[Senate Hearing 114-68]
[From the U.S. Government Publishing Office]
S. Hrg. 114-68
ENDING MODERN SLAVERY
=======================================================================
HEARINGS
BEFORE THE
COMMITTEE ON FOREIGN RELATIONS
UNITED STATES SENATE
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
FEBRUARY 4 AND FEBRUARY 11, 2015
__________
Printed for the use of the Committee on Foreign Relations
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.gpo.gov/fdsys/
U.S. GOVERNMENT PUBLISHING OFFICE
96-256 PDF WASHINGTON : 2015
-----------------------------------------------------------------------
For sale by the Superintendent of Documents, U.S. Government Publishing
Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800;
DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC,
Washington, DC 20402-0001
COMMITTEE ON FOREIGN RELATIONS
BOB CORKER, TENNESSEE, Chairman
JAMES E. RISCH, Idaho ROBERT MENENDEZ, New Jersey
MARCO RUBIO, Florida BARBARA BOXER, California
RON JOHNSON, Wisconsin BENJAMIN L. CARDIN, Maryland
JEFF FLAKE, Arizona JEANNE SHAHEEN, New Hampshire
CORY GARDNER, Colorado CHRISTOPHER A. COONS, Delaware
DAVID PERDUE, Georgia TOM UDALL, New Mexico
JOHNNY ISAKSON, Georgia CHRISTOPHER MURPHY, Connecticut
RAND PAUL, Kentucky TIM KAINE, Virginia
JOHN BARRASSO, Wyoming EDWARD J. MARKEY, Massachusetts
Lester E. Munson III, Staff Director
Jodi B. Herman, Democratic Staff Director
(ii)
C O N T E N T S
----------
Wednesday, February 4, 2015
ENDING MODERN SLAVERY: WHAT IS THE BEST WAY FORWARD?
Page
Abramowitz, David, vice president, Policy and Government
Relations, Humanity United, Washington, DC..................... 42
Prepared statement........................................... 45
Annan, James Kofi, founder, Challenging Heights, Kaneshi, Accra,
Ghana.......................................................... 37
Prepared statement........................................... 38
Bader-Blau, Shawna, executive director, Solidarity Center,
Washington, DC................................................. 8
Prepared statement........................................... 10
Corker, Hon. Bob, U.S. Senator from Tennessee, opening statement. 1
Haugen, Gary, president, International Justice Mission,
Arlington, VA.................................................. 3
Prepared statement........................................... 6
Menendez, Hon. Robert, U.S. Senator from New Jersey, opening
statement...................................................... 2
Woworuntu, Shandra, trafficking survivor, New York, NY........... 39
Prepared statement........................................... 41
Additional Material Submitted for the Record
Article from Capitol Hill Publishing Corp. submitted by David
Abramowitz..................................................... 58
------
Wednesday, February 11, 2015
ENDING MODERN DAY SLAVERY: THE ROLE OF U.S. LEADERSHIP
Corker, Hon. Bob, U.S. Senator from Tennessee, opening statement. 61
Menendez, Robert, U.S. Senator from New Jersey, opening statement 62
Sewall, Hon. Sarah, Under Secretary of State for Civilian
Security, Democracy, and Human Rights, U.S. Department of
State, Washington, DC.......................................... 63
Prepared statement........................................... 65
Responses to questions submitted for the record by:
Senator Robert Menendez.................................... 83
Senator Marco Rubio........................................ 91
(iii)
ENDING MODERN SLAVERY: WHAT IS THE BEST WAY FORWARD?
----------
WEDNESDAY, FEBRUARY 4, 2015
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
The committee met, pursuant to notice, at 9:35 a.m., in
room SD-419, Dirksen Senate Office Building, Hon. Bob Corker
(chairman of the committee) presiding.
Present: Senators Corker, Risch, Rubio, Johnson, Flake,
Gardner, Isakson, Menendez, Cardin, Shaheen, Coons, and Kaine.
OPENING STATEMENT OF HON. BOB CORKER,
U.S. SENATOR FROM TENNESSEE
The Chairman. The Foreign Relations Committee will now come
to order. We have convened this hearing to examine modern
slavery and what is being done about it. We recognize that the
United States Congress and our executive agencies have worked
hard to draw attention to and address modern slavery, but I
believe we have come to a point where we can do more. We need
to take these efforts to the next level.
I think most Americans would be stunned to know that
slavery still exists in this world. Let me pause to state that
again. It is difficult to imagine that in this modern day, more
than 27 million around the world are forced to live as slaves.
At this hearing, in addition to our expert witnesses, we will
hear from two individuals who suffered and ultimately escaped
this experience, and went on to help others. And we thank them
for being with us today.
Modern forms of slavery thrive where the rule of law is
weakest. Corruption, crime, and cultural attitudes contribute
to a climate of low risk and impunity for those who profit from
modern slavery. In many instances, modern slavery is a crime of
opportunity for perpetrators. It is often practiced quite
openly, for example, in brick or rug manufacturing or in bars
or brothels.
Under U.S. law, such conditions are defined as the most
severe forms of trafficking in persons, including forced sexual
servitude of minors and adults and persons in bonded and other
forced labor conditions. Women, children, and men alike are
subjected to involuntary labor or sexual exploitation.
According to a leading nongovernmental organization, forced
labor accounts for 74 percent of victims, and forced sexual
servitude accounts for 26 percent of victims. Women and girls
are especially vulnerable, accounting for 54 percent of
victims. Children under the age of 18 account for 26 percent of
victims.
We have been to countries and met with people who have
survived this horrific experience, and heard from people who
work to end modern slavery. U.S. Government and private
philanthropic funding are spurring increasingly sophisticated
efforts to combat modern slavery. There is a growing consensus
that in order to end the practice of modern slavery, reliable
baseline data and consistent and effective monitoring and
evaluation are needed to deal with this issue. Leveraging and
coordinating private and government funding are also seen as
key challenges by many in the antimodern slavery community.
Today we will explore these questions to help inform our
thinking on how we can maximize our efforts and take them to
the next level, and to find the best way forward to begin the
process in earnest of putting an end to modern slavery. With
that, I turn to our distinguished ranking member, Bob Menendez.
OPENING STATEMENT OF HON. ROBERT MENENDEZ,
U.S. SENATOR FROM NEW JERSEY
Senator Menendez. Thank you, Mr. Chairman, and thanks for
calling a very important hearing. Human trafficking in the form
of sexual exploitation, forced labor, forced marriage, debt
bondage, and the sale and exploitation of children is one of
the greatest moral challenges of our time. And the numbers are
staggering.
As we speak, there are 50 million refugees and displaced
people in the world, the largest number since World War II. All
are at risk of exploitation, and some will fall victim to human
trafficking. This is not a new phenomenon, but there are new,
more sinister factors exacerbating it. With the growth of
transnational organized crime, the rise of brutal nihilistic
groups, like ISIL and Boko Haram, and sectarian violence
forcing millions to flee their homes.
The International Labor Organization estimates that there
are at least 21 million victims of human trafficking in the
world. Over 5 million of them are children. It is estimated
that forced labor alone generates $150-plus billion in profits
annually, making it the second-largest income source for
international criminals next to the drug trade, making it
obscenely lucrative for unscrupulous labor brokers to induce
people to cross borders, thinking that they are going for legal
work, only to trap them in labor or sexual exploitation.
NGOs and civil society have been doing what they can to
combat human trafficking, and business and governments should
do more to help. Governments can muster more political will,
companies can clean up their supply chains and make that
information public, and the public can be more aware of who
picks the fruit on their breakfast cereal in the morning, or
who slaved in the sweatshop to sell the shirt on their back.
This hearing helps raise that awareness.
And with that, Mr. Chairman, I will look forward to working
with you in the coming months on a bipartisan approach to
ending every form of human trafficking around the world.
The Chairman. Thank you, and I want to thank others for
being here. We will now turn to our witnesses, and we
appreciate the tremendous commitment that they have shown in
this effort.
Our first witness is Gary Haugen, the founder and president
of International Justice Mission, IJM, a global organization
that protects the poor from violence by partnering with local
authorities to rescue victims, bring criminals to justice,
restore survivors, and strengthen justice systems. IJM combats
modern slavery, sex trafficking, rape, police brutality,
property grabbing, and other forms of violence in Africa, Latin
America, South Asia, Southeast Asia.
Before founding IJM, he served as the director of the U.N.
investigation of the aftermath of the Rwandan genocide, and as
a human rights attorney for the U.S. Department of Justice. He
has been recognized by the U.S. State Department as a
trafficking in persons hero. I have gotten to know him
personally, and he certainly deserves that recognition.
Our second witness is Shawna Bader-Blau. I am going to call
you ``Shawna'' if that is okay. [Laughter.]
Shawna is the executive director of the Solidarity Center
in Washington, DC, the largest global worker rights
organization in the United States. Solidarity Center works with
partners and allies from more than 400 unions, nongovernmental
organizations, legal aid groups, and human rights defenders
from around the world to help workers exercise their rights and
improve their working conditions.
Prior to her appointment as executive director, she served
as the Solidarity Center's regional program director for the
Middle East and North Africa, where she worked directly with
victims of forced labor and human trafficking, and with labor
activists and human rights defenders.
Thank you for being here and for sharing your thoughts and
viewpoints today. We would like to remind you that your full
testimony, full statements will be included in the record
without objection. So if you could please keep your remarks to
about 5 minutes, we would appreciate it so members can engage
you in questions. And with that, Mr. Haugen, if you would
begin, we would appreciate it.
STATEMENT OF GARY HAUGEN, PRESIDENT, INTERNATIONAL JUSTICE
MISSION, ARLINGTON, VA
Mr. Haugen. Thank you, Mr. Chairman, and thank you very
much for your extraordinary leadership in convening this
hearing. I would just like to say that I know that you, the
Senators who are on this committee have before you a whole
world of threats and crises, and it is a fair question as to
whether modern day slavery actually merits this kind of
attention today. As the leader of what is now the world's
largest antislavery organization, I just want to assure you of
three things. Number one, slavery is as brutal as ever. Number
two, it is more vast than ever, but also, thirdly, it is more
stoppable than ever.
So, first, it is more brutal than ever, and it is as brutal
as it has ever been because violence is still at the core of
slavery. Whatever you might have seen of 19th century slavery
in the movie ``12 Years a Slave,'' those horrible scenes still
take place today. In the case files of International Justice
Mission, we have murders, mutilations, kidnappings, rapes,
torture. It is brutally violent. A couple of our clients just
recently had their hands chopped off because they ran away from
their traffickers.
So it is as brutal as it has ever been, but surprisingly it
is vaster than it has ever been. I think the best estimates on
the numbers come from the Global Slavery Index, which put
slavery at more than 35 million, which is three times larger
than all the slaves extracted from Africa during 400 years of
the transatlantic slave trade.
But thirdly, it is more stoppable than at any time in human
history. So why is that? For two basic reasons. Number one,
throughout all of human history, slavery was really the
centerpiece of global economies, and it was perfectly legal,
but these things are no longer true. Free market labor has
prevailed as the dominant model, and slavery is now against the
law. These massive twin battles have been won, and now it is
really just for us to finish the job.
I think there actually is a best way forward, but to go
forward we have to be clear, I think, about one thing. And that
is the answer to the question of why there is so much slavery
in the world today is surprisingly simple. Slavery exists on a
massive scale in the world today because there are huge swathes
of the world where people just do not get in trouble for
enslaving other people. In other words, while there are laws
against slavery in every country, there are countries in which
these laws are virtually completely unenforced. In South Asia,
for instance, if you enslave a poor person, you are more likely
to be struck by lightning than you are to actually go to prison
for that crime.
What the world has to understand about slavery is that it
exists on a vast scale for only one reason, and that is
impunity. Now, to be clear, impunity is not the only reason why
slavery exists. It is the only reason it exists on a vast
scale. Slavery exists in developed countries like the United
States where actual laws are reasonably well enforced. Even
here we can and need to do better because slavery on any scale
is unacceptable, right?
But impunity is not the chief explanation why tens of
thousands here in the United States are in slavery in our
country. It is a more complicated phenomenon. But impunity is
the reason why tens of millions are in slavery in our world.
And this, Senators, is actually good news. Why? Because
impunity can end, and it turns out that when impunity ends, the
vast majority of slavery simply goes away. Why is that? Because
the vast majority of slavery is soft crime. It is what we call
crime of opportunity. You do this because you can. If you can
get away with it, you enslave another person because you can
make a lot of money off of it. But if you are seriously afraid
of going to jail for that, you do not see it as an easy way to
make money, and you stop doing it.
Another way to explain this is to say that slavery is, as
the chairman said, a crime of opportunity, which means it is
highly responsive to risk. Not all crime is like this, but
slavery is, and when there is zero risk, it takes place at a
very high level. But by contrast, crimes of severe social
deviance, for instance, like pedophilia, they take place at a
low level, but they are not very responsive to risk because it
is compulsive behavior. The perpetrators feel like they have to
keep doing it, and it does not respond even when the risk
rises.
Similarly, crimes of desperation. You are hungry, and you
have to steal bread because you think your family has to
survive on that. This is more common, and it is a little bit
more responsive to risk. But still it is not that responsive
because you feel you have to do it to survive. Crimes of
opportunity are totally different, especially a discretionary
economic crime like slavery. Crime of opportunity is highly
responsive to risk and drops off all together when risk becomes
significant. At IJM, we have actually been able to prove this
to be true and quantitatively have measured it. We have
measured trafficking fall off by as much as 79 percent when
impunity ended.
So then, the question becomes, in countries where slavery
is thriving, is it possible to fix broken law enforcement so it
actually enforces the law? At IJM, we have also proven that
this is possible. In countries that even have appalling track
records of poor law enforcement, we have proven that it is
possible to set up vetted police units that do a great job,
fast track courts that bring convictions, and we see the
slavery measurably decrease. This is really hard to do, and it
takes a deep commitment, but it is absolutely possible.
Finally, I would like to say that many times the world gets
confused about fighting slavery because almost all slaves are
poor. And thus we assume that we have to eliminate poverty and
ignorance in order to be able to end slavery. As a result we
either give up on it because that seems impossible, or we try
to harden poor people against slavery by ending their poverty
and their lack of awareness. In fact, we have spent vast sums
on this approach, but it has never measurably reduced slavery.
