed or prohibited. Unions,
often the largest civil society organization in any country, are
frequent targets of repression. At the same time, authoritarian and
populist governments have opted to demonize \7\ migrants and refugees
for political gain, making their already precarious situation extremely
dangerous.
Ending human trafficking requires a holistic approach, where
prevention, law enforcement, victim services and protection initiatives
are all implemented in a comprehensive and coherent way. Far too often,
we see governments being given credit for simply passing a law or
prosecuting a handful of cases, without any political will to tackle
the entrenched, systemic causes of trafficking such as corruption,
employer impunity and lack of civic and workplace freedoms. With a
shared goal of ending modern slavery in our lifetime, we must address
the root causes that allows such exploitation to thrive. I will address
these causes below and provide recommendations as to what the U.S.
government can and should be doing.
ii. root causes
Deepening Authoritarianism
In a growing number of countries, governments have taken an
authoritarian turn. Indeed, nearly half of the world's population--3.2
billion people--live in countries where civic space is closed or
repressed. \8\ With authoritarianism come weakened democratic
institutions, including the courts and the press, and civil society
sidelined by draconian legislation and overt repression by police and
the military. Trade unions and worker advocates, including journalists,
have come under intense pressure to cease their activities or face jail
and/or punishing fines. According to the International Trade Union
Confederation (ITUC), the number of countries that deny or constrain
freedom of speech increased from 50 in 2017 to 54 in 2018, and ``three
of the world's most populated countries--China, Indonesia and Brazil--
passed laws that denied workers freedom of association, restricted free
speech and used the military to suppress labor disputes.'' \9\ Indeed,
workers attempting to exercise their rights were exposed to ``murders,
physical violence, death threats and intimidation in 65 countries in
2018, up from 59 in 2017,'' reports the ITUC. In Colombia alone, 19
trade union members were murdered during the year. Anti-corruption
protests \10\ in Haiti in November resulted in the deaths of at least
six protesters, following a crackdown on dissent. In Thailand, governed
by a military junta, Burmese workers who were exploited on a chicken
farm were sued by their employer for defamation for daring to complain
about forced overtime and underpayment of wages, both indicators of
forced labor.\11\
It is worth noting that of the 22 countries ranked as Tier 3 on the
State Department's 2018 Tier Placements, only one country, Belize,\12\
is considered ``free'' according to Freedom House.\13\ The continued
high prevalence of human trafficking is clearly a symptom of broader
challenges to democracy, human rights and governance. In our work
around the world, we see a strong correlation between governments that
violate their citizens' (and immigrants') fundamental democratic rights
and workers who are left vulnerable to human trafficking.
Several members of this Committee have voiced their support for
diplomatic and programmatic efforts of U.S. government agencies that
advance democracy and human rights around the world. Though often
separate from targeted anti-trafficking programs, this work builds the
transparent, accountable public institutions that are critical to
enforcement of anti-trafficking measures, like labor laws and workplace
inspections, access to justice for victims and anti-corruption measures
that keep trafficking out of workplaces and whistleblowers safe. When
we neglect democracy, rights and governance, we silence workers'
voices; deny them the means to defend their rights, workplace safety
and incomes; and rob them of legal recourse when their rights are
violated. When working people have no possibility of decent, dignified
jobs at home, they migrate abroad for work, enter the illicit economy
or seek out labor brokers and traffickers--to provide for their
families.
We believe the U.S. government should not shift away from
multilateralism and global leadership in defending human rights around
the world, or else we risk weakening important global institutions that
play an important role in fighting human trafficking and the impunity
that perpetuates it. Human trafficking thrives in the context of
restrictions on freedoms. We appreciate the Committee's commitment to
combatting modern slavery and also to advancing human rights and
democracy, and urge its members to consider these two (often separate)
streams of work as strongly interconnected when developing policy
responses and practicing government oversight in its jurisdiction.
Mass Movements of People
We are witnessing the largest movement of people in human history:
International migration surpassed 244 million people in 2015, an
estimated 150 million of whom were migrant workers, and the number of
refugees, internally displaced persons (IDPs) and asylum seekers now
tops 68 million people.\14\ In the context of rising authoritarianism,
anti-immigrant rhetoric and accompanying policy also run high. The
scapegoating and marginalization of refugees and migrants only
increases these disenfranchised groups' vulnerability to forced labor
and other forms of modern slavery.
In our work around the world, the Solidarity Center has heard
firsthand from migrant workers who fear reporting exploitation such as
virtual enslavement, wage theft, forced overtime and gender-based
violence (again, all indicators of forced labor) because of the toxic,
anti-immigrant environment pervasive in many cultures and political
environments in recent years.\15\ Moreover, closing pathways for
humanitarian resettlement (like refugee programs) and narrowing grounds
for asylum increase the chances that those fleeing violence and
persecution will be forced to migrate through less safe channels and a
heightened risk of trafficking and forced labor. For example, the
Business and Human Rights Resource Center found severe abuses of Syrian
refugees in Turkish garment supply chains, including forced labor and
child labor.\16\ Rohingya refugees fleeing violence in Myanmar are at
heightened risk for both forced labor and commercial sexual
exploitation as their precarious status in Bangladesh leads to
desperate (and unsafe) ways to support themselves and their
families.\17\
Migrant workers, whether documented or undocumented, are also
disproportionately vulnerable to human trafficking. Traffickers--often
in the form of unscrupulous employers or labor brokers--take advantage
of irregular migrant worker's lack of legal status to exploit them.
Even workers in regular migration programs where oversight is
theoretically stronger, such as guestworker or temporary migration
schemes (including cultural exchange programs like Au Pairs), can face
conditions of debt bondage, involuntary servitude and forced labor
through high recruitment fees that leave them indebted, having their
visas tied to a particular employer, and threats of forcing workers out
of status and into deportation.
It is our measured experience working in 60 countries over 20
years, that to address refugee and migrant worker vulnerability to
trafficking, we need to level the playing field when it comes to rights
and enforcement of rights of people living and working in a country.