Why is that? Because the traffickers simply move on to an
almost infinite supply of 2\1/2\ billion other poor people who
are still desperate and unaware of the threats and of the
schemes, and so the traffickers will go wherever they need to
go to find them.
We should, of course, continue to reduce vulnerability by
reducing poverty and raising awareness. Of course. But these
strategies cannot hope to prevail as long as there is an ocean
of impunity. Think of malaria, for instance. Ninety percent of
all malaria deaths occur amongst the poor, and so you can
think, well, we cannot solve malaria until we solve poverty. In
fact, you just need to stop the mosquito from biting the poor
person, and it turns out you do not have to wait for poverty to
end in order to dramatically reduce malaria. Likewise, rather
than trying to end slavery by ending poverty, which we should
do for other reasons in any event, it has proven to be so much
faster, cheaper, and more effective to get the traffickers to
simply stop even trying to enslave others because they are
afraid of going to jail.
I believe it is possible like never before in history for
the United States to lead in a way that is decisive in the
fight against slavery by helping stand up and support a pooled
fund that will combine public, private, and philanthropic
resources that focus specifically on ending impunity and making
sure that those who are poor are not vulnerable. Because here
is what we have learned: that traffickers are not brave. And
currently they walk around in countries where they are as
fearful of going to jail for slavery as they are of being
struck by lightning. And as long as that is the case, slavery
will continue. But I believe U.S. leadership can change that,
and when it does, then slavery will finally be swept into the
dustbin of history where it belongs.
Mr. Chairman, thank you very much.
[The prepared statement of Mr. Haugen follows:]
Prepared Statement of Gary Haugen
Thank you for this opportunity to testify, Chairman Corker. My name
is Gary Haugen, and I am the president of International Justice Mission
(IJM). We are grateful that you have chosen to make the issue of global
slavery one of your top priorities.
As you know, slavery is a crime that inflicts great suffering on
tens of millions of victims every year. It takes many forms, including
forced sexual exploitation, exploitative labor, domestic servitude, and
debt bondage. But all forms of slavery, past and present, share certain
characteristics.
First, slavery is unspeakably violent. Over the past 15 years,
International Justice Mission has investigated thousands of cases of
slavery and worked with local authorities to rescue tens of thousands
of children, men, and women. In virtually every case, perpetrators use
violence and the threat of violence to terrorize victims into
submission and servitude. IJM's clients have experienced kidnapping,
brutal beatings, sexual assault and gang rape, mutilation, humiliation,
and starvation. Many of our clients report that slaveowners and
managers will go to great lengths to track down escaped slaves and
bring them back to the facility to be beaten or whipped in front of the
other slaves to sow terror and docility.
Second, slavery is an economically motivated crime. This orgy of
violence and abuse that factory managers, labor recruiters, brothel
owners, and crew bosses inflict on the vulnerable is for a very
specific purpose. It is for the purpose of generating profits for the
abusers. The simple economic model of reducing labor costs to virtually
nothing by coercing labor generates upward of $150 billion in profits.
A conversation between my staff and a Ghanaian slaveowner
illustrates this simple calculation. IJM's team was conducting a
prevalence study of child labor slavery on Lake Volta in Ghana
recently. The team asked a fisherman who had several young child slaves
on his boat why he didn't use older children for the dangerous and
back-breaking work. He answered without hesitation: ``Older kids eat
too much. And they start to have their own ideas. The young kids are
much easier to control.''
A third common characteristic of present day and historic slavery
is that in all cases there is a perpetrator. Human beings do not
naturally or willingly offer up their bodies and their labor for the
abusive enrichment of another. In all cases, slavery occurs when
vulnerable people are preyed upon by others possessing slightly more
power than they do. Vulnerability alone does not enslave; it requires
an enslaver.
One characteristic that modern day slavery does not share with
historic slavery is its legal status. During the 400 years of the
transatlantic slave trade, slavery was legal. It was legal in the
United States from earliest Colonial days to its legal abolition in
1865. Today, in contrast, slavery is legal virtually nowhere in the
world. Yet there are more human beings in slavery today than at any
previous time in history.
The first half of the abolition agenda--outlawing the crime of
slavery has been accomplished. The second half of the abolition
agenda--making these laws meaningful to slavery's victims--has barely
been attempted.
According to the latest State Department Trafficking in Persons
Report, the governments of the three countries reported to have the
most number of slaves (totaling over 19.5 million, or over half the
world's slaves) reported zero convictions in antitrafficking cases in
2013. Zero.
The obvious question for the committee is this: Why are laws
against slavery so seldom enforced?
In our work, IJM has found that antislavery or antitrafficking laws
are not enforced because the victims are poor and powerless and have
little access to judicial institutions. Perpetrators, in contrast,
frequently have ties to local authorities. In some cases, local police
are paid by local traffickers to look the other way or are actively
complicit in the crime. The overwhelming failure of effective law
enforcement against trafficking and slavery has persuaded many
policymakers that it is simply impossible for police to change. They
have simply given up on the dream of making the protection of law real
for poor people. Thus the bulk of U.S. antitrafficking assistance is
for programs to prevent the crime by making the victim less vulnerable.
Tens of millions of dollars have been spent in public education
programs to teach poor communities about the risks of trafficking and
slavery. Hundreds of millions of dollars are spent on education,
health, and job creation in hopes of insulating potential victims from
exploitation and abuse.
Education, health, and income generation programs are valuable in
their own right. But these funds have not had a measurable impact on
slavery. Why? Because they do not affect the behavior of the central
player in every situation of enslavement and exploitation: the
perpetrator. Perpetrators of trafficking, slavery, and debt bondage,
whether they are unscrupulous labor recruiters in Qatar, brothel owners
in Southeast Asia, or pimps in the United States have one thing in
common. They are making money from the subjugation of others. If they
are not at risk for going to jail for their crime, they will go to
whatever village, slum, city, or state in the world to find the poor
and the vulnerable. But they will stop even trying to enslave the poor
if they are afraid of going to jail.
Consider Ghana, a lower middle income, democratic nation that has
had robust economic growth for the past 5 years. Ghana is a favored
partner of the World Bank, whose current grants, loans, and credits
total $3.49 billion. The U.S. Government is a generous donor, as well,
providing $154 million for health and development last year.
But a third of Ghana's children work, and neither economic growth
nor foreign assistance protects thousands of them from actual
enslavement in fishing, domestic servitude, artisanal gold mining,
begging, and prostitution. Prevalence studies conducted by
International Justice Mission (IJM) on Lake Volta over the past 18
months revealed that 60 percent of the children fishing on the lake
were clearly slaves, bearing tell-tale signs of violence, depredation,
and terror. Ghanaian law prohibits slavery, but slaveowners and
traffickers told IJM undercover investigators that they had no fear
whatsoever of Ghana's antitrafficking police, a force of 150 officers.
They have little reason to: the unit does not own a boat and does not
patrol Lake Volta. Fortunately, the Government of Ghana is committed to
ending this scourge. With training and assistance, the antitrafficking
police unit is an excellent candidate for funding and technical
assistance from the United States and other donors. Once it begins to
rescue kids and apprehend perpetrators, child slavery prevalence will
go down--not because Ghana is less economically disadvantaged but
because traffickers will respond to increasing prospects of
apprehension, conviction and stiff jail terms. Fishing and other
enterprises will have to hire--and pay--adult workers.
We've seen and measured the impact of professional law enforcement
on the crime of child trafficking elsewhere. In 2007, IJM received a
grant from the Bill and Melinda Gates Foundation to begin operations to
reduce child sex trafficking in the Philippines second-largest city of
Cebu. With that support, IJM initiated collaboration with the
Philippines National Police in the country's second-largest city, Cebu,
to rescue minor girls from sexual exploitation and apprehend
perpetrators. IJM contracted with an independent criminal data
collection firm to execute a baseline prevalence of commercial
exploitation of minors in Cebu's substantial sex industry. Over the
next 3 years, IJM and its PNP partners investigated hundreds of
establishments, rescued over 225 victims of trafficking, and
apprehended 77 suspected perpetrators. Because trafficking is a nonbail
offense under Philippines law, those suspects remained in jail, many of
their businesses shuttered. The independent investigators conducted a
midterm study and a final study at the end of the 4-year period. They
found that the availability of minor girls had plummeted by 79 percent
in Cebu.
International Justice Mission has also seen dramatic reduction in
the prevalence of child prostitution elsewhere in Southeast Asia as a
consequence of professional policing. In Cambodia, very young,
prepubescent children were commonly available for sexual exploitation
in the early 2000's. A Cambodian Government study at the time estimated
that 30 percent of those in prostitution were minor children. A decade
later, professional policing by a well-trained and well-led
antitrafficking unit had transformed the sex industry in Cambodia. A
prevalence study by IJM in late 2012 revealed no children under 15
being sold for sex and very few minors age 15-17 in commercial sex
venues.
Cambodia's transformation with regard to commercial sexual
exploitation of children is noteworthy because broader human rights
standards did not improve. Cambodia's Government was not
comprehensively transformed, and it is still a poor country. Change
occurred because the government made a conscious political decision to
enforce its own laws against child prostitution and proceeded to equip
and empower the police antitrafficking unit to do its job. Over 100
perpetrators of child trafficking were convicted and jailed. And
Cambodia's criminal class responded with alacrity: they got out of the
business of selling children.
IJM's experience working with local law enforcement has shown us
that police can improve quite dramatically and are equal to the task of
changing the calculations of those profiting from the sale of others.
As we've seen in Southeast Asia, it is not necessary for police to
apprehend every brothel owner, madam, pimp, or trafficker. A relatively
small number of arrests, prosecutions, and convictions have a
disproportionate impact on criminals who buy, sell, and exploit
children.
The United States has led in the worldwide fight against slavery,
and is fortunate to have some excellent tools with which to do it. The
Trafficking Victims Protection Act of 2000 and the establishment of the
State Department Office to Monitor and Combat Trafficking in Persons
have helped make the issue of slavery a top U.S. foreign policy
concern. The annual Trafficking in Persons Report has been the catalyst
for positive changes by governments on every continent, as has the
leadership of many very fine American diplomats around the world.
We are grateful for Congress authorizing and funding an
antitrafficking innovation: Child Protection Compacts. We have seen
what is possible in our own work when we partnered with local law
enforcement in a collaborative casework model, and stayed in the fight
with them. The Child Protection Compacts reflects this approach, and
offers an opportunity to see real change in the prevalence of child
trafficking in selected focus countries.
But even with the substantial diplomatic and financial resources
the United States has offered over the past 15 years, the global
scourge of slavery requires a global response. IJM is very encouraged
by discussions between the Senate, the executive branch, and
representatives of the private sector about the creation of a new
funding mechanism that would bring new resources to the fight. We look
forward to working with you on this historic initiative.
The Chairman. Thank you.
Shawna.
STATEMENT OF SHAWNA BADER-BLAU, EXECUTIVE DIRECTOR, SOLIDARITY
CENTER, WASHINGTON, DC
Ms. Bader-Blau. Thank you very much, Chairman Corker, and
Ranking Member Menendez, and members of the Senate Foreign
Relations Committee. And I join Gary in applauding this
initiative. It is great to see so many people here today
attending this hearing and such a well-attended committee. So
thank you for your focus on this issue today.
I will focus my testimony on the aspect of modern slavery
that is, in fact, most prevalent, and that is forced labor. The
vast majority of the almost 21 million people in forced labor
are exploited in the private economy. Trafficking for labor
exploitation accounts for 70 percent of trafficked people.
Today instead of shackles and chains, people are now likely to
be enslaved through threats, debt, and other forms of economic
coercion.
The face of modern slavery can be seen in the annual cotton
harvest in Uzbekistan, where the government compels teachers
and children to pick cotton instead of work or study; in homes
in countries as diverse as Lebanon and Singapore where women
are enslaved as domestic workers; on construction sites in
Saudi Arabia where low-wage migrant construction workers from
Nepal and India are trapped in a cycle of debt bondage; and in
Cambodia where young women garment workers are locked in
factories forced to work until they drop from exhaustion and
fear.
Understanding this link between worker rights violations
and forced labor is key to eradicating this horrific human
rights abuse globally. We see this problem as having four core
root causes not currently being adequately addressed that I
will lay out. They start with unsafe migration practices.
Unsafe migration processes and the lack of labor law and other
legal protections for migrant workers make them particularly
vulnerable to forced labor.
While stationed in Doha, Qatar, for the Solidarity Center a
few years back, I met a young man from Nepal who told me he
paid a recruiter $6,000 to get a job there. He was promised a
$400 a month salary, and he received only $250, a portion of
which was docked for food and accommodation. Deceived by the
recruiter in Nepal, he was now tied to his exploitive, abusive
employer by the Kafala system in Qatar, and his visa remained
with him, and he was not able to leave that employer.
We must create an enabling environment for safe migration
as a core way to reduce forced labor globally. This means in
part finally getting serious about labor recruiters. Too many
manipulate and deceive workers for profit. We need to ban
recruitment fees, a primary source of debt bondage and forced
labor, promoting universally respected rights for migrant
workers so they can speak up and speak out when they see abuse
without fear of retaliation. And we need to reform temporary
work visa programs so migrants can leave abusive employers
instead of staying stuck in forced labor.
And I agree with Gary. It is time to end impunity for labor
traffickers. Forced labor is pervasive around the world because
employers who engage in modern slavery face few consequences,
neither criminal nor economic. Prosecutions for forced labor
globally are ridiculously low.
Governments' failure to hold employers criminally
accountable for forced labor means that they traffic workers
with impunity.
But we also need to make forced labor untenable for
governments to allow, and for companies to get away with,
including down their supply chain. Like corporations,
governments also face few economic penalties or consequences
for forced labor. Economic pressure and consequences are
effective prevention tools and can involve carrots and sticks.
For example, many countries with serious labor trafficking
problems continue to receive trade preferences from the United
States. And for Mexico, Brunei, Malaysia, and Vietnam, all
parties to the Trans-Pacific Partnership, TPP, negotiations, we
have a moment now. Lawmakers, in the context of TPP, can work
with the administration to make forced labor and modern slavery
an issue on the table and negotiate improvements in laws and
practices before any new trade agreement goes into force.
Indeed, corporations often argue that it is too difficult or
too expensive to monitor their entire supply chains, and they
need help figuring this out. Well, I agree, but we do need to
start asking why. Corporations have innovated to address
quality across their supply chains. Why not the eradication of
forced labor and slavery, too?
I think we can also promote worker-driven solutions.
Workers are also key to eradicating forced labor and
trafficking in supply chains. They see abuses or may themselves
be exploited on a farm or in a factory. Firsthand reporting of
abuses and exploitation by workers, unions, and rights
organizations shines a light on abusive practices long before a
third party decides to take a look. With rights and protection
against retaliation for exposing forced labor conditions,
workers can help eradicate modern slavery.
We definitely need a far more robust global response, and a
far more robust U.S. Government response. We need significantly
greater focus and engagement to address all facets of the
problem, especially the root causes of forced labor. Our
ultimate goal should be the prevention of this exploitation in
the first place, and that is where we should be redoubling our
efforts.
Last year, my colleagues in Bangladesh conducted a
predeparture training for Bangladeshis traveling to work. Most
of them women headed to the gulf as domestic workers. The
trainers almost matter of factly told these women, you should
know that when you take these jobs, you will more than likely
never get paid what you have been promised. You will likely be
sexually harassed or worse. And you will have no access to
remedy or justice. The class responded back to these trainers,
you know, we know that. We are the third generation of families
making this trip. We know this might be our fate, but we love
our children, and we have no choice but to find a way to
provide for them.
Senators, no one trying to support their families or
themselves should have to assume exploitation is their fate.
We owe it to mothers like these and millions of other
workers like them to fight with them for a world free from
extreme labor exploitation that is forced labor. I look forward
to discussing this with you further. Thank you.
[The prepared statement of Ms. Bader-Blau follows:]
Prepared Statement of Shawna Bader-Blau
Chairman Corker, Ranking Member Menendez, and members of the Senate
Foreign Relations Committee, thank you for the opportunity to present
the Solidarity Center's perspective on effective policy responses to
end modern slavery. We appreciate the committee's continued leadership
in combating all forms of human trafficking globally, including
trafficking for forced labor.
The Solidarity Center is an international nongovernmental
organization (NGO) that promotes and protects worker rights globally,
with programs in more than 60 countries. The Solidarity Center is an
allied organization of the AFL-CIO and a member of the Alliance to End
Slavery and Trafficking (ATEST). Building upon more than 20 years of
experience in the areas of child labor, migrant worker exploitation and
supply chain accountability, the Solidarity Center raises awareness
about the prevalence and underlying causes of forced labor and other
forms of trafficking for labor exploitation, and implements programs
with partners from myriad sectors to combat the problem. These programs
include initiatives that address each of the four ``Ps'' that have
become part of the antitrafficking toolkit: prevention, protection of
victims, prosecution (or as we prefer to describe it, ``rule of law'')
and partnerships. The Solidarity Center has the unique ability to work
across borders, in both countries of origin and destination for
trafficked workers, as we have long-term, on-the-ground relationships
with local partners. Our antihuman trafficking programs span the globe
from Africa (Kenya, Sierra Leone), the Americas (Dominican Republic,
Mexico), Asia (India, Indonesia, Malaysia, Nepal, Pakistan, the
Philippines, Sri Lanka, Thailand), Europe (Moldova) and the Middle East
(Jordan, Kuwait, Qatar).
Because I know the leadership of this committee has the desire to
take an aggressive approach to ending modern slavery around the world,
and because I know that this committee can help us make great strides
toward this objective, I will focus my testimony on the aspect of
modern slavery that is the most prevalent--and that is forced labor.
Most modern slavery today is, in fact, forced labor. That includes
government-compelled labor in Uzbekistan during the annual cotton
harvest; women enslaved as domestic workers in countries as diverse as
Lebanon and Singapore; low-wage migrant construction workers trapped in
a cycle of debt bondage in Saudi Arabia; and garment workers locked in
factories forced to work for hours on end in Cambodia.
While each country we work in has its own unique context, we have
uncovered a common theme. Labor trafficking has, at its core,
violations of worker rights and depends on poor labor standards and
weak protections to persist. Human trafficking is a worker rights issue
because it is linked to various forms of labor exploitation. It is one
of the worst forms of worker abuse. Even when the end result of
trafficking is sexual exploitation, there are more often than not
worker rights issues involved. For example, the Solidarity Center has
assisted victims of sex trafficking in Indonesia who were initially
recruited by unscrupulous labor brokers who deceived them into leaving
their homes by promising them work in the service sector and then
forced them into prostitution--often charging them exorbitant sums for
the privilege. Indeed, the inspiring trafficking survivor who will
speak on the next panel, Ms. Shandra Woworuntu, was by her own account
tricked by a labor recruiter promising a real job, only to be forced
into prostitution. Around the world, unsafe migration processes, lack
of jobs, minimal economic opportunities for women at home and other
forms of economic coercion increase the vulnerability of women to
sexual exploitation.
Understanding this link between worker rights violations and human
trafficking is key to eradicating this horrific human rights abuse
globally. To end forced labor, we must address the underlying
vulnerability of workers to exploitation, expand and enforce labor
laws, and allow workers to organize to monitor their workplaces and
improve their wages and working conditions.
In other words, end worker exploitation to end human trafficking.
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. Forced labor, debt bondage, and involuntary servitude
are severe forms of labor exploitation that continue today in our
modern world, though under a different guise. Instead of shackles and
chains, workers are now enslaved through threats, debt, and other forms
of economic coercion. And it is a seemingly intractable, growing
problem.
More than two decades ago, during a visit to the women's dormitory
at Kuwait University, I met a cleaning woman stocking rooms with fresh
towels. Originally from India, she asked me what I had seen in downtown
Kuwait City: Was it beautiful? She told me she had not been allowed to
leave the dormitory courtyard--itself fully encircled by high concrete
walls--in 2 years. And even though her husband also lived in Kuwait and
drove a taxi in the city, she had not seen him in that same period--men
were not permitted on the grounds of the dormitory. I learned that she
had paid a lot of money to a recruiter to get the job in Kuwait, and
could not leave because of her debt.
Senators, it is beyond outrageous that two decades after she and I
met, indentured servitude is still more the norm than the exception for
millions of migrant women and men like her working as domestic workers,
fishermen, tomato pickers, and garment workers. Today our staff
regularly report heartbreaking stories of modern slavery from the more
than 60 countries we work in around the world. As we will explore in
this hearing, the United States can play an even greater leadership
role in helping to combat such egregious abuse around the world.
While governments used to be the primary perpetrators of forced
labor, today the vast majority of the almost 21 million people in
forced labor globally are exploited in the private economy.\1\ Illegal
profits made from the use of forced labor worldwide amount to $150
billion per year, exceeding the GDP of many countries.'' \2\ Moreover,
trafficking for labor exploitation is far more prevalent than sex
trafficking globally, with 68 percent of the almost 21 million being
``victims of forced labor exploitation, in economic activities such as
agriculture, construction, domestic work and manufacturing.'' \3\
Modern slavery thrives in a context of private actors and economic
coercion. Our response, therefore, must address this context,
recognizing human trafficking as more than just sexual exploitation and
more than just organized crime. We must move beyond the notion that
modern ``slavery is all about bad individuals doing bad things to good
people.'' \4\ We must address what one leading global expert on the
international law of human trafficking,\5\ 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.'' \6\ We must
exert economic pressure as a response and recognize the protection of
worker rights as key to trafficking prevention. We must also reject
policies and practices that institutionalize harmful economic and
business models that increase workers' vulnerability to human
trafficking. 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.
It is within this context that I present our recommendations for
the most effective policy responses to address gaps in U.S. and global
efforts to end human trafficking for labor exploitation.
1. reform unsafe migration practices
Unsafe migration processes and the lack of labor law and other
legal protections for migrant workers \7\ make them particularly
vulnerable to forced labor. And governments clearly lack political will
to do much about it. The potential profits to be made from the global
labor migration business--by government officials, employers,
employment agencies and labor recruiters--seem to trump initiatives to
combat the vulnerability of this at-risk population.
It is common business practice for employers to subcontract hiring
and human resources management to labor brokers or employment agencies.
All too often, labor recruiters compel workers--who have no other
viable opportunities for employment in their home village or country--
to pay exorbitant recruitment fees for the privilege of laboring under
harsh and often inhumane conditions. Many of these migrant workers--
seeking only to work toward a better life for themselves and their
families--end up trafficked into forced labor and debt bondage, a
situation nearly impossible to escape.
While stationed in Doha, Qatar, for the Solidarity Center a few
years back, I met a young man from Nepal who told me he paid a
recruiter $6,000 to get a construction job in Qatar. Promised a $400
monthly salary, he was paid only $250, a portion of which was docked
for food and accommodation. Due to the kafala system, his visa was tied
to his employer and he had no choice but to stay. Despite the proven
connection between recruitment fees and vulnerability to forced
labor,\8\ governments and businesses are institutionalizing these
practices through increased temporary migration programs and the under-
or non-regulation of labor recruiters. Moreover, many governments
around the world are complicit in trafficking by labor recruiters by
(at best) failing to regulate them or monitor their practices, or (at
worst) accepting bribes to turn a blind eye or actually becoming
involved in the recruitment of workers for profit themselves.
From poor Bangladeshi women providing household services in
Jordanian homes to Nepali construction workers building soccer stadiums
for the World Cup in Qatar, and from Cambodian men on Thai boats
working to put fish on American grocery store shelves to Mexican
workers processing seafood under H-2B visas along the U.S. Gulf
Coast,\9\ migrant workers around the world are vulnerable to
trafficking through the unregulated and unmonitored practices of labor
recruiters, even when they migrate through legal channels, with valid
visas.
Antitrafficking activists around the world, and in the United
States, point to reform of labor recruitment processes and the
regulation of labor recruiters as one of the most important initiatives
to prevent human trafficking around the world. To this end, the
Solidarity Center is working with a coalition of NGOs, trade unions,
academics/researchers, and other migrant rights activists to call for
global labor recruitment reform, and a commitment from international
labor migration policymakers (like at the Global Forum on Migration and
Development), governments and businesses to implement a global ``no
fees'' policy for migrant workers. We need a global effort to
permanently ban recruitment fees.
We are seeing progress, including the Federal Acquisition
Regulations on Ending Trafficking in Persons (for federal contracts)
released just last week; the International Labor Organization (ILO)
Protocol and Recommendation on Forced Labor adopted after tripartite
negotiations in June 2014; and California's law, SB 477, which requires
foreign labor contractors to register with the Labor Commissioner.\10\
The notion that migrant workers should not have to pay recruitment fees
to find a job is increasingly accepted in policy circles. Even a few
multinational corporations have adopted ``no fees to workers''
policies.
Congress can continue to play an important leadership role in
ending forced labor by passing a comprehensive law to regulate foreign
labor recruiters who hire workers through U.S. nonimmigrant visa
programs, such as H1, H2 and J1. The Senate's passage of Subtitle F:
Prevention of Trafficking in Persons and Abuses Involving Workers
Recruited Abroad and similar provisions in Subtitle I as part of S. 744
(Immigration Reform) in 2013 is a significant step forward in
addressing this issue. In the House of Representatives, H.R. 3344,
introduced last year by House Committee on Foreign Affairs Chairman, Ed
Royce, is modeled after Subtitle F and has bipartisan support, with
over 70 cosponsors. Unfortunately, a few large sponsoring companies are
opposing these bills, sacrificing poor workers for the bottom line.
Still Congress has a real opportunity to enact legislation that could
end fraud in our nonimmigrant visa programs and prevent trafficking in
the labor recruitment system. Not only will such a law help protect
migrant workers in the United States, but it also will serve as a
powerful model for other countries, and may influence international
labor migration policy.
2. end impunity for labor traffickers
Systematic abuse of migrant workers, rising to the level of forced
labor and human trafficking, goes virtually unpunished throughout
world. The State Department's 2014 Trafficking in Persons Report
provides numerous examples of governments' reluctance to hold employers
accountable for trafficking in their workplaces. And the Los Angeles
Times,\11\ in a December 2014 series on working conditions at Mexican
farms that ship produce to U.S. supermarkets, found that one of
Mexico's largest growers routinely withheld wages from workers, housed
them in rat-infested facilities and allowed bosses to beat workers who
tried to escape. Two company employees were even charged with human
trafficking. The government levied fines against that farm, Bioparques
de Occidente, but after the uproar subsided, those fines seem to have
melted away. The men accused of trafficking have not been tried nor can
the charges against them be confirmed.
Immigration officials around the world regularly categorize migrant
workers who are labor trafficking victims as undocumented or ``out of
status'' workers and deport them. Police and labor inspectors often
view involuntary servitude, debt bondage, or forced labor in sectors
such as agriculture, domestic work, construction, manual labor and
manufacturing as ``mere worker rights violations'' that do not require
their intervention.
Even in the rare cases when labor trafficking is identified and
charges brought, the labor recruiter is blamed and not the employer who
also perpetrates the exploitation. This lack of political will
translates into pathetically few cases of human trafficking for forced
labor or other forms of severe labor exploitation being prosecuted
globally. According to the 2014 Trafficking in Persons Report, there
were only 9,460 prosecutions and 5,776 convictions for trafficking
globally in 2013; of these, only 1,199 cases of forced labor were
prosecuted. Governments' failure to hold employers accountable
criminally for forced labor means that employers can exploit workers
with impunity, and an important trafficking prevention tool goes
unutilized.
Solidarity Center partners face this lack of political will to
prosecute forced labor on a daily basis in their work. For example, our
partner in Thailand, the Human Rights and Development Foundation
(HRDF), is currently pursing cases on behalf of four Burmese migrant
workers who were trafficked onto fishing boats after paying exorbitant
recruitment fees to brokers. Two of the workers tried to commit suicide
by jumping off of the ship. Though these cases have been going on for
more than a year and HRDF has collected significant evidence, Thai
police have yet to charge any broker, boat captain, or boat owner for
the abuses.
When cases are prosecuted, they often result in small fines and no
jail time for the perpetrators--barely a deterrent for exploitative
employers reaping vast profit from the misery of others. Other cases
may get put on hold for years while perpetrators are out on bail.