All workers, regardless of status--whether nationals or foreign,
whether documented or undocumented, whether fleeing conflict or seeking
family-supporting wages, whether in the informal or formal economy--
should be treated equally when it comes to international recognized
workplace rights and the ability to exercise them. When some people in
a society are treated as lesser due to some innate quality (they are
female or an ethnic minority or non-citizens), then the idea that they
can be exploited becomes more accepted, possible and prevalent. Indeed,
that is the very notion upon which slavery has always been based: Some
people are just lesser.
Over the past 2 years, the United Nations has embarked on a process
to negotiate two global frameworks, or compacts: one on safe, orderly
and regular migration and the other on refugees. The migration compact
address human trafficking, understanding that migrants have a
particular vulnerability to this abuse. It also addresses a common trap
that ensnares workers in forced labor, recruitment fees, promotes the
ILO's Decent Work Agenda and conventions addressing labor migration,
and recognizes the role of trade unions and social dialogue in
advancing decent work for migrant workers. While the nonbinding
migration compact has some shortcomings, and the United States has
withdrawn its participation, it could be an important first step in
developing more comprehensive and aspirational global norms when it
comes to the rights of international migrants, especially since too few
countries have articulated national policies extending equality of
opportunity for and treatment of migrant workers.
Corporate and Legal Accountability
While governments used to be the primary perpetrators of forced
labor, today the vast majority of the almost 25 million forced laborers
globally \18\ are in the private economy, in domestic work,
construction or agriculture, among other jobs.
Globally, victims of trafficking for forced labor have access to
few legal remedies. This is especially true for migrant workers,
documented or otherwise, who often are excluded from labor law
protection.\19\ For example, migrant workers are often unable to leave
their place of work to file a complaint against their employer. This is
especially true for domestic workers, who represent nearly 4 million of
the globally enslaved working people each year.
For example, our organization works on the eastern coast of Kenya
where jobs are few and poverty is endemic, and many women migrate to
Saudi Arabia for the promise of a good-paying job as domestic help. An
entire industry has been built to ship women overseas to clean and care
for other people's families. Most have little choice but to leave;
there is no other way to support their family and make a better life
for their children. These women have told us of the trap set by labor
brokers and employers. They arrive in the Gulf to find entirely
different jobs than they were promised. Often in debt from high
recruitment fees, they have their phones and passports confiscated.
They are forced to work long hours and to sleep under the stairs or in
the laundry room. Many are subjected to violence and sexual abuse, and
held as virtual prisoners--sometimes for years, incommunicado from
their family--in a country where they do not speak the language. Many
are infrequently, if ever, paid. And too many escape with their lives,
but little else, especially justice.
Their experience is not unique: 26 percent of Indonesian migrant
domestic workers in the Middle East say they endure long working hours,
52 percent do not receive any days off, and 88 percent are not paid
overtime.\20\ And this is not culturally or regionally specific: This
happens here in the United States. It happens in Europe. It happens in
Asia. Everywhere.
This problem of accountability is compounded when trafficking for
forced labor takes place in the global supply chains of multinational
enterprises--and when governments fail to hold corporations to account.
In recent years, governments like the United Kingdom have passed
transparency laws patterned on the 2010 California Transparency in
Supply Chains Act, which calls on enterprises to disclose the policies
that may be in place to combat forced labor by subsidiaries and
suppliers. While transparency requirements can help encourage companies
to undertake due diligence to detect and address forced labor risks in
supply chains, too few are following through in a meaningful way.
Indeed, a recent report found that ``only a handful of leading
companies have demonstrated a genuine effort in their reporting to
identify vulnerable workers and mitigate modern slavery risks.'' \21\
The fact that few enterprises are penalized for failing to stem modern
slavery in their supply chain likely explains the lack of robust
compliance.
Corporate social responsibility (CSR) approaches cannot just be
bandages or window dressing. Non-binding codes of conduct,
certifications schemes and third-party auditing do not work. For
example, a recent study found that ``ethical'' certification schemes
are largely ineffective in combating labor exploitation and forced
labor in tea and cocoa supply chains.\22\
We need to move away from CSR to worker-driven social
responsibility, providing support for workers to express their agency
and have representation in the workplace. Freedom of association and
collective bargaining are a key way to do that. From rubber plantations
in Liberia to households in Hong Kong and along the eastern coast of
Kenya, the Solidarity Center has seen time and time again how
democratic worker organizing and collective bargaining can eliminate
forced labor in a workplace.
Legal Tools to Combat Trafficking
Some of the best tools currently available are provisions in the
2008 reauthorization of the Trafficking Victims Protection Act and the
amended Tariff Act. The TVPRA provides civil action to victims of
trafficking for forced labor in supply chains. However, we note with
concern that a federal district court in California, in Ratha v.
Phatthana Seafood, interpreted the TVPRA to essentially read out of the
statute liability for those who knowingly benefit from forced labor in
their global supply chain--in this case Thai shrimp produced by
trafficked Cambodian workers and imported into California. The
Solidarity Center joined several other organizations to file an amicus
brief in an appeal to the Ninth Circuit Court of Appeals to ensure the
intent of Congress, namely to provide a remedy to workers in global
supply chains.\23\
We also commend the amendment to Section 1307 of the Tariff Act of
1930, which removed the consumptive demand exception, a long-standing
loophole in the prohibition against the importation into the United
States of goods made with forced labor. Under the consumptive demand
exception, companies were able to import goods produced with forced
labor if the ``consumptive demand'' for those goods in the United
States exceeded the capacity of domestic production. This meant that
many goods made with forced or prison labor freely entered the United
States. After the amendment, the law now simply prohibits the entry of
such goods--most recently cotton from Turkmenistan and several goods
from China. The effectiveness of this law will depend on implementing
regulations, which have yet to be promulgated, and the political will
of any administration to enforce it.
We urge this Committee to encourage the U.S. Customs and Border
Protection (CBP) and the Department of Homeland Security to closely
monitor supply chains with known forced labor risks. We also urge this
Committee to ensure the promulgation of new regulations as soon as
possible, with the consultation of stakeholders. Such regulations
should make it easier to bring complaints, and shift the burden of
proof to companies and importers when a product is on the Department of
Labor's List of Goods Made with Forced or Child Labor. Goods on that
list should not be imported unless the importer can demonstrate that
such goods were made free of forced labor or child labor.
Accountability and Trade Policy
U.S. trade programs can also be tools to address trafficking for
forced labor. Most recently, the administration announced the
suspension of trade preferences under the African Growth and
Opportunities Act to Mauritania due to its utter failure to address
hereditary slavery in that country. We also note that the work of this
Committee, and in particular Senator Menendez, regarding trafficking
issues in Malaysia during negotiation of the Trans-Pacific Partnership
has borne fruit. The new government is moving to adopt laws and
institutions necessary to combat trafficking for forced labor.\24\
Tomorrow, the AFL-CIO will testify at the Office of the U.S. Trade
Representative (USTR) regarding trade preferences for Thailand under
the Generalized System of Preferences. Despite several years of
engagement, trafficking for forced labor there remains a serious
problem in Thailand, one that is exacerbated by the fact that migrant
workers are prohibited by law from forming their own worker
organizations. As such, workers performing some of the most dangerous
jobs have no ability to assert their rights collectively, and little
incentive or protection to report forced labor or involuntary
servitude. Trade tools can be used to advance specific diplomacy with
Thailand to ensure it undertakes the necessary reforms in law and in
practice to prevent this scourge.
Our trade agreements can and should include binding obligations
that reduce, and aspire to eliminate, the risk of trafficking for
forced labor among our trade partners. We note that an obligation to
adopt some version of Section 1307 was included in the labor chapters
of the TransPacific Partnership and the new U.S.-Mexico-Canada
Agreement. However, the specific provisions on labor recruitment that
were recommended by labor rights groups were not incorporated, among
them the elimination of recruitment fees; a ban on passport
confiscation; requirement to disclose terms and condition of
employment; and equal rights for citizen, resident and migrant workers.
These provisions would help reduce trafficking for labor exploitation
and should be included.
Conclusion and Recommendations
We cannot eliminate modern slavery without fundamentally changing
how labor migration is managed around the world, how companies do
business and how governments monitor and enforce human and labor
rights.
Recommendations
1. Pass the Trafficking Victims Protection Reauthorization Act,
which contains important provisions co-sponsored by Senators Menendez
and Rubio related to enhancing the integrity of the annual Trafficking
in Persons (TIP) report. For the TIP report to be more effective as a
diplomatic tool, countries should be ranked not just on legislation or
policy reform but on the actual impact that such policies have on
curbing human trafficking on the ground. The TVPRA bill also has
important provisions to codify the prohibition on the charging of
recruitment fees to workers in federal procurement. Eliminating
recruitment fees is one of the most effective ways to prevent debt
bondage, a pervasive form of human trafficking for workers in regular
migration programs (including guestworker and cultural exchange
programs).
2. In addition to supporting the State Department's Office to
Monitor and Combat Trafficking in Persons (J/TIP), reinforce support
for USAID (especially the democracy and governance programs and TIP
specific work of the agency), the State Department's Bureau of
Democracy, Human Rights and Labor (DRL), and the Labor Department's
Bureau of International Labor Affairs (ILAB) anti-trafficking and
forced labor initiatives, especially its technical assistance
programming. These agencies conduct important work to address the root
causes of trafficking vulnerability--including poverty alleviation,
workforce development, trade capacity, research, ending gender-based
violence and providing support to marginalized communities, such as
migrant or disabled workers--and provide much-needed technical
assistance to governments.
3. Continue to support the End Modern Slavery Initiative (EMSI),
championed by Senators Corker, Cardin and others on this committee, to
address root causes of vulnerability to human trafficking. EMSI
provides an opportunity to leverage funding on a global scale to tackle
the prevalence of trafficking around the world. EMSI should be looking
at initiatives that reduce the vulnerability of migrant workers to
trafficking and promote worker rights all along supply chains, as well
as other underlying structural causes of trafficking. We also think it
is crucial to ensure that civil-society and survivor representatives
have a significant role in the implementation of EMSI, including on the
Board of Directors of any organization implementing EMSI.
4. Encourage the State Department to put more diplomatic pressure
on states to uphold rights. The United States needs to be a strong
defender of human rights around the world if we are serious about
combatting modern slavery. This includes a foreign service officer
corps specifically trained in and given a mandate to prioritize labor
rights, human rights and the broader agenda for civic freedoms; a
comprehensive and robust annual Human Rights Report; engaging in
multilateral initiatives that are connected to advancing human rights
and the rights of marginalized people, and supporting the work of U.N.
agencies, such as the ILO. The State Department should also increase
the number of and support to dedicated labor reporting officers in U.S.
embassies as they are the frontline for the U.S. government in tracking
labor rights conditions, including forced labor and other forms of
trafficking for labor exploitation.
5. Use trade pressure to eliminate forced labor in supply chains.
The U.S. government needs to continue to leverage tools such as AGOA,
GSP, trade agreements and the Tariff Act to pressure governments and
companies to eliminate forced labor in supply chains. These tools
should be updated to reflect a renewed focus on labor rights and
trafficking for labor exploitation, especially provisions that would
protect migrant workers from these abuses. The closing of the
consumptive demand loophole was a good first step. Now, we urge
Congress to insist that the administration promulgate regulations that
facilitate the effective enforcement of the Tariff Act prohibitions on
the importation of goods made with forced or child labor. Such
regulations should make it easier to bring complaints, and shift the
burden of proof to companies and importers when a product is on the
Department of Labor's List of Goods Made with Forced or Child Labor.