Moreover, whistleblowers, in the form of trade union or NGO activists,
journalists and migrant workers, often face retaliation for raising
issues of forced labor and corruption linked to human trafficking.\12\
While public awareness campaigns and education for at-risk groups
are important tools for prevention, one of the key ways to prevent
forced labor is to create an enabling environment through the rule of
law that promotes transparency and accountability. Increasing
prosecutions and convictions, and imposing harsh penalties (including
significant jail time and economic restitution) may be an even more
effective prevention tool. Workers must have easily accessible avenues
to report violations and attain justice, without fear of retaliation--
and government officials must be trained and encouraged to respond
quickly and effectively.\13\
The Solidarity Center sees the low levels of forced labor
prosecutions, lack of political will and impunity as evidence of many
governments' dismissal of forced labor as a serious issue. Labor
migration is seen as a profitmaking mechanism, for employers, owners of
recruitment agencies and government officials, and human trafficking as
just an unfortunate consequence.
3. monitor and enforce laws regulating forced labor in supply chains
Given our globalized economy, the link between worker exploitation
and human trafficking in the context of forced labor perpetrated by
private actors through economic coercion means that products made with
forced labor are ending up on our store shelves. And, governments and
businesses are doing little to ensure that supply chains are untainted
by forced labor and human trafficking.
In general, it is difficult to quantify the extent of forced labor
in global supply chains. But as those supply chains reach down to more
and more suppliers, the chances that trafficked people are in the labor
force increase. For example:
When buyers and multinational corporations demand cheap or
unrealistic pricing structures from suppliers, severe labor
abuses, including forced labor, often result in their supply
chains.\14\
Similarly, when employers contract out or hire unregulated
subcontracted suppliers, or rely on labor recruiters and
employment agencies, they should not be surprised to find that
they have trafficking victims in their production lines.
When employers refuse to enforce or claim that it is too
difficult to monitor adherence to core labor standards in their
supply chains, the probability that they will find forced
labor, debt bondage, and other severe forms of labor
exploitation increases.
The U.S. Government has two important resources at its disposable
to monitor industries in countries with a high prevalence of forced
labor and vulnerability to other forms of modern slavery. The annual
Department of State's (DOS) ``Trafficking in Persons Report'' and the
Department of Labor's (DOL) ``List of Goods Produced with Child Labor
or Forced Labor Report'' are excellent resources to help identify
vulnerable economic sectors for forced labor. Products identified on
the DOL's list from countries identified by DOS as having significant
labor trafficking problems, however, continue to enter the United
States, meaning that in all likelihood the U.S. Government is allowing
imports of products made with forced labor.
In 2008, the Solidarity Center released a report as part of its
Degradation of Work series titled, ``The True Cost of Shrimp: How
Shrimp Industry Workers in Bangladesh and Thailand Pay the Price for
Affordable Shrimp.'' Thailand is one of the main exporters of shrimp to
the United States. The report uncovered major human rights abuses in
the industry: unpaid wages, unsafe and unhealthy workplaces, child
labor, forced labor, physical intimidation, violence and sexual abuse.
Seven years later, little progress has been made to clean up the
industry, as reports continue to surface about human trafficking of
migrant workers in the fishing and seafood-processing sector in
Thailand.\15\ ``The Guardian'' found that such forced labor plays an
integral part in the production of shrimp sold in leading supermarkets
around the world, including in the United States, in stores such as
Walmart and Costco.\16\
And despite U.S. laws that prohibit the importation of goods made
with forced or child labor, Thai shrimp continues to be found at major
U.S. retailers and in consumers' freezers. Mexican chilies, more easily
plucked by children's hands from 3-foot plants,\17\ are processed into
salsa for U.S. dinners. Similar concerns may be raised about products
such as ready-made garments from Haiti and Jordan, or electronics from
Malaysia.
The U.S. Government must do more to ensure that multinational
corporations are held accountable for their practices abroad. And we
must increase government scrutiny of imports to ensure goods made by
forced labor are not allowed into the U.S. marketplace. This type of
economic consequence will be a catalyst for change.
The 1930 Tariff Act prohibits the importation of goods into the
United States made with forced or child labor. This law, however, is
rarely enforced as the ``consumptive demand exception'' weakens it. As
required by the 2005 Trafficking Victims Prevention Reauthorization Act
(TVPRA), the U.S. Department of Labor ``maintains a list of goods and
their source countries which it has reason to believe are produced by
child labor or forced labor in violation of international standards.''
\18\ Even though many of the goods on the list are produced for export
by the identified countries, the list has not been used to enforce the
Tariff Act.
Moreover, U.S. Immigration and Customs Enforcement (ICE) must
notify foreign governments of its intent to inspect workplaces that
export products to the United States. Such notification results in the
``cleansing'' of workplaces to remove any signs of trafficking or
forced or child labor. Moreover, U.S. law does not allow evidence
collected by unions, the media, or nongovernmental sources to be the
basis for restricting the importation of products made by trafficked or
forced labor. This must be reformed. The Department of Homeland
Security must review and rework the role of ICE in overseas
inspections.
Many countries that have been shown to have significant labor
trafficking problems continue to receive trade preferences from the
U.S. Government. Mexico, Brunei, Malaysia and Vietnam, four countries
with significant forced labor problems, are part of the Trans-Pacific
Partnership (TPP) negotiations. Lawmakers have a significant
opportunity in the context of TPP to call out forced labor and modern
slavery in these states and negotiate over improvements in laws and
practices before any new trade agreement goes into force. If we really
want new tools in the struggle against modern slavery, Congress can
urge the administration to use the leverage it has right now to
negotiate meaningful changes to laws and practices before the agreement
takes effect, not after--and to ensure any final trade deal includes
vigorous monitoring and enforcement standards.
Congress should also encourage and support the U.S. Trade
Representative (USTR) to suspend Generalized System of Preferences
(GSP) and other trade benefits for any country that does not
effectively address forced labor. Economic consequences are key to
eradicating forced labor. And countries that are habitual abusers of
vulnerable workers should face trade sanctions. Moreover, bilateral and
multilateral trade agreements should contain labor standards and
protections to prevent trafficking, ensuring those standards apply to
all workers, including migrants.
4. promote worker-driven solutions
Multinational corporations' codes of conduct--which are voluntary
and unenforceable--have failed to protect workers from forced labor in
supply chains. Solidarity Center staff see examples of this first hand
in garment/textile, agriculture, and seafood processing across four
continents. Research shows what does NOT work: private, voluntary
corporate social auditing and other traditional ``corporate social
responsibility'' (CSR) approaches have proliferated over the last 20
years but on the whole have failed to adequately address labor
exploitation and modern slavery in global supply chains.\19\
Indeed, despite their codes of conduct, corporations often argue
that it is too difficult or too expensive for them to map and monitor
their entire supply chains. However, in the case of Mexican tomatoes,
the Los Angeles Times reporter and a photographer--on a newspaper
budget--managed to track gross violations throughout the export
agriculture industry, including child labor, and follow supply chains
to U.S. grocery stores. In addition, the Times reported the regular
presence of buyers inspecting produce, just feet from abused
workers.\20\ Obviously, whatever corporate social responsibility
guidelines those companies have in place carry little weight--and other
pressure is required.
Companies can and should do more. Secretary of State John Kerry
summed up the situation last week, at the White House Forum on
Combating Human Trafficking in Supply Chains: \21\ ``Governments can
lead the way in ensuring that suppliers and contractors are held to the
highest standards and adopt the highest standards. Companies can
enforce regulations against human trafficking throughout their supply
chains, and that includes the production of raw materials, labor
brokers, contractors, and subcontractors throughout the final
product.''
Still, workers are key to eradicating forced labor and trafficking
in supply chains. Workers see abuses or may be the exploited on a farm
or in a factory. We know that firsthand reporting of abuses and
exploitation by workers, unions, and rights organizations shine a light
on abusive practices through on-the-ground investigations and worker
whistleblowing. It is crucial that the U.S. Government support
monitoring and the efforts of workers to report human rights violations
in their own workplaces, without fear of retaliation. Ultimately,
workers and trade unions must be empowered to monitor supply chains
because history shows that abuses in the workplace only end when
workers can assert their rights under ILO conventions and national laws
are respected. Employers and governments must therefore support and
respect the freedom of association for workers.
We should embrace proven worker-driven models of corporate
accountability like the Coalition of Immokalee Workers' Fair Food
Program, which is an excellent example of how economic consequences can
help to eliminate forced labor and other forms of labor trafficking in
an industry.\22\ Governments should impose trade restrictions, import
bans or other penalties on products made with forced labor, and
multinational corporations should exert their significant power as
buyers to hold suppliers accountable to supply chains free of forced
labor.
Finally, freedom from forced labor and slavery are established
human rights principles. The United Nations Guiding Principles for
Business and Human Rights provide a powerful and inclusive baseline
that can be employed in the global fight to end modern slavery.\23\
toward a robust u.s. government response
Addressing the role of private actors in forced labor and modern
slavery that is perpetuated through the use of economic coercion
requires an integrated approach--promoting worker rights, increasing
access to justice, ensuring safe migration and focusing on economic
growth that promotes shared prosperity. It is also requires an
integrated approach by government.
The U.S. Government has shown true leadership in the global fight
against human trafficking, including expanding the understanding that
human trafficking is also about labor exploitation. But as we continue
to learn about the scope and magnitude of modern slavery, we know that
much remains to be done. We need significantly greater resources, and
we need approaches that address all facets of the problem, and
especially the underlying root causes of human trafficking. While it is
crucial to identify and protect victims, prosecute perpetrators, our
ultimate goal of course is to prevent the exploitation in the first
place.
The U.S. Department of State's Office to Monitor and Combat
Trafficking in Persons (J/TIP) plays an absolutely crucial role in
pressuring and supporting governments around the world to address
modern slavery. The effectiveness of the J/TIP office given its small
size is commendable. Importantly, and with bipartisan consensus, it has
raised the profile of forced labor and human trafficking within our
government and has had unmatched influence on how multilateral
institutions, private actors, and governments around the world define
and address the scourge of modern slavery. The tier rankings and
accompanying diplomacy provide one of the most effective tools the
United States government has for promoting accountability to human
rights in our entire foreign policy agenda.
As a lifelong activist and passionate defender of human and labor
rights, I can tell you how refreshing it is--and how incredibly unusual
it is--to see such regular coherence of policy, diplomacy, and program
support for work on the ground around the world that comes out of J/
TIP. J/TIP receives less than $20 million a year for its grantmaking
program. Increased resources for J/TIP could greatly expand its ability
to coordinate the U.S. Government response to trafficking, and allow J/
TIP to focus more of its attention on prevention efforts globally. And
it is absolutely crucial that the new Ambassador for the J/TIP office
be committed to addressing both labor and sex trafficking; be able to
take on recalcitrant governments; and be a unifying, not polarizing,
force in the antitrafficking movement.
And this committee also oversees other agencies in the U.S.
Government that are fundamental to combating forced labor around the
world. They include the State Department's Bureau of Democracy, Human
Rights and Labor (DRL), which promotes human rights, including worker
rights, as a way to prevent human trafficking. DRL could do much more
to help eradicate modern slavery if it was given the policy direction
and resources to mainstream the promotion of the migrant rights agenda
further within the Department of State and U.S. embassies. The
Department of Labor's Bureau of International Labor Affairs (ILAB),
which provides technical assistance to governments on how to implement
and enforce core labor standards as a way to prevent forced labor and
child labor, is responsible for producing the annual List of Goods
Produced with Child Labor or Forced Labor required by the Trafficking
Victims Protection Act (TVPA). ILAB engages with businesses and workers
to address root causes of forced labor, and has championed the
importance of using rigorous data collection and analysis in this
struggle. The U.S. Agency for International Development (USAID),
through its Counter-Trafficking in Persons (C-TIP) policy and country
based programs, is finding ways to integrate antitrafficking
initiatives into all of USAID's strategic objectives. Despite the clear
connection between economic, social, and democratic development and the
prevention of severe forms of labor exploitation, all of these agencies
are too understaffed and underresourced to address the scope of the
problem.
Finally, we are encouraged that the Senate is discussing ways to
spur a bold and more aggressive global approach to ending these
enduring horrific human rights abuses that are the focus of the hearing
today. A successful new initiative will:
Prioritize an approach that addresses all forms of
trafficking, e.g., sex trafficking and labor trafficking.
Embrace principles of transparency, accountability, and
survivor leadership in interventions; ensuring that trafficking
survivors, civil society, and worker organizations have
meaningful input and participation.
Build on the steady progress of current U.S. Government
efforts, and not rechannel resources that are currently
authorized to combat trafficking domestically and globally, but
rather represent an additional investment by the U.S.
Government to supplement the meager resources available today
in relation to the scale and severity of the crime.
Support coordination among agencies to ensure a
comprehensive, holistic
approach to combating human trafficking. This includes working
in close cooperation with international agencies, such as the
International Labor Organization.
Be linked to the priorities and recommendations in the
annual ``TIP Report'' and the ``List of Goods Report''; and,
reports of United Nations agencies, such as the International
Labor Organization.
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 welcome
your questions.
----------------
End Notes
\1\ ``International Labor Organization (ILO) Global Estimate of
Forced Labor.''
\2\ Profits and Poverty: The Economics of Forced Labor,
International Labor Organization, 2014.
\3\ The ILO estimates that out of the 21 million, 4.5 million (22%
total) are victims of forced sexual exploitation. ILO Global Estimate
of Forced Labor.
\4\ Gallagher, Anne T., The Global Slavery Index--Seduction and
Obfuscation, November 28, 2014.
\5\ Anne Gallagher was named a ``TIP Report Hero'' in the 2012
Department of State ``Trafficking in Persons Report.''
\6\ Id.
\7\ The term ``migrant worker'' is the internationally accepted
term for a person who migrates for employment, whether temporary,
seasonally, or permanently. In the United States, in everyday language,
``migrant worker'' may refer to a seasonal or temporary worker, and
``immigrant worker'' refers to someone who migrates for work on a more
permanent basis or who has residency rights. I will use the term
``migrant worker'' in my testimony to refer to all workers who migrate
for work, regardless of their status or length of stay in the
destination country.
\8\ In its Profits and Poverty report, the ILO found ``the payment
of recruitment fees, even to relatives or friends, leads to a higher
probability of ending up in forced labor.''
\9\ See for example ``Summary of Preliminary Audit of U.S. Walmart
Suppliers that Employ Guestworkers.'' National Guestworker Alliance.