Goods on that list should not be imported unless the importer can
demonstrate that such goods were made free of forced labor or child
labor. We also urge passage of the The Anti-Trafficking Trade Act, co-
sponsored by Senators Menendez and Portman, which would suspend certain
trade benefits for countries that do not take steps to combat human
trafficking.
6. Currently, business already has responsibilities under the U.N.
Guiding Principles on Business and Human Rights and the OECD Guidelines
on Multination Enterprises to respect fundamental workers' rights,
including a prohibition on forced labor. While important, these are not
binding. We therefore urge the Committee to support the negotiation of
the U.N. Treaty on Business and Human Rights, which would direct
governments in its current draft to adopt laws creating binding
obligations on business to respect labor rights in their supply chains,
to undertake mandatory due diligence, and to provide an effective
remedy to workers when their rights are violated. We would also
encourage the U.S. to support standard setting in the ILO to respect
labor rights in supply chains.
7. Without a doubt, migrant women workers, and domestic workers in
particular, are at high risk of suffering gender-based violence and
harassment in the world or work and that is specifically true for
victims of forced labor and human trafficking. In 2019, the ILO will
have the opportunity to adopt a new convention on this important issue.
It is critical that the U.S. support the adoption of a strong
convention and recommendation, and ratifies the convention as part of a
comprehensive approach to uplifting the human rights of women and men
who are victims and survivors of modern slavery.
Senators, thank you again for the opportunity to testify and for
your continued leadership in combating trafficking for forced labor and
other forms of severe labor exploitation around the world. I am
encouraged by your commitment to finding solutions and welcome your
questions.
Notes
\1\ ``Kenya Domestic Workers Find Hope in Union,'' Solidarity
Center, 2018.
\2\ ``Migrant Domestic Workers Seek Rights in the Middle East,''
Solidarity Center, 2018.
\3\ ``Product of Mexico,'' Los Angeles Times, 2014.
\4\ ``Responsibility Outsourced: Social Audits, Workplace
Certification, and Twenty Years of Failure to Protect Worker Rights,''
AFL-CIO, 2017. See also See Mark Anner, Jennifer Bair & Jeremy Blasi,
Towards Joint Liability in Supply Chains: Addressing the Root Causes of
Labor Violations in International Subcontracting Networks, 35 Comp.
Lab. L. & Pol'y J. 1, 5 (2013)( ``there is a growing consensus, at
least among social scientists, that codes of conduct and auditing
programs have failed to eliminate, or perhaps even substantially
reduce, incidents of labor violations in global supply chains.'')
\5\ ``Selected Works of Anne T. Gallagher,'' BePress.
\6\ ``Under Threat: Five Countries in Which Civic Space Is Rapidly
Closing,'' OpenGlobalRights, 2017.
\7\ ``Contemporary Forms of Racism, Racial Discrimination,
Xenophobia and Related Intolerance,'' U.N. General Assembly report by
U.N. Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, 2018.
\8\ ``OpenGlobalRights, 2017.
\9\ ``2018 ITUC Global Rights Index: The World's Worst Countries
for Workers,'' International Trade Union Confederation, 2018.
\10\ ``Six Killed in Anti-Corruption Protests,'' CIVICUS, 2018.
\11\ ``Myanmar Workers Go on Trial for Accusing Thai Chicken Farm
of Abuse,'' 2018.
\12\ ``Freedom in the World 2018: Democracy in Crisis,'' Freedom
House, 2018.
\13\ And of the 42 Tier 2 Watch-List countries in the 2018
Trafficking in Persons Report, only five are listed as ``free''
according to the Freedom House Index.
\14\ ``Figures at a Glance,'' UNHCR, 2018. at-a-glance.html
\15\ ``ILO Indicators of Forced Labor,'' Special Action Program to
Combat Forced Labor,
\16\ ``What's Changed for Syrian Refugees in Turkish Garment Supply
Chains?'' Business and Human Rights Resource Center, 2017.
\17\ ``Human Trafficking and the Rohingya Refugees Crisis,'' Human
Trafficking Search, 2018.
\18\ ``Forced Labor, Modern Slavery and Human Trafficking,'' ILO,
2018.
\19\ ``The Rights to Freedom of Peaceful Assembly and of
Association in the Workplace,'' U.N. Special Rapporteur, General
Assembly Report, 2016.
\20\ ``Indonesia Can Improve Opportunities for and Protection of
Its Migrants Working Abroad,'' World Bank, 2017.
\21\ ``FTSE 100 and the UK Modern Slavery Act: From Disclosure to
Action,'' Business and Human Rights Resource Center, 2018.
\22\ ``The Global Business of Forced Labor,'' Sheffield Political
Economy Research Institute, 2018.
\23\ ``Solidarity Center Supporting Trafficked Cambodians,'' 2018.
\24\ While successive elevations in recent annual TIP Report
rankings were seen as largely undeserved by civil society and Malaysia
was once again 'downgraded' to the Tier 2 Watch List in the most recent
TIP Report, the historic election of the Pakatam Harapan coalition
government in May 2018 has produced some cause for hope and progress
with regard to trafficking issues, forced labor and migrant worker
rights in general. It is crucial that the international community and
the U.S. government continue to support the advocacy of Malaysian civil
society organizations (including trade unions) to reform Malaysian
labor laws and migration policies, and monitor the implementation and
impact of new initiatives to ensure ongoing forward momentum.
The Chairman. Thank you. Thank you very much.
Senator Menendez.
Senator Menendez. Well, thank you both for some very great
testimony.
Ms. Grant, I must tell you that your story is a riveting
example of how one person committed to an idea or an ideal, and
a cause, and willing to do something about it can create
change. And it is really powerful. And I commend you for it. It
is exceptional.
I do not have you on my iTunes list, but I have looked you
up while I am here. What is your favorite song?
Ms. Grant. Of mine?
Senator Menendez. Yes.
Ms. Grant. My favorite song of mine? Probably a song called
King of the World.
Senator Menendez. King of the World. All right.
Ms. Grant. Funny story is that President Obama told me that
is his, and then he invited me to sing for him, and I got to.
So that was, outside of this, maybe just a little notch higher
in the cool department, but this is pretty special, too.
Senator Menendez. Now you are really being courageous.
[Laughter.]
Senator Menendez. But I admire you for it. I admire your
work. It is an exceptional story about the organization that
you have helped create, so--what do you find in the work that
has been a challenge, other than obviously rating the resources
to reach more people. But what do you find challenging in the
work that you are doing?
Ms. Grant. You know, mostly, for me personally, a big
challenge is getting people to believe it is actually
happening. I will never forget when I first was starting to
talk about it, and this was in the church, right? I mean I had
like a pastor sit me down and say, ``I don't want you to talk
about that. I don't want you to speak about that.'' And because
it was just a little bit too dirty, a little bit too
uncomfortable.
And that is a topic for another day, but how far the church
as fallen that we cannot talk about the dirty and the
uncomfortable. That is the very place we should be able to talk
about it, because the church is supposed to be a hospital where
hurting people find help for what they need. But that was, for
me, the biggest hurdle, was getting people to believe. Speaking
with law enforcement.
Actually getting them to believe that trafficking was
happening in their own communities. It was a huge effort of the
organization last year. They trained over 1,000 police officers
on how to recognize trafficking, how to handle a victim. And
just the little bit that I heard of the testimony earlier, it
is a huge problem for victims, to be honest, and to testify,
and to feel like they are going to be protected.
In this country, the few victims I have had the opportunity
to meet, they feel as though they are treated like the
criminal, oftentimes.
Senator Menendez. Hmm.
Ms. Grant. That instead of being recognized as a victim,
they are treated as a criminal, and there has to be something
we can do to change that.
I think that as far as the organization, you know, they
would say that some of the difficulties that they face would be
in, you know, addressing slavery in the supply chain, and they
have done that. They have created something called the Slavery
Free Alliance----
Senator Menendez. Hmm.
Ms. Grant.--where businesses can join it. And we have
several now that have joined. One with employees of 42,000
people, where they can recognize, okay, this is important. This
is important.
And we need to continue to make people aware of it. I see
it every day. Not like this. I see it in concerts, where people
are--I see their faces----
Senator Menendez. Hmm.
Ms. Grant.--when I tell that story, when I talk about the
victims. I see the faces of the people sitting in that
audience, how they start to cry, how they--they are aghast.
They cannot believe it. And then I see the rage. Something
happened inside of them that says, ``Not on my watch. Well,
wait a second.''
It is amazing to me how I see when people learn about this
issue, they become passionate about it, because it is the kind
of issue that if you have a heart beating on the inside of you,
you cannot--you cannot turn away from.
Senator Menendez. Thank you. Thank you. You do not have
notes, but you are doing a great job.
[Laughter.]
Senator Menendez. And I appreciate your recognition that
very often the victim feels that they are the criminal.
Ms. Grant. Mm-mm.
Senator Menendez. And we need to deal with that.
Ms. Bader-Blau, you covered a lot of territory, and a lot
of it which I think is very important. So let me just quickly
in the less than a minute that I have left focus in on the
supply chain question. How do we get incentives, and/or
consequences to get to have American companies engage in that?
Because you mention in your testimony that corporate-social
responsibility does not seem to work as a reality.
And also on the question of recruitment fees creating
vulnerabilities to trafficking, if you could succinctly address
those two.
Ms. Bader-Blau. Sure. Quickly on the fees. I think the
simple principle is that the idea of work is that I work and
you pay me. I should not have to pay to get a job. And
unfortunately, around the world, people pay what are really
business costs to get jobs, and they get indebted. They pay
labor brokers that traffic them, or take them legally around
the world. They pay for visas. These are all costs of doing
business that employers should bear the burden of.
When they do not, and the burden rests on these vulnerable
and low-wage workers, they end up working 6 and 8 months, in
our experience, in countries like Saudi Arabia, where they are
no other human rights available to anyone. They work
essentially without pay. They work in modern slavery. So I
think, you know, first of all, we need to completely eliminate
fees. You should not have to pay to work.
And the second point on the voluntary corporate compliance
issue, look, it is the 21st century. It is 2018. We can expect
more from the corporate citizenship of our major American and
international brands. We should be demanding something more
than voluntary corporate compliance.
We want to see businesses actually step up and commit to
not just asking the question, do I have slavery in my supply
chain, but actually working with civil society, organizations
on the ground that know the answer to that, and committing to
eliminating that scourge by engaging civil society, including,
and especially the workers themselves.
Look, you know, whether it is domestic workers,
agricultural workers, garment workers, workers know when there
is forced labor in a factory, because they see it. They are
with each other, and they know what is happening. When workers
can come together and have agency and collective voice, they
can eradicate forced labor. We have seen it all over the world.
We need businesses to recognize that workers are, and their
agency are part of the answer, and a core human right that is
under attack globally around the world, is the right to freedom
of association, and the right to have unions and collective
bargaining. And that is a critical need in our global diplomacy
in the fight against slavery.
Senator Menendez. Thank you.
While these two people have been greatly touched by what
they have seen and are acting in ways to solve the problem, we
also have Jean Baderschneider today, who is running the Global
Fund in Modern Slavery, who had a similar experience about 11
years ago, and has now committed herself to this effort, also.
I just wanted to recognize her, and, again, thank both of you
for your testimony.
Senator Risch.
Senator Risch. Thank you so much. Thank you both for your
work, and strong testimony. I think, Ms. Bader-Blau, your
testimony about the problems is well accepted. One of the
things that struck me when I joined this committee about 10
years ago--I spent all my life in public service, and various
offices, but until I got to this committee, I really hadn't
focused on the 200 countries in the world.
I am an American. I grew up here. Life was good for me. I
grew up somewhat poor, but, you know, in America everyone seems
to get along pretty well one way or another.