\10\ SB 477: Requires foreign labor contractors to register with
the Labor Commissioner and penalizes intimidation, discrimination, and
other violations to prevent the exploitation of foreign workers.
\11\ ``Desperate Workers on a Mexican Mega-Farm: `They Treated Us
like Slaves' ''. Los Angeles Times. December 11, 2014.
\12\ For example, a U.S. labor rights group, the National
Guestworkers Alliance, found evidence that Mexican workers in one
Louisiana plant were coerced by their employer into working in
dangerous conditions against their will by threatening to harm their
families, specifically their children, in Mexico. The workers
understood this treat to be real as the owner bragged about knowing
``bad people'' who would do his bidding.
\13\ Congress and other governments must pass national
whistleblower protection laws (such as the ``Protect Our Workers from
Exploitation and Retaliation,'' or POWER Act) regarding trafficked and
vulnerable migrant workers. Such legislation would serve as a model for
other governments globally. Also, companies should ensure that there
are worker protections in company policy all along the supply chain,
and advocate to governments for such protections.
\14\ The pricing structure as a cause of human trafficking cannot
be overemphasized, as this is an underlying factor that employers,
business, corporations, and consumers can all address. As described in
the Solidarity Center's report, The True Cost of Shrimp: ``As a
commodity, the price of shrimp fluctuates according to supply and
demand, and price pressure is significant all along the supply chain.
Retailers, sensitive to the risk involved with importing fresh food,
press import companies for faster distribution, acceptable quality and
the lowest prices. Importers, aware that market fluctuations can affect
prices, leverage their bulk purchasing power to demand speedy delivery
from producers. Trapped between producers and importers are labor-
intensive shrimp factories. Often, the factories' response to price
pressure is to squeeze wages, neglect workplace health and safety
regulations, and cut other corners that leave shrimp workers bearing
the social cost of affordable shrimp.'' The True Cost of Shrimp,
Solidarity Center, 2008, p. 11.
\15\ See for example: ``Trafficked into Slavery on Thai Trawlers to
Catch Food for Prawns,'' The Guardian, June 10, 2014.
\16\ See ``Revealed: Asian Slave Labor Producing Prawns for
Supermarkets in U.S., U.K.,'' The Guardian, June 10, 2014. See also
``Thailand's Seafood Industry: A Case of State-Sanctioned Slavery?''
The Guardian, June 10, 2014.
\17\ ``In Mexico's Fields, Children Toil to Harvest Crops that Make
it to American Tables.'' Los Angeles Times. December 14, 2014.
\18\ http://www.dol.gov/ilab/reports/child-labor/list-of-goods/.
\19\ See ``Responsibility Outsourced: Social Audits, Workplace
Certification and Twenty Years of Failure to Protect Worker Rights''
AFL-CIO April 2013.
\20\ ``Desperate Workers on a Mexican Mega-Farm . . . '' Los
Angeles Times.
\21\ Remarks at the White House Forum on Combating Human
Trafficking in Supply Chains. U.S. Department of State. January 29,
2015.
\22\ http://ciw-online.org/slavery/ and http://ciw-online.org/fair-
food-program/.
\23\ The U.N. Guiding Principles were adopted unanimously by the
U.N. Human Rights Council in 2011. They recognize that when it comes to
human rights, the State has the duty to protect, Corporations have the
responsibility to respect these rights, and Victims have the right to
access remedies when violated and provide implementation guidance to
states and corporations.
The Chairman. Well, thank you both. Great testimony and we
really appreciate your efforts in being here and your efforts
regarding this issue.
I have come to believe that through Congress, we can create
and lead a vision to end modern day slavery. I really believe
that. And we have had conversations with both the private
sector and public sector--some partners around the world. I
really believe that, undoubtedly, with the United States behind
it, we can lead, we can solve this, and we can bring others to
the table.
One of the things that I have learned is that many
organizations are adopting best practices, okay? And, Gary, if
I could, my staff has prepared a number of questions, but I was
able to go to the Philippines and see your work there. And I
would just say to the audience and the people here that seeing
the 22 young women that we saw that day, you would have to be
not a human being to sit through that with dry eyes.
I would just like, with my time, if you could just walk
through how you go into a jurisdiction and build from the
ground up the type of effort that you just talked about so that
others might hear.
Mr. Haugen. Thank you, Mr. Chairman. Well, it begins by
where all the best information comes, and that is by actually
walking alongside the victims of slavery. If you do not
actually get close to them and understand their experience, you
just will never be able to serve them in a way that ends
slavery. But it also means having to get to know the experience
of the perpetrators, the people who do this.
What will make them afraid to try to enslave another
person? So what we do is we go and we begin to work cases. We
work with local partners there on the ground. We raise up a
local national team of investigators and lawyers and social
workers, and they proactively go find where are the victims of
slavery. Then we take those cases to the actual authorities,
and we do something we call collaborative case work. We
actually begin to work cases with the authorities.
And what you find out is what is broken in law enforcement
that could be fixed in order to make sure that the law is
enforced because it is thriving because it is not. So, it
requires working these cases through the system and finding
where is it broken. And in that process you make a diagnosis
that is not just about blaming. It is about improving a
capacity.
And so, what we have now seen is that you can improve the
police capacity, the prosecution, the courts, and, critically,
the survivor care services in a way that actually brings hope.
We have seen in the Philippines, for instance, measurable
decreases of sex trafficking of kids by about 80 percent over
about only a 4-year period of time because enforcement kicked
in. We walked alongside them with collaborative case work,
began to transform the system, and then did what we are doing
now, which is making sure that the community owns and imbeds
that victory so that it goes on without IJM's engagement.
What has happened in the Philippines, the success in the
second-largest city so inspired the government to then continue
this model in Manila, the largest city, and Pampanga, another
city that had the largest sex trafficking of kids. And so, what
you do is you restore hope to the system, and law enforcement
can actually do its job.
We did not have to substantially reduce poverty in the
Philippines over those 4 years. Other programs were getting
after that, and that is important in reducing their
vulnerability. But we did not have to wait for that to happen
to see a nearly 80 percent reduction in the victimization of
kids in the commercial sex trade. Is that helpful, Mr.
Chairman?
The Chairman. So, the question is, I mean, as we begin to
look at doing something, mobilizing on a global scale, is what
you have done there, in your opinion, something that can be
replicated around the world where slavery is just a part of the
culture there?
Mr. Haugen. We have no doubt about that. Some places will
be harder than others. We are working in South Asia, Southeast
Asia, Africa, Latin America, really different contexts. But one
thing is certainly true. It seems like a culturally acceptable
practice as long as no one gets in trouble for it. But when
people start to get marched off to jail for it, everyone starts
to realize, oh, yes, this is against the law. The law can
actually be enforced, and I do not want to be in this business
anymore.
That is a transferrable concept. We have seen it now
replicated due to some private financial support in South Asia
that has allowed us to replicate to now dozens of other
organizations who can do the exact same thing.
The Chairman. You know, you compared this to malaria. We
have had some of the same results in PEPFAR because we have
continued to focus on treatment, although there is always a
push, as you mentioned earlier, to sort of move out into other
areas. But if you focus on treatment, then you have the kind of
results, and we have been able to do that. This committee has
been able to make sure that the focus is on treatment.
One of the things that I think people would be concerned
about is how do you know you are achieving the results that are
laid out with an issue like this? Could you talk to us a little
bit about how you set the base and how we can actually measure
the results in a way that if we were to lead an effort like
this, we would know that we were actually achieving results?
Mr. Haugen. This is absolutely critical, Senator, as you
think about stewarding the taxpayer's money, of making an
investment in the fighting against slavery. Could you actually
measure that it is working? This has never been done before
until the last decade where we now can go into communities and
do prevalence studies. We can measure how much sex trafficking,
forced labor is actually taking place by infiltrating the
criminal networks who are operating and get a baseline. Then
you can carry out your intervention and measure at a halfway
point, and then at the end, whether or not there has actually
been two things: one, an increase in the performance of the
criminal justice system in enforcement, and then a correlated
decrease in the prevalence of the slavery.
I do not think we should be going forward with significant
investments in fighting slavery unless there is measurement
about whether or not those efforts are succeeding. Are they
suceeding in trying hard? No. In lots of activity? No. In
training at fun days at the Sheraton? No. But did it actually
measurably reduce the amount of slavery over time? That is now
possible, and that is the huge development that now gives us a
moment in history to get rid of slavery.
The Chairman. And in closing, Shawna, in listening to that,
I know you have had a tremendous amount of experience in supply
chains and efforts in that regard. Do you think we are at a
point in time where we can measure success and that these types
of best practices can be multiplied in other places around the
world?
Ms. Bader-Blau. I absolutely do, and I do agree that the
United States has a very important role to play here. In fact,
the agencies of the U.S. Government and departments of the U.S.
Government that are focused on forced labor and trafficking,
woefully underfunded as they are, have been making some good
innovations in these efforts. The Department of Labor's
International Labor Affairs Bureau, for example, has focused
more on data collection, and monitoring, and best practices,
and replication.
I would say that the TIP office of the State Department, I
think it is, in fact, and I can say this having looked across
our foreign assistance framework. Our work out of the TIP
office, as underfunded and small of an effort as it is compared
to what we need in the world, is one of the places where we
have a very coherent policy and programmatic orientation where
together policies and programs and directed in the service of
diplomacy fighting this scourge globally. And if we could bring
more resources to that fight, I think that office could do a
lot more as well.
The State Department, the Bureau of Democracy, Human
Rights, and Labor, has a role to play on root causes and
identifying root causes around the global migration problem.
Some of the issues I discussed around recruitment fees and
the extreme labor exploitation and forced labor conditions of
domestic workers, for example, that we see in the gulf. Our
diplomacy should be much more robust and aggressive on tackling
the root causes of this very difficult form of modern slavery
that is hard to eradicate, but is the real truth of the lives
of domestic workers in dozens of countries around the world.
So, there are programs that work and can be replicated. And
I would really enjoy working with the committee to flesh some
of those out. I can name just one really quickly. In Florida,
you will know of the program of the Coalition of Immokalee
Workers, Fair Food Program, working with several international
U.S.-based companies has figured out a way to eradicate forced
labor in tomatoes in Florida through a program jointly with big
buyers. And that has been a really successful, highly regarded
program. It is actually a worker-driven program. It is called
the Fair Food Program there in Immokalee, FL.
We also had a great experience in Liberia on the
Bridgestone Plantation where for decades we had a very bad
problem with child labor there. And with the democratic opening
at the end of the civil war in Liberia and the emergence of
civil society in the country, an organization formed there, the
Firestone Agricultural Workers Union of Liberia. They were able
to work with the company to lower quotas that were causing all
these children to have to work with their families in order to
meet the quotas, and they lowered these quotas through
bargaining. Together they lowered the quotas that were demanded
of each worker, so husbands did not have to bring their
children and wives to help them meet these quotas. And in so
doing, they created a new stream of funding to pay for schools
on that planation, and today child labor has been eradicated on
that plantation. It is really a success story that we could
invest in and a model we could work on globally.
The Chairman. Thank you for that full answer, and I am
sorry I went over just a little bit. As we turn to our
distinguished ranking member--thank you both again--Senator
Menendez.
Senator Menendez. Thank you, Mr. Chairman. Mr. Chairman,
you get to go over as long as you want as far as I am
concerned. In any event, thank you both for your testimony and,
more importantly, for your work.
I want to start with you, Mr. Haugen. Basically, I heard
your overarching theme is that we have to end impunity if we
want to end slavery at the end of the day, modern day slavery.
And so, that to me means in addition to the infrastructure that
your ministry has built and working on creating the access to
those who are the victims of slavery, bringing their stories
and information to light, it means governments have to have a
willingness to fight because impunity ultimately prevails if
governments are not willing ultimately to prosecute.
So I heard you in response to the chairman talk about how
some of the work that you have done has helped governments
incline, but have you found governments that are not inclined
to put a priority to the question of ending impunity in modern
slavery? And if so, how do we break through with those
governments?
Mr. Haugen. Sure. To be clear, I think in every setting
where we have started, the government was disinclined to invest
in this effort, so we are always up against the lack of
political will. Three things have been super powerful. One is
rallying the local community to demand that their local
government do a better job, and there are heroes, local
organizations, leaders that can be rallied to that, and we have
seen that shift. And what you do is you end up giving them a
lot of the evidence and clarity about the nature of the
problem.
Secondly, international influence matters tremendously. So
in countries like the Philippines and Cambodia, it mattered
tremendously that this was a priority of U.S. diplomatic
interaction. We saw the situation change from not being an
interest at all to the local government, to becoming a huge
interest.
The third thing that is really quite interesting now is
that the private sector has a powerful role to play because
there are very, very large international corporations that
carry reputation exposure because they have forced labor in
their supply chains. And so, now they are getting a lot of
proper pressure, and there are things they can do to take care
of it themselves. But what they also can do is to begin to turn
their attention to those local governments and say, hey, we are
getting all this exposure because you do not enforce these laws
at all. To begin to direct that kind of influence will matter.
The fourth thing that matters tremendously is demonstrating
what is possible. A lot of what looks like a lack of political
will is despair. They do not think it is possible to get the
police to actually enforce the laws without corruption and with
excellence. We have seen that once you put together a unit that
can do that and demonstrate it is possible, people get a vision
for it, and things move very fast.
Senator Menendez. And when you were talking about creating
community support, I would assume those are individuals who are
not the victims of trafficking, but others in the community who
bore the slavery and trafficking that is taking place, and try
to create a change in their government. Is that right?
Mr. Haugen. Absolutely, local organizations.
Senator Menendez. And let me ask you this. What can we do
from your experience, what can governments, and the private
sector, and the public sector do to increase protections for
potential trafficking victims during conflicts, which
increasingly seems to be one of our challenges?
Mr. Haugen. Yes, that is, I think, the largest challenge
for us is trying to address trafficking in sectors where there
is no rule of law. It is a failed state. It is a conflict zone.
One of the things that absolutely we can begin to do much
better is what Shawna alluded to is make sure that those who
are fleeing those conflicts and are refugees, displaced people,
to make sure that they are just not in floating circles of sort
of lawless chaos, that there are ways to make sure that they
are reasonably well protected, and so that we look to see
whether or not there is actually law enforcement that is
protecting those populations and regulation of the treatment of
those that are fleeing those zones.
I am not going to tell you that it is going to be possible
to effectively enforce these antislavery laws in places where
there is an ongoing war. But we can reduce the vulnerability of
those who are displaced by it, and we can go to the places
where most of the slaves are, which are not conflict zones.
They are reasonably peaceful, stable countries where simply
they do not actually enforce the laws against slavery. That is
where the tens of millions are.
Senator Menendez. Ms. Bader-Blau, I am interested. You
mentioned Qatar as one of your examples. In January, I sent a
letter to the Secretary of State with our concerns about the
realities of forced labor and foreign labor during Qatar's
infrastructure projects in advance of the 2022 World Cup. And
while we applaud Qatar for winning the site of the World Cup,
we also know that in this lead-up to the dramatic
infrastructure work that needs to take place, there are real
challenges to some of the workers who are falling in the same
type of slavery that you acknowledge. So I will look forward to
seeing the Secretary's response to that.
So, you gave some pretty powerful examples of what workers
themselves can do as it relates to trying to end human
trafficking and slavery, particularly in the labor context.
What more can governments do to end forced labor in the supply
chain, and what more can the private sector do? Mr. Haugen said
that there is a powerful incentive for the private sector to
get it right because they do not want to have their brand
tarnished. In a different context, I have been pursuing this
with workers in Bangladesh. The question I want to know from
you from your perspective, what can the governments do to
create a more powerful action against the impunity, and also
what can corporations do.
Ms. Bader-Blau. Thank you, and I think those are the key
questions really. You know, if I could start with government
and if I could start with our own government, you know, looking
at--you started with the example of Qatar. In fact, the entire
gulf has a problem with extreme forced labor, Saudi Arabia
being a major challenge as well as the United Arab Emirates and
Kuwait. The whole gulf has this problem.
When I spent time in the gulf, what I found is when you
talk to migrant workers, they say that their governments where
they come from do not do anything to help them. And when you
talk to the governments privately, what they tell you is, well,
you know, if we tell Saudi Arabia or Qatar that we demand a
minimum wage of $350 a month for our construction workers, they
will just say we will not take you, we will take Burmese
workers instead. And so, there is a power dynamic between the
wealthy countries that are importing labor and the home
countries that view migration as an important development tool
for themselves. It is a commodification really of the poorest
people on the planet through this system.
And I think the United States could actually fill a major
gap here working with other major countries to get the home and
host countries together that are playing this very, very bad
race to the bottom game with the lives of very, very poor
people around the world, and say, look, stop this race to the
bottom. The Burmese construction workers are cheaper than the
Indians, are cheaper than the Nepalese. Have a convening of the
home country countries and talk about how that leads to forced
labor and trafficking.
I think we also really need to address this question of
recruitment fees, and the United States can do so much more on
this question. I cannot tell you how many people I have met in
my experience who say the reason I have to stay in the
despicable working conditions I am, and the people we do not
see that I could not even meet because they are trapped in a
home and are not allowed out, is because they owe tens of
thousands of dollars in some cases to recruiters.
This recruitment agency around the world, these agencies
need to be better regulated, and we need to play a bigger role
in that. They operate often under the radar in an illegal
manner. They are not regulated by their states. They often
operate with mafia-like tendencies in many countries and extort
money from very desperate people. Without any focus on any
regulation on the recruitment industry, the chance that we are
going to end this part of slavery that is debt bondage and
forced labor is very, very low. So I think we could play a very
serious leadership role there.
In terms of corporations, I think corporations are really
the key since most forced labor today is in the private economy
around the world, and I think the question of supply chains is
a tough one. There is endless subcontracting out that happens
to keep prices down. Well, the real question is, at what point
do we say to ourselves that it is time for corporations to say,
yes, I agree, I would like to eradicate forced labor in my
supply chain? I am going to make this a priority, and I am
going to hold myself accountable to this. And so, therefore, I
am going to make the entire chain transparent. I will let
everyone know who our subcontractors are. And I will, as a CEO,
I will guarantee that we are going to work directly with each
subcontractor down the chain to make sure that they prove there
is no forced labor and no slavery there.
We have been able to achieve amazing innovations in the
private sector through incredibly good focus on quality control
through supply chains. I know that we can do this to end forced
labor as well, and I think this committee could play a real
role in that regard. I think there are a lot of good examples
there to be had.
Senator Menendez. Thank you. Thank you, Mr. Chairman.
The Chairman. Thank you. Thank you, Senator.
Senator Risch.
Senator Risch. Thank you very much, and thank you for your
testimony. One thing that you did not pay much attention to,
something that struck me in the years I have been on this
committee and on the Intelligence Committee, is a condition
around the world that most Americans really are unaware of, and
probably would be surprised that in the United States and only
a handful of other countries, bribery is not acceptable.
In listening to witnesses from all over the world talking
about the issues that they have, particularly when it comes to
nonenforcement of laws, bribery seems to be ubiquitous around
the world. And obviously the less money there is, the more
powerful money becomes. A person who wants to stay in power, be
it through votes or whatever else, will ignore the rule of law
in order to garner votes. And it surprises me how ubiquitous it
is, how acceptable it is, how in parts of the world it has
quasi-legal status, even legal status in some parts of the
world.
So, what do you do when you run into this? First of all, is
this an area of your concern, and secondly, what do you when
you run into that where, okay, you have found the problem, you
have identified who the people are, who the actors are. You
have got a law that is on the books. And, like you said, there
is reluctance on the government's part, and probably at least
on occasion that it is a result of bribery. What do you do in
that kind of a--first of all, how common is this, and then,
secondly, what do you do with it? Mr. Haugen first.
Mr. Haugen. Just to affirm, Senator, it is massively
common. Every context we have gone into we have seen
overwhelming police corruption, corruption of the criminal
justice system, which gets paid not to enforce the law. And
this can seem like a completely overwhelming situation until
you adopt the perspective of the enslaver or the trafficker,
which is from their corruption: What do they need? A reduced
probability that they will not get in trouble? No. They need
certainty that they will not get in trouble, and so they make
all the bribes they need to make sure that they are safe.
What happens, however, when you introduce a vetted,
trained, specialized unit that is actually enforcing the law--
it is going around a rogue force and enforcing the law--and it
completely disrupts the corruption network because now I am
paying money, but it is not guaranteeing me safety. And so, we
have seen this incredibly powerful effort, or effect really, of
vetted units that can disrupt these corruption networks so you
do not have to actually clean up all the corruption before you
get results. You can establish some vetted, trained units that
are enforcing the law, and it makes that perpetrator get out of
the business because he cannot buy certainty anymore.
We have also found what we call the 15/70/15 rule in law
enforcement. Fifteen percent of police show up to try to steal
and hurt people every day, 15 percent show up trying to do the
right thing, and the 70 percent in the middle, they are just
waiting to see who is going to prevail. And when the corrupt
ones are prevailing, they are right there with the corrupt
officers, and it looks like that system is 85 percent corrupt.
But when the corrupt officers start going to jail, they
start failing to get the jobs, and the promotions and the
success and rewards go to those who are actually succeeding,
that 70 in the middle who wants to keep their jobs, they just
scoot themselves right over. And that starts to very quickly
look like a police department that is pretty much 85 percent
functioning. This transformation we have seen with our own eyes
in countries across cultures, and it is very encouraging.
Senator Risch. That is assuming, of course, they cannot get
to the people at the top that are hiring these units that will
go out there.
Mr. Haugen. Yes, sir, but that has been surprising that we
have seen that in most contexts it does not go all the way to
the top.
Senator Risch. It operates at the lower levels.
Mr. Haugen. Yes, sir. They will not want to necessarily
proactively address the patronage of people that they are
protecting. But if you expose to them that this is taking
place, which is what you do with real evidence, they will not
protect those folks that are then exposing them to liability.
Senator Risch. Shawna.
Ms. Bader-Blau. Thank you, and I think we share that
analysis. I maybe would add one piece on in terms of forced
labor and the connection to bribery. I was mentioning the
recruiters. There are many governments around the world that
are trying to experiment with getting rid of the market for
illegal recruiters by regulating it and owning it, basically
running the market through direct-direct government-to-
government recruiting, running the industry rather than leaving
it to these very diverse and unregulated markets that are run
by sort of the legal mafias, and also thrive on bribery,
corruption, and gangs.
Senator Risch. Thank you. Thank you, Mr. Chairman.
The Chairman. Senator Cardin.
Senator Cardin. Thank you, Mr. Chairman. I thank you all
very much for your work. In my work with the Helsinki
Commission and the OSCE, trafficking has always been a very,
very high priority. And I think one of the most impressive
visits I have done is to visit victims' centers in foreign
countries because it shows that the community understands that
those who have been trafficked are victims, and that if you
need to get papers in order to be legal, you have a resource
you can go to and escape the person who has trafficked you. So,
I would just point out that there are ways to counter this, and
that we should be looking at it.
One of the great achievements in dealing with trafficking
in the United States is the Trafficking in Persons Report. It
was not easy to convince the State Department that they needed
to be engaged. Now, they are very proud of the work that we do
in trafficking and on the TIP Report. Whenever I have an
ambassador from another country or a foreign minister in my
office, I always have the TIP Report, and I always go over
trafficking with them and ways that they can improve in
trafficking, because the issue is not just with the origin
country or even the destination country, but also the transit
country. So, there are different areas that you can stop the
trafficking, and a war zone is one of the other three. There
are other areas that can help us prevent that type of
trafficking.
My first question is, How can we improve the TIP Report to
deal with your concerns? I know countries do not want to be on
the Tier 2 Watch List and certainly not the Tier 3, but there
is waiver authority, and there is concern as to whether we can
make the TIP reports even more effective, particularly dealing
with trafficking and forced labor.
Mr. Haugen. Well, first of all, Senator, I want to thank
you for carrying the TIP Report around. It is kind of a stinky
document to carry around the world, but it is unbelievably
powerful because governments do not want accountability and
transparency for the reality within their country for this
horrible crime. And yet there is nothing really like it in the
world in terms of ratcheting up the pressure. I have seen
governments going from not caring at all to running in a hurry
to address the problem and actually changing law enforcement to
respond.
I think what the TIP Report primarily needs is just
enhanced stature and support from the whole U.S. Government to
say this is not a document we are ashamed of. This is not a
little office of the State Department that we are barely going
to mention. In fact, we have been actually saying you ought to
allow the TIP Office to become a full bureau so it is in the
important conversations at the table where a lot of the
political decisions about where pressure is going to be applied
and not take place, and they are not actually in the room.
But I think strengthening the political stature of this as
a priority for us is what is going to make the difference
because the TIP Report has, I think, just about all the
information that it needs. It can be strengthened on
performance measurements of the criminal justice system I
think, but that is extraordinarily strong. And what mostly
needs to happen is just the stature with which our diplomatic
interactions bring strength to bear on behalf of it.
Ms. Bader-Blau. Thank you for the question, and thank you,
all the Senators on this committee, for the focus on the TIP
Report. It is a really important report. As a human rights
activist, I would say I find the TIP Report and associated U.S.
diplomacy to have the highest potential for impact on human
rights than anything we do in our U.S. foreign policy. And I
have actually seen that on the ground, seen the TIP Report when
we focus a diplomatic effort behind the tier rankings and match
it with adequate program and support on the ground make a real
impact in the lives of average people. It is a very important
report.
I think, you know, in terms--for us how the TIP Office
could be more effective certainly with more resources, right
now they are small enough that they have to really focus
interventions. You know, they have got that really amazing
report that covers the whole globe with fantastic suggestions
at eradicating forced slavery and modern slavery and for every
country in the world, and they do not have the resources to do
it all. It means that they have to triage each year and do very
little work compared to what they have the capacity for, so I
think that would help.
Senator Cardin. Let me go to your point that you raised on
transparency in the supply chain. We looked at voluntary ways
to get more transparency in different areas. In extractive
industries we have the EITI, which is a voluntary way countries
can come together to disclose their energy and mineral
contracts so that we can trace money that should go to the
country itself but may go toward corruption. We found EITI to
be helpful, but it is still not enough. So in the Congress we
have passed a transparency bill known as Cardin-Lugar that
requires mandatory SEC filings from extractive industries.
What would you recommend in regard to transparency in the
supply chain dealing with forced labor? Do we need a mandatory
reporting requirement in the United States that would hopefully
then be picked up by other countries so that we can get a more
comprehensive view, or are you to believe that we can develop
the protocols voluntarily within the business community in this
regard?
Ms. Bader-Blau. Senator Cardin, thank you. I am not a fan
of voluntary reporting when it comes to something as vile as
slavery and forced labor. I think it is not too much to ask,
and believe that we can come up with a mandatory reporting. And
I do believe that legislation would help with that.
Senator Cardin. And I assume that the United States is
going to have to lead here. If we do not do it, other countries
will not take the initiative.
Ms. Bader-Blau. The United States absolutely must take the
lead on this.
Senator Cardin. My last question deals with the
opportunities under the Trans-Pacific Partnership, TPP.
Malaysia is one of the TPP aspirants. They are on Tier 3 in the
TIP Report. What would you expect us to be able to accomplish
in successful TPP negotiations as it relates to trafficking?
Ms. Bader-Blau. Well, I believe that thankfully we have
this very strong set of recommendations in the TIP Report for
Malaysia, for example. I think that we should take that like a
handbook when working on this new trade agreement. Before we
lose the leverage of extending the trade agreement, to work
with the Government of Malaysia to make the changes that are
needed and laid out in that TIP Report.
You know, for example, we work in Malaysia, and since the
Tier 3 ranking came out, we have seen, on the ground, very
little coming out of the government in terms of changes. They
are not increasing prosecutions. They are not going after the
bad actors, and they are not rescuing victims from forced
labor. I do not think we should let this go. I think we should
work a little harder on that, and I think we should ask for
changes in advance of turning over our leverage in the TPP.
Senator Cardin. Thank you, Mr. Chairman.
The Chairman. Thank you, and thanks for your leadership on
this issue the entire time you have been in Congress, and for
being here today, absolutely.
Senator Isakson.
Senator Isakson. I want to follow up on Senator Cardin's
point and your response. You know, we found in Africa with the
Millennium Challenge Corporation and the moneys that are
invested in Africa, we conditioned a lot of those investments
based on a lessening of corruption and improvement in labor
standards. And we have in some cases taken countries out of
those programs because they would not cooperate.