When I started traveling, I was just astounded at what I
saw around the world. And many of these countries are allies of
ours, friends of ours, and transactional partners of ours in
various things. And then when you pull the curtain back, you
look and you are just astounded at what you see.
With 8 billion people now on the planet, this is a problem
that is pervasive, and the numbers are staggering. I have
listened carefully to all the suggestions that you have. For
instance, and please, don't take this as criticism. These are
difficult issues.
But the supply chain issue is a great one to focus on. The
difficulty with that is when you get a large corporation that
the consumers can really put the screws to and say, ``Look, if
you do not do things right, we are not going to buy your
product.'' The problem is, you turn on the internet, and you
can buy the product from overseas, and have it shipped in, and
it could have been made by slaves, for all you know.
So these are really, really difficult problems, simply
because it is difficult--I do not want to discourage you. We
all need to redouble our efforts in that regard. And I think
your work of educating Americans as to what actually goes on
out there, Ms. Grant, your testimony in that regard is
powerful, and you need to continue to do that, and Americans
need to know this. Because like I said, we all grew up so
comfortably here. The vast majority of Americans grew up
comfortably.
Obviously, most people think, ``Well, it could be better.''
Well, after you travel around the world, you come back here and
you say, you know, you just kiss the ground because of what
have here. And even countries that we view as so civilized
really all need work, and we need to keep the pressure up. And
I look forward to partnering with my friends on the other side
as we move forward on this issue. Thank you.
Thank you, Mr.----
The Chairman. Thank you. Senator Kaine.
Senator Kaine. Thank you, Mr. Chair, and to the witnesses.
I really appreciate your advocacy and your testimony, and being
with us to share. I want to applaud the leadership of this
committee. Being on the Foreign Relations Committee for the
last 4 years, I have watched this committee be very passionate
and scrupulous about integrity in the Trafficking in Persons
report.
There are often political efforts by administrations of
both parties to try to cut a corner here, or give somebody a
break there to accomplish another objective, and the committee
has stood very, very strong against any efforts to try to
weaken the rigorous analysis and criticism, if there should be
criticism in those reports, and I applaud them.
Ms. Grant, I am particularly happy that you focused on the
need for church organizations to be involved, and not just in
the comfortable and easy, but in the uncomfortable. I think
faith-based organizations do a lot of great work in this area.
We were contacted by one last year, an interesting
organization, called A-21, that wanted to just put billboards
at Dulles Airport and other airports, because places that are
international arrival zones are places where folks who are
trafficked often, you know, hit land. And if there is something
there that can offer them some assistance, they wanted to be
able to do it.
We were able to connect A-21 with the airport's authority,
and they have this campaign ``Can You See Me'' that they are
doing at Dulles and elsewhere to try to bring more public
awareness. So this is a faith-based organization doing good
work. So I applaud you and encourage you to do that.
I want to ask you, Ms. Bader-Blau, you talked about root
causes, and I thought that was an interesting one. It seems to
me that one that you did not mention is subjugation of women.
If we are talking about sex trafficking, or labor trafficking,
or other trafficking, women are not the only victims. There are
men victims of sex traffic. There are men victims of labor
trafficking, certainly. But it would seem to me, and I am not
an expert on this area, but it would seem to me that the
subjugation of women is a key part of this.
I was just looking at your written testimony on page seven,
for example, an organization works on the eastern coast of
Kenya, where jobs are few, and poverty is endemic, and many
women migrate to Saudi Arabia for the purpose of good paying
jobs as domestic help.
An entire industry has been built to ship women overseas to
clean and care for other people's families. Most have little
choice, but to leave. There is no other way to support their
family and make a better life for their children. And these
women have told us of the trap set by labor brokers and
employees. Four million of the globally enslaved working people
each year, as you point out, are in the--doing domestic work.
And so I think that there is a whole aspect of the
trafficking problem, of the slavery problem, that is directly
related to second-class status of women, and subjugation of
women. And I guess I would like to hear you talk about that in
the labor slavery side.
Is it overwhelmingly or predominantly women? I know,
certainly, there are men victims as well, but I am curious.
Ms. Bader-Blau. Thank you. The majority of women who
migrate abroad specifically for employment, globally, actually
are involved in some form of service sector work, particularly,
and especially domestic work. And, you know, people often--I
like to say that, in fact, women, when they travel abroad for
work, especially into domestic work, are often trading one
patriarchy they faced at home for another one they arrive at
work.
They absolutely face discrimination from labor brokers, who
will only help them get jobs that are seen as female, first of
all. So there is discrimination on the recruitment side,
including in Mexico, and our H-2 programs into the United
States. Discrimination happens there.
When they arrive to work in a place like the Gulf
countries, we are talking about countries that under law
discriminate against women, in general, citizens or migrants.
And the migrant workers facing an additional burden of
discrimination under the law. They do not have equal rights to
citizens.
And in domestic work, women are often kept in homes,
locked, made to sleep in closets, on the kitchen floor. Very
often we find that--and, in fact, I was just in a meeting with
a women from Jamaica who became a domestic worker when she was
14 years old, who was not allowed to eat most of the day by her
employer. They are treated as slaves, and discriminated against
specifically----
Senator Kaine. Some are treated worse than the family pet
is treated. And as you talk about it, there is sort of a gray
zone between sex slavery and labor slavery. People come into
situations where they then are forced to have sex to keep their
job or to get a promotion. And so there is not a clear bright
line in some cases between sex slavery and labor slavery.
Ms. Bader-Blau. No. And I would urge the members of the
committee and your conversations later about Saudi Arabia, and
ongoing, to really take advantage of the spotlight on Saudi
Arabia, to highlight the extreme problem of trafficking and
forced labor in that country. It is brutal. It is not just
people being beheaded, it is virtually the entire migrant low-
wage workforce is in some spectrum of trafficking in Saudi
Arabia, and they need to be held accountable for that.
Senator Kaine. Great. Thank you.
Thanks, Mr. Chair.
The Chairman. Thank you. And before turning to Senator
Markey, for the first panel, in particular, the record will
remain open until Monday's close of business. I know this is
not the type of topic where there is going to be any mischief,
so Senator Markey----
Senator Markey. Thank you.
The Chairman.--I am going to actually cause you, if you
will, to be chairman, and adjourn the meeting when you finish,
in that I do need to get down early for this other meeting. I
want to thank our witnesses for their inspirational service and
testimony.
And with that, Chairman Markey, thank you.
Senator Markey. I thank you.
The Chairman. Please, if you don't mind, no arms agreements
or anything like that while we are gone.
[Laughter.]
Senator Markey [presiding]. That is next year. Thank you,
Mr. Chairman. Thank you for your service, too. I very much
appreciate it. And, again, The Chairman has to work on the
question of actually human rights in Yemen, and those issues as
well, which is coming up in another 15 minutes or so.
Thank you both so much for your incredible leadership on
these issues, what you have done to help to spotlight it. Just
very powerful, powerful testimony. So thank you.
Ms. Bader-Blau, I know that Solidarity actually works on
issues in Burma. So I would like to just ask you a question.
Perhaps you could lay out what you think would be the right
thing for our government to do.
In Burma, a year after the Burmese military's brutal
operations led to nearly 1 million people being displaced in
Bangladesh, there is no relief in sight for the Rohingya.
Compounding the humanitarian crisis in Bangladesh is the threat
of human trafficking of Rohingya refugees.
The International Organization for Migration, as well as
Refugees International reported in August that thousands of
Rohingya refugees were at risk of falling prey to human
traffickers who exploit them sexually and for forced labor.
The nongovernmental organization, Fortify Rights, has
highlighted how Rohingya leaving by boat to other Southeast
Asian countries to escape their current predicament could be
victims of trafficking networks, similar to 2015, when Rohingya
victims of trafficking were forcefully detained, abused, and
sometimes buried in Thailand or Malaysia. The Burmese Navy
intercepted two boats with 100 Rohingya refugees in the last
few days.
Do you agree with those assessments? And do you think that
the administration is doing enough in order to deal with this
issue? Do you think that they are sufficiently in conversation
with the Burmese, and the Bangladeshis, in order to make sure
that we fight hard on these trafficking issues in this region?
Ms. Bader-Blau. So when people are found in mass graves,
who were refugees, who were forced to work without pay in a
place like Thailand, the answer to your questions is no, we are
not doing enough.
When people are trafficked and discriminated against based
on their religion, and their ethnicity, and their refugee
status in Bangladesh, because they are Rohingya, or in
Thailand, or in Malaysia, no, we are not doing enough. It needs
to be a full-time focus on the--this is where we really see the
nexus between racism and discrimination against migrants and
refugees, and closing civic space. These are all countries I
just mentioned that have really restricted rights environments.
And so not only are people migrants that are discriminated
against, there are not even--there is not really in the civic
space for them to form organizations and fight enough. So no,
we are not doing enough.
Senator Markey. Okay. And what would you say to the
administration right now? Give them their work assignment.
Ms. Bader-Blau. Oh, I do not know if I have the time. I
would start by saying that, fundamentally, labor rights need to
be advanced in our diplomacy, and protected in every single
country. That includes Malaysia. I am talking about for
Rohingya.
Senator Markey. Yes.
Ms. Bader-Blau. Malaysia, Thailand, and Bangladesh. That
needs to be a full-time focus of our diplomacy, and
prioritized, because that is where we are seeing the most
exploitation, is in forced labor of their--of migration.
So we need to focus on that, and I think we need to be more
aggressive with our trade tools. We have GSP in these
countries. We have other trade tools that we can use, that we
can actually suspend in order to make the point that we are
prioritizing the human rights of migrants and refugees.
Senator Markey. Beautiful. Thank you.
I cannot tell you how much we all appreciate what you do
every single day. It will not be forgotten. You have made an
imprint on the committee, and given us an agenda for what we
should be working on, with intensity increased on the part of
each one of us on the committee. We thank you both for your
testimony.
And with that, this hearing adjourned. Thank you.
[Whereupon, at 10:50 a.m., the hearing was adjourned.]
----------
Additional Material Submitted for the Record
Responses of Ambassador John Cotton Richmond to Questions Submitted by
Senator Robert Menendez
Question. Domestic Workers: Enslavement of domestic workers in
diplomatic households remains a serious concern. The Department of
State now conducts in-person interviews of domestic workers brought to
Washington, DC on A-3/G-5 visas to screen for human trafficking and
abuse. Secretary Pompeo recently announced that State would expand the
program to two additional cities, but did not name the cities. While
Washington, DC has the most abuse of domestic workers by diplomats, New
York is a close second. In New York, diplomats stationed at the U.N.,
at consulates, and at permanent national missions to the U.N. all have
the ability to bring in domestic workers on A-3/G-5 visas. These
domestic workers are not screened for trafficking or abuse:
Which two cities will State include in this expansion? Will New
York be one of those cities?
When will the expansion occur? And when will the program become
national?
Answer. The Department of State looks forward to expanding its In-
person Registration program for foreign domestic workers employed by
foreign mission and international organization personnel. The
Department of State will announce the two new cities added to the In-
person Registration program in early 2019. Expansion of the program to
New York remains under consideration. The Department is committed to
this program and hopes that it can continue to expand to cover foreign
domestic workers employed by foreign mission and international
organization personnel throughout the United States.
Question. Malaysia: Ambassador Richmond, an investigation earlier
this month by The Guardian found that electronics factories in Malaysia
still display troubling indications of forced labor, even though we've
known about such abuses for years. In fact, a 2014 report by the NGO
Verite funded by the Department of Labor thoroughly documented problems
in the industry and ultimately led Congress to pass my amendment to ban
``fast track'' procedures for trade agreements with countries on Tier 3
of the Trafficking in Persons Report:
You and I have discussed how the U.S. government should encourage
Malaysia to take stronger actions against forced labor in the country,
but how do you plan to convince the private sector to take greater
responsibility for the safety of trafficking victims in their supply
chains and ultimately to eradicate imports into the U.S. made with
forced labor?