When we do the TPP, one of the main things we want to do is
use the leverage if these countries want to do business with
the United States to have incremental improvements in the way
they treat their labor and a total disregard for human
trafficking. Would you agree with that?
Ms. Bader-Blau. I believe that before we negotiate a TPP,
if we put this all hard on the table, they want that agreement
really badly. And I think we can use this time to say before we
finish this agreement, we want to see some real steps, some
real changes. We have experiences with other negotiations
related to trade that the incremental approach sometimes just
means incremental is 15 or 20 years.
And I think with such an extreme case like forced labor and
trafficking, I think it is not too much to ask that we see real
significant changes in policies and practices before we finish
the negotiations.
Senator Isakson. And we found incremental is acceptable as
long as when they violate an increment, they have a punishment
for it, and they actually realize there is a consequence.
Ms. Bader-Blau. And that is the other issue is that whether
or not it is before or after, at some point we also need to
monitor and enforce. And the ongoing resources for the TIP
Office, the State Department and even USAID that is now trying
to work across the agency to mainstream TIP through its C-TIP
policy. More resources to these agencies will help monitor over
time. I think that is a really important point.
Senator Isakson. I read your story in your testimony about
the Indian woman who hired a recruiter 20 years ago to find her
a job, and the recruiter found her a job in Kuwait City. She
and her husband followed the recruiter to Kuwait City, and if I
read it correctly, the University of Kuwait hired her, and she
has for 2 years washed towels in the women's dormitory at the
University of Kuwait. Was never allowed out of the building
where she washed those towels, and was not allowed to see her
husband.
And it occurred to me that I know traffickers take
advantage of poverty, and they take advantage of weakness and
illness. Are they also taking advantage of the treatment of
women under Sharia law or in Islamic states where women are a
second-class citizen by virtue of that religion, because Kuwait
City with its great university, you would think as an employer,
the university would everything to have equality for the women.
But to actually be employing the woman in a substandard job,
and almost holding her as a slave, is the religion a part of
that? Is it cultural? What is it?
Ms. Bader-Blau. In some ways I wish it were as easy as
cultural because then we could say it would be worse in one
place or another. But the reality is the condition,
particularly of domestic workers, in most parts of the world is
just that, and that includes countries of all different
religious and ethnic backgrounds. We see this problem from
Southeast Asia, across China, in the Middle East, and beyond.
The problem is really that when people employ domestic
workers, they view them as people that they can lock away in
the house that no one is even going to see and are at their
beck and call. There is no regulation of their work. They are
not even seen as workers--they are not covered by labor laws.
And it is painfully common that forced labor is present in the
domestic worker arena. And I would say, though, that what is
common is that the majority of domestic workers around the
world are women. And I do think that there is a common gender
inequality issue that affects forced labor of women in domestic
work.
Mr. Haugen. I would add a word on that, Senator, which is
simply to say there are variations on cultural attitudes about
treatment of women and treatment of the poor, but all these
countries have put in law that slavery is not permitted. And
the question is are they simply enforcing the cultural norm
they have actually already embedded in the law, and the answer
is ``No.'' But we can now powerfully move countries to actually
enforce the cultural norm in law, and for most slaves, that
will end slavery for them.
Senator Isakson. Following up on--since you are talking, I
will follow up with one question I have for you. Every golf cap
I have bought in the last 25 years was made in Bangladesh, and
we have seen a tremendous movement of textiles to Asia and the
Pacific region. How are our companies in America doing in terms
of holding producers of those products to a higher standard in
terms of their labor laws in those companies?
Mr. Haugen. How are U.S.----
Senator Isakson. How are U.S. companies who retail those
products--are there any--are U.S. companies showing--shining a
light on better treatment for those workers and trying to avoid
doing business with people who are actually holding people in
slavery?
Mr. Haugen. I think definitely when the United States
treats it workers well, it raises the bar.
Senator Isakson. But I am talking about in terms of the
workers in the country where the baseball caps are made, for
example.
Mr. Haugen. Yes.
Senator Isakson. If an American company buys them and
trademarks them, with their trademark on them, do you see
evidence of United States companies putting a standard of
excellence or a standard of behavior on those countries in
terms of their labor laws?
Mr. Haugen. Yes, we do. Because that is part of their
supply chain, they carry with them exposure for abuses that
take place in that supply chain. And as consumers increasingly
care about that, we are starting to see it bump up to the very
top of boardroom discussions that that exposure exists. And it
now has the opportunity to then leverage influence in those
countries to actually enforce the laws against those abuses.
Senator Isakson. That is the point I wanted--Mr. Chairman,
I wanted to make that point because--he is in a conversation
with the ranking member. But I wanted to make that point for
this reason. Senator Coons and I went to South Africa 2 years
ago and toured some textile finishing plants that were
finishing products for sale in the United States of America.
And the companies, and I am not going to get into names, but
the companies that were buying the finished product from
those--were requiring standards of better treatment of their
workers, and were using that as a marketing tool in the United
States for the product they were selling. And that is where you
take the paradigm of taking the advantage of poverty away and
taking advantage of excellence in marketing. And so, I think
that is a good point to continue to make.
Mr. Haugen. Yes, sir.
Senator Isakson. Thank you.
Ms. Bader-Blau. If you have examples like that, I think we
should raise them up. I think that is more the exception than
the norm, and the truth is I think we have seen a real mixed
record on companies taking responsibility for behavior down
their supply chains. We see often more distancing than
accountability, and I think that is one of the problems we need
to solve.
Senator Isakson. I will get you some good information after
the meeting. Thank you very much. Thank you, Mr. Chairman.
The Chairman. Thank you, Senator. Thank you.
Senator Gardner.
Senator Gardner. Thank you, Mr. Chairman, and thank you for
time and testimony today. Before this hearing, I had an
opportunity to visit with the Colorado Organization for Victim
Assistance. I met with them back in Colorado, and had followup
with them prior to this hearing just to talk about some of the
things that we see, that we hear, that we face in Colorado and
our States. And in some of the--some of the information they
sent, some of the articles, some of the studies that they had
reported, it talked about how when it comes to human
trafficking issues--this is your modern day slavery--that many
of the victims and many of the foreign national trafficking
victims have been assisted by the Colorado Organization for
Victim Assistance, come to this country legally with guest
worker visas. Is that true?
[Nonverbal response.]
Senator Gardner. So we are not really talking about like
somebody who has not come to this country illegally, who snuck
through the cracks--gotten through the cracks somehow and is
not accounted for, but is somebody that we know through the
process. Is that the case around the world as well?
Ms. Bader-Blau. In our estimation, for the most part, yes.
People do migrate on legal visas to go from Nepal to Saudi
Arabia. As a very poor person without a lot of money to buy
that ticket and figure out the visa, no. They have a broker.
They help them get into the country legally. The problem is the
visa program itself. The visa they come in on ties them to an
employer, and there is no regulation about what happens before
they leave. So if they have had to pay $6,000, $8,000 illegally
to a broker that they are now indebted to, sold their house,
this is very common.
And then, they go to a country where they are on a legal
visa program, but then something happens. The employer, because
of lack of enforcement, does not pay what they are owed. They
are trapped in debt bondage, and this is incredibly common.
Senator Gardner. I think one of the challenges that we have
as policymakers, as leaders in this effort to combat this, I
think a lot of people think that this may be related to
immigration when it is not. I mean, this is actually just--you
know, in terms of documents or visas, that is not the issue.
The issue is how people are treating--how we are holding people
accountable.
There is a story that they shared about two brothers from
Peru who came to Colorado, who were working on a sheep ranch in
western Colorado. And it talked about how they were treated,
how they were abused, how they had been--passports withheld,
and it talks about how they escaped. It talks about this very
telling story, this very emotional story about how they were
able to escape, and what they did, and the fear that they lived
under, and who they went to for assistance, not knowing whether
their employer was going to find them and trap them back into
this great tragedy again.
Are we doing enough in the United States to hold those
employers accountable, to make examples? When this is reported,
are we doing enough so that when we talk to other nations, when
we enter into agreements, that they can look at us without
hypocrisy knowing that we have done everything we have said we
want them to do? Are we doing enough?
Mr. Haugen. If I could just respond. You have a critical
insight here because it is absolutely true that the vast
majority of slaves in the world are citizens within their own
country. Yes, moving populations and immigration is one of
those vulnerability factors, but most slaves--most of this 30
million or more slaves are citizens within their own country.
So the United States will not be able to have as effective a
leadership role in helping other countries in that regard if it
is not doing what it can do within its own country to make sure
it is enforcing laws to protect the basic rights of workers
here within our borders, and holding companies accountable that
violate those laws.
Senator Gardner. Go ahead.
Ms. Bader-Blau. I will just quickly agree and say within
our guest worker visa programs, there are lots of gaps in terms
of making sure that people are not coming into these programs
indebted before they come, that once they come, if they face
exploitation or abuse, that they are able to, without
retaliation, raise unsafe working conditions or harmful
employment conditions. And their ability to do that is very
limited, and also being tied to employers is still a problem in
the United States.
Senator Gardner. And there have been things like the
Polaris Project, which up until this past year had Colorado
ranked very low in terms of its laws and protections it was
providing to workers. But as a result of changes made by the
State legislature, this past year rank it in the top tier, in
fact, one of the States with the best laws to protect people.
When we look around the globe, though, are we able to see
those kinds of changes being made in the way that we--Colorado
has a law basically on the books that stated laws against
trafficking, trafficking in children statute. They had that on
the books, but the courts interpreted it in such a way that the
person had to literally own a child victim and transfer
ownership in order for them to be convicted under the statute.
Now, that statute has been changed. Do we see those same kinds
of legal loopholes or problems around the globe that are
allowing people to get off the hook?
Mr. Haugen. We have reviewed the laws in scores of
countries where we are operating, and there are sort of
technical difficulties, improvements that could be made. But
overwhelmingly, the reason that there are tens of millions of
people in slavery is not because the legal scheme is
inadequate. It is that the enforcement mechanism is not even
attempted to be leveraged, so this is our point of focus.
And when you focus on enforcement, you do end up finding,
oh, here is the hiccup in the law that needs to be addressed
for us to comprehensively do this. But right now, the thing we
have to wrap our minds around is that you are at greater risk
of being struck by lightning than you are of actually going to
jail for these crimes in the countries that have the most
slaves.
Senator Gardner. And are--I am sorry. Please.
Ms. Bader-Blau. I would say in my experience, particularly
in the Middle Eastern countries where I have worked and
witnessed this issue, you know, even in a country with very
weak rule of law and no focus on human rights--you can take
Saudi Arabia--you are not allowed to not pay workers, I mean.
And the biggest incidents of forced labor you see in a country
like Saudi Arabia are employers that literally do not pay
workers and force them to work for months and months and
sometimes years on end. It is illegal even under Saudi law, and
they are not held accountable.
Senator Gardner. And how are we doing in terms of
coordination with local law enforcement, State law enforcement,
I mean, in terms of the laws international organizations,
associations? How are we doing with that coordination to make
sure that we have the communication available to prevent this?
Mr. Haugen. I think this is getting much, much better.
We have been at this for almost 20 years now, and here in
the United States you have seen because of the political will
expressed now to address it, the coordination of law
enforcement is making it harder and harder and harder for
traffickers to get away with what they are doing. But it
requires sustained attention. That is the thing because it
preys upon those who are politically the weakest. So it
requires those of us who have more political influence just to
make sure that law enforcement is prioritizing these things
continuously because as soon as we take our gaze off of it, the
traffickers will come right back in.
Ms. Bader-Blau. And I would just say that I think we could
do a lot better. I think that we have laws on the books that
are supposed to prevent the importation of goods that are made
with forced labor and child labor. They are not enforced
adequately. There is not enough inspection. There was recently
a--you may have seen it. In December, the Los Angeles Times
wrote, I think, a five-part series on forced labor in Mexico in
agriculture, and the reporters chased the supply chain all the
way back up to United States supermarkets on a shoestring
budget, and found endemic forced labor in agriculture in
Mexico.
You know, these goods are made with forced labor and child
labor, young girls as young as 12 years old, you know, picking
chilies off plants that end up in our supermarkets. We should
enforce these laws and make sure that does not happen.
Mr. Haugen. Can I just add on, the data that we have seen
in the fight against terrorism to actually bring intelligence
together coherently, and to mine it, and to apply analytics
that allow you to chase down where the bad guys are, those same
tools could be applied to the fight against slavery, but we are
going to need a coordinated international effort, a fusion of
data by which that crime fighting can actually take place. And
that is possible now if we come together with the resources to
build such a capacity.
Senator Gardner. Thank you.
The Chairman. Thank you. Thank you very much.
Senator Rubio.
Senator Rubio. Thank you, Mr. Chairman, for holding this
hearing. At the outset, let me congratulate you for the title,
``Ending Modern Slavery.'' That is exactly what it is. I have
no problem with the term ``trafficking,'' except I think it
sometimes sanitizes what we are talking about. ``Trafficking''
makes it sound like people are just being moved around from
point A to point B. It is not the moving around as much as what
happens once they get there. And I think ``modern slavery''
accurately assesses it.
To that point, we have an ambassador at large for
trafficking in persons--it should be an ambassador at large for
ending human slavery or modern slavery--that has sat vacant for
a number of--for quite a period of time. I hope that there will
be a nomination and that we can get that confirmed because I
think that is important in terms of the U.S.'s role around the
world on this issue.
I wanted to touch on two subjects. The first is, and we had
not touched on this yet, but let me ask you this. There have
also been reports of abuses in the diplomatic corps here in the
United States. Do you have any unique insight into some of
those abuses and how they have used their diplomatic status to
bring--in some instances we have seen here in Washington, to
see domestic workers that are actually being not compensated
and held against their will?
Mr. Haugen. Just to say I think it is a manifestation of
the basic phenomena, which is at the highest levels this is not
taken seriously as a crime, as a horror, and as something in
which actual consequences must be brought to bear. And as long
as it is seen that, well, wink-wink, you know, if you have the
right place, if you have the right power, you can get away with
this. That is what happens in the countries where the vast
majority of slaves are. The people of power, of influence, they
get away with it on a vast scale.
But what law brings so beautifully is equal protection of
the law to say that the poorest and the richest by the law are
on the same playing field, and that is the opportunity we have
now is to see that these laws are actually enforced. Nothing
makes that look more ridiculous than when you have these
diplomatic abuses.
Ms. Bader-Blau. Thank you for the question, and we think it
is really horrific abuses we are seeing in the diplomatic
corps. And I agree with Gary, it is a pretty vile practice. We
understand--however, there has not been a tough enough reaction
on the part of our own government to these abuses in the
diplomatic corps, and sometimes it is because we have sensitive
relationships with the governments in question. And that
happens, as you know, with the tier rankings and the TIP Report
on occasion as well.
You know, the extent to which we can de-link some of our
more difficult diplomatic relationships with countries from the
actual holding account to a law would be better. We understand
now it may be the case that domestic workers from India will be
allowed to come in again to join the diplomatic corps under a
different visa category, and I think that would be something to
look into.
Senator Rubio. I know that sex trafficking and sex slavery
gets a lot of attention and rightfully so. I want to talk about
that. My point is that it is the labor slavery that really is
still the predominant number, and it can happen anywhere. I
mean, people would be shocked at how prevalent it is here
domestically.
I wanted to ask you domestically for a moment in the United
States about three topics. The first is on the sex slavery
side. Do you have any sort of insight about how many,
particularly women, but even children, obviously women. Let me
focus on that first, the adult women, who are in the trade now
could be considered people that are being trafficked and/or
held against their will? It is my personal view that virtually
all of them are one way or another because coercion is not
necessarily someone holding a gun to your head or someone
refusing to pay you. But things like drug addiction are used as
a tool. Things like fear of escape, even psychologically. It
has been my experience in the interaction I have had with law
enforcement involved in this that you should consider virtually
every woman in that industry as being a victim of slavery
basically.
Mr. Haugen. I would just say that there are, you know,
disagreements about this and what constitutes coercion and so
forth. One of the things we do know is that if you are a minor,
you cannot consent to this kind of abuse, and yet you can find
plenty of minors there if you prioritize this as a proactive
criminal investigative matter. And you can secondly find
straight-up violence, and the evidence of it, and clarity of
it, that also makes it clearly an act of coercion and a
criminal act.
So, yes, there is place obviously for some disagreement,
but the sad part is where there is no disagreement, but there
is also not adequate enforcement of the law. And this just
needs to be a priority for us community by community.
Senator Rubio. The reason why I ask you this, and I wanted
you to comment as well, Ms. Blau, there are publications in the
United States that openly advertise on their pages for these
services. And, in fact, the same publications, like ``Village
Voice,'' that have gone on to write articles ridiculing this
whole notion that there is human slavery in the United States--
that there is slavery in the United States with regards to the
sex trade. And there has been all sorts of actions taken here
to condemn that.
And the reason why I ask you that question is because
oftentimes when law enforcement interacts, for example, with
women that are being--that are in prostitution and have, in my
opinion, been coerced into it either through drug addiction,
abuse, or a combination thereof, there is a debate within the
law enforcement community about whether they should be treated
as perpetrators or as victims. And we have had this debate in
Florida as well.
When you interact with someone that you basically have
found at a brothel or, in some instances, some of these massage
parlors and so forth, the debate has been should we arrest
them, and put them in jail, and treat them as a perpetrator, or
should we pull them out of that environment, put them into a
safe place where they can realize that there is an escape for
them, and they can break that pattern. And we have gotten a lot
of pushback from both law enforcement and prosecutorial
agencies who believe that it is important to treat them as a
perpetrator first, that that is the only way you are going to
get them see differently.
Do you have an opinion on the right way to address that,
because it has been--it is an issue of controversy in the law
enforcement community?
Mr. Haugen. I will state a clear preference, that the
preference and better law enforcement way to approach this is
to actually treat them as victims. You will get their
cooperation. You will be able to get behind the real criminal
networks and activities that are behind it. And I do think from
my own law enforcement experience, it is a bit of a sloppy
excuse to pretend that that is not possible.
Ms. Bader-Blau. And I think we need a very robust program
of training of law enforcement on this issue. And it is not
just in the United States, it is globally. We have had programs
that we have done in other countries, Indonesia and other
places, where we have worked law enforcement to identify people
that otherwise look, according to the laws, as they are
perpetrating a law, to a violation of a law, such as in the
commercial sex industry to identify them as victims by asking
them questions. How did you get here? Where did you come from?
How old are you?
The truth is I believe that many cases of labor trafficking
originally end up in sex trafficking, and we find that if law
enforcement can actually be trained on talking to people and
understanding where they come from, that we can get more
prosecutions, and we can really focus our ire where it belongs
on the traffickers, and not the victims.
Senator Rubio. I know I am out of time. In your experience,
the majority of people from abroad that are here in the
commercial sex industry, did they know they were coming to that
industry when they were brought?
Ms. Bader-Blau. I do not have a particular stat on that.
Senator Rubio. Okay.
Mr. Haugen. In my experience, the majority are victims of
coercion and fraud.
Senator Rubio. False pretense. They thought they were
coming here to make a commercial product, and they ended up
trapped in this industry.
Mr. Haugen. Correct.
Senator Rubio. Thank you.
The Chairman. Thank you. You all have been outstanding
witnesses. In my opening comments I mentioned the role Congress
has played. But, I think because of your efforts and so many
advocates from around our country, the administration, too, I
think is very focused on this. I know Secretary Kerry recently
referred to a much more robust effort. So I think this is
something that we can all work on together in a very positive
way, and I want to thank you both for a lifetime of effort in
this regard, for being here today, for sharing your
experiences, and for working with us in the future. Thank you
very much.
And now we will have the second panel. Do we have our
second panel?
Mr. Abramowitz. Yes. Sorry, Mr. Chairman. They were just
out in the hall doing an interview with CNN, so they are just
waiting for them to clear, and they will be right in. I told
them they had to mention your name, Mr. Chairman, and Senator
Menendez if they were going to do this interview in your
hearing, but I do not know if that happened.
The Chairman. They get mentioned enough, thank you.
Senator Menendez. That is a former congressional staffer.
[Laughter.]
The Chairman. We will now turn to our witnesses for the
second panel. Thank you for being here. Our first witness is
Mr. James Kofi Annan. In 2013, he was awarded the World's
Children Prize for his work to stop child slavery. He himself
was a fishing slave as a child for 7 years. He managed to
escape, get an education, and become a bank manager. In 2007 he
left the bank to work solely to stop child slavery. By that
time, he had already started an organization called Challenging
Heights in 2003, which has liberated over 500 children from
slavery.
Liberated slave children come first through Challenging
Heights' safe home for 65 children. Challenging Heights also
runs a school for 700 pupils of different ages. They offer
training to poor mothers so that they can support their
families and do not just sell their children into slavery. He
has supported over 10,000 children who have been slaves or at
risk for slavery. Thank you for being here.
Our second witness is Shandra Woworuntu, the founder of a
nonprofit organization dedicated to empowering human
trafficking survivors through mentorship and job training. She
graduated from college with a major in finance and bank
management in her native Indonesia. After graduation, she
became the manager of the Treasury Department of the Korea
Exchange Bank in Indonesia, specializing in money market
trading.
When political turbulence erupted, she lost her job because
of economic, religious, and racial persecution. She applied for
a job that promised a 6-month position in the hotel industry in
Chicago, which led her to become--and to survive being--a
victim of a criminal human trafficking organization. Thank you
again for being here today.
Our next witness is David Abramowitz. He is vice president
of policy in government relations at Humanity United, a
foundation that focuses on advancing human freedom by combating
human trafficking and modern slavery, among other human rights
issues. Previously he served as Department of State's Office of
Legal Advisor.
In 1999, he joined the staff of the Committee on Foreign
Affairs for the House of Representatives, and served as chief
counsel. Over the next year 10 years, he worked on such
legislation as the Victims of Trafficking and Violence Act of
2000 and the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008.
And with that, we will recognize James Kofi Annan. If you
would begin and just go in order. Thank you all for being here.
STATEMENT OF JAMES KOFI ANNAN, FOUNDER, CHALLENGING HEIGHTS,
KANESHI, ACCRA, GHANA
Mr. Annan. Thank you, Chairman Corker, Senator Menendez,
and other members of the committee for holding this important
hearing. I am the founder of Challenging Heights, an
organization that for 10 years has helped children who have
been trafficked into modern slavery in Ghana. We deliver social
justice interventions to children, women, and underserved
communities in coastal and farming communities. Our work
includes rescue, rehabilitation, and reintegration of children
who have been trafficked into the fishing industry. We also
raise awareness of trafficking in communities to prevent
trafficking and re-trafficking of children.
In fishing communities along the lake, Ghanaian children
are being sold into a life of forced labor, malnutrition,
abuse, and no school. Traffickers prey on poor families in
communities along the country's coast. Typically, families are
told by their traffickers that if they let their children come
to the lake, they will live with relatives who will care for
them and send them to school in exchange for a few hours of
work after school. In reality, the children
are forced to work long hours on their boats and in dangerous
conditions.
A typical day might begin at 3 a.m. and end at 8 p.m., and
include challenging tasks such as casting nets, diving,
hauling, with only one meal served. Children often get stuck in
the nets at the bottom of the lake as a result of unsafe
diving. If a child is caught escaping, the consequences can be
brutal. Often the families do not hear from their children
again.
I founded Challenging Heights because I was a victim of
this slavery situation myself. I was forced to work in the
fishing boats on Lake Volta as a young child. I understood the
challenge of surviving such a trauma, and I also saw the
tremendous potential to change things in my country to prevent
child labor, to rescue children from slavery, and to give those
survivors a chance for a good life.
Our organization supports hundreds of children and their
families each year. We help prevent trafficking by helping
vulnerable children to go to school, by creating awareness,
building communities' capacity to stand up against trafficking.
We also have a survivors' rehabilitation center and a child
trafficking survivor support network aimed at providing
protection for children.
I am very proud of my organization's accomplishments, but I
know that there is so much more we need to do to stop
trafficking in Ghana and throughout Africa. The U.S. Government
plays an important role in this direction. The U.S. State
Department's Trafficking in Persons Report issued each year is
a useful tool for Ghana and other governments, helping to keep
them accountable for continuing to do better work to stop
trafficking. Each year I contribute to the report so it
reflects the most up-to-date reality facing trafficking
survivors in Ghana. And just a couple of days ago I was sent
information to start making my input. I host U.S. Government
officials, showing them firsthand the dire situation facing
children at risk of exploitation.
The United States diplomatic pressure is very important in
helping to persuade the Government of Ghana to act. It is
critical that these efforts continue and are properly funded.
In particular, we would like to see a renewal of commitment to
the National Plan of Action, which the government itself has
created, and money allocated to the Human Trafficking Board to
be released for immediate use.
The Department of Labor's Bureau of International Labor
Affairs also plays an important role in combating trafficking
in Ghana and other countries. First, it conducts research on
international labor, forced labor, and human trafficking, and
publishes very valuable reports that help hold countries
accountable. The Bureau funds projects for organizations and
engages in efforts to eliminate exploitative child labor around
the world. And lastly, it assists in the development and
implementation of U.S. Government policy on international
labor, forced labor, and human trafficking issues.
This important bureau must retain its resources and
expertise to address the most intractable forms of child labor
and exploitation. I urge Congress to consider legislation that
would secure permanent resources for ILAB and insulate it from
political shifts. I also believe that the U.S. Government can
improve implementation of its development programs. Whether it
is building a school, constructing a highway, or distributing
food aid, the U.S. Government must integrate strategies for
preventing, identifying, and responding to trafficking.
It is especially important that development programs fund
projects that focus on prevention of slavery, and I will
specifically cite the example of the Millennium Challenge
Account, which we believe can be tied to some of these issues
of slavery. Ideally, the government should target resources
toward grassroots organizations as Ghanaians themselves and
those in other countries struggling to end human trafficking
are the only ones who can do the difficult work of changing
attitudes in their own countries.
Thank you, Mr. Chairman.
[The prepared statement of Mr. Annan follows:]
Prepared Statement of James Kofi Annan
Thank you, Chairman Corker, Senator Menendez, and other members of
the committee for holding this important hearing to consider how fight
modern slavery, a most horrific human rights crime.
I am the founder of Challenging Heights, an organization that for
nearly 12 years has served children who have been trafficked into
modern slavery in the Lake Volta region of Ghana. Our organization
delivers social justice interventions to children, women, and
underserved communities in coastal and farming communities. Our work
includes rescue, rehabilitation, and reintegration of children who have
been trafficked in the fishing industry, as well as creating community
awareness on these issues in order to prevent trafficking and re-
trafficking of children.
Challenging Heights also contributes to policy and awareness
creation and the public discourse on issues affecting Ghanaian
children. Additionally, the organization runs a school for more than
700 children who are survivors of child trafficking or who are at risk
of child trafficking.
The question you are asking today: What is the best way forward to
ending modern slavery? That is a very big and important question. I
believe the answer has many facets, just as human trafficking takes so
many forms.
In fishing communities along Lake Volta, Ghanaian children are
being sold into a life of forced labor, malnutrition, abuse, and no
schooling. Traffickers prey on poor families in communities along the
country's coast. Typically, the families are told by the trafficker
that if they let their children come to the lake they will live with
relatives who will care for them and send them to school in exchange
for a few hours' work after school. In reality, the children are forced
to work long hours on the boats in dangerous conditions. A typical day
might begin at 3 a.m. and end at 8 p.m. and include challenging tasks
such as casting nets, diving, and hauling, with only one meal served.
Children often get stuck in the nets at the bottom of the lake. If a
child is caught escaping, the consequences can be brutal. Often the
families do not hear from their children again.
I formed Challenging Heights because I was a child slave myself who
was forced to work in the fishing boats on Lake Volta as a young boy. I
understood the challenge of surviving such a trauma, and I also saw the
tremendous potential to change things in my country, to prevent child
labor, to rescue children from slavery and to give those survivors a
chance for a good life.
Today, Challenging Heights supports hundreds of children and their
families each year. We help prevent human trafficking from taking place
by helping vulnerable children go to school, creating awareness and
building community capacity to stand up against trafficking. We also
have a 65-capacity survivors' rehabilitation center, and a child
trafficking survivors support network aimed