Answer. Private sector action to combat human trafficking in global
supply chains is critical, and working with the business community is a
key component of the Trafficking in Persons Office's efforts to prevent
modern slavery.
Governments must set clear expectations for private sector entities
on their responsibility to conduct appropriate due diligence in their
supply chains to identify, prevent, and mitigate human trafficking.
This principle not only guides the Trafficking in Persons Office's
work, the United States, Canada, the United Kingdom, Australia, and New
Zealand endorsed as a joint approach in the recently released
Principles to Guide Government Action to Combat Human Trafficking in
Global Supply Chains.
The United States government has a number of tools to encourage
private sector action to combat human trafficking in their supply
chains. The Federal Acquisition Regulation (FAR) rule, entitled
``Ending Trafficking in Persons'' prohibits all federal government
contractors and subcontractors from engaging in human trafficking or
practices associated with trafficking, such as charging employees
recruitment fees, using misleading or fraudulent recruitment practices,
or destroying or confiscating identity documents. The FAR rule also
requires compliance plans for contracts that exceed $500,000 and are
performed overseas. Another tool of the federal government is the U.S.
prohibition on imports produced with forced labor. The Trafficking in
Persons office works closely with the Department of Homeland Security's
Customs and Border Protection to assist them in their enforcement of
this law and to communicate its implications to U.S. embassies and
missions around the world. This is an important tool for encouraging
corporate due diligence on human trafficking and the Office will
continue to support DHS's robust enforcement efforts.
Question. Supply Chain: The United States currently imports an
estimated $142 billion worth of goods that are likely to be made with
forced labor, including $83.3 billion from countries ranked at the
bottom--on Tier 3 or the Tier 2 Watch List--of the TIP Report:
As corporations increasingly expand their operations in the global
marketplace, how can the State Department incentivize companies to
protect their supply chains from forced labor?
How are you going to work with your counterparts at the office of
the U.S. Trade Representative, Customs and Border Protection, the
Department of Labor, and elsewhere, to ensure that the U.S. cracks down
on imports made with forced labor?
Answer. The Trafficking in Persons Office works to incentivize
private sector action in a few ways and to provide tools to companies
aiming to reduce the risk of human trafficking in their global supply
chains.
The Trafficking in Persons Office has maintained engagement over
the years with industry associations and multinational corporations to
advance anti-trafficking due diligence efforts in the business
community and help individual companies design effective strategies for
addressing the crime in their specific business operations.
The Trafficking in Persons Office also collaborates with an NGO
partner on the website www.ResponsibleSourcingTool.org, which assists
federal contractors, procurement officials, and other companies to
better understand the risks of human trafficking in their global supply
chains and to develop effective risk-management systems. This includes
sector-specific tools for the seafood sector with plans to expand to
additional industries.
Finally, the Trafficking in Persons Office works extensively with
its interagency colleagues on this issue. The Trafficking in Persons
Office co-chairs the Senior Policy Operating Group's Procurement &
Supply Chains Committee. That Committee works to implement the Federal
Acquisition Regulation. The Office also supports DHS efforts the
enforcement of the U.S. prohibition on imports produced with forced
labor. The State Department plays a key role in an interagency working
group that provides a venue for agencies to assist in the effective
enforcement of the law. The Department is also working to educate its
colleagues at embassies and consulates on the implications of the U.S.
prohibition on imports produced with forced labor and how to
communicate those to host governments and the local business community.
The Office connects NGOs working in the field, who are important
sources of information about conditions on the ground, with colleagues
at U.S. Customs and Border Protection charged with enforcement.
Finally, the Office also recently worked with the Department of
Homeland Security's Customs and Border Protection, the Department of
Labor, and NGO colleagues to produce a webinar for industry
stakeholders on the U.S. prohibition on imports produced with forced
labor and available federal resources for assistance in identifying,
preventing, and addressing trafficking and trafficking-related
activities in global supply chains.
Question. Notices to Appear: Recently, USCIS announced a change of
policy and would be issuing ``Notices To Appear'' to unsuccessful
applicants for humanitarian visas, including trafficking visas:
Can you please describe how this may result in victims being
reluctant to cooperate with law enforcement investigations and not
apply for protection?
Answer. Advocates have voiced concerns to the Trafficking in
Persons Office about the Department of Homeland Security's (DHS) change
in policy. As this is a DHS U.S. Citizenship and Immigration Services
policy, I defer to my DHS colleagues on the rationale behind the change
and any assessment of its impact.
The T visa is one of the primary trafficking-specific immigration
options for trafficking victims and one of the U.S. government's main
protection tools. I will use my role at the head of the Trafficking in
Persons Office and in the federal government's anti-trafficking
interagency coordination group to push for continued access for victims
of trafficking, without fear, to the protections and immigration relief
options made available to them by law.
Question. Fee Waivers: USCIS recently proposed a change in policy
that would modify the form, instructions, and related guidance for fee
waiver requests. While applications for humanitarian relief are not
themselves subject to fees, applications for adjustment of status,
employment authorization, waivers of inadmissibility, and other
petitions and applications may carry filing fees. The proposed policy
impedes access to safety and stability for victims of trafficking and
other vulnerable populations by imposing new documentation requirements
and narrowing the options available for demonstrating eligibility for a
fee waiver:
Was the Department of State consulted about this proposed policy?
If so, what steps is the agency taking to ensure fair access to
protection for particularly vulnerable populations?
Answer. I refer you to Department of Homeland Security's (DHS) U.S.
Citizenship and Immigration Services for details about any proposed
polices. The Trafficking in Persons Office will continue to work with
the interagency to advocate for appropriate protections for victims of
human trafficking.
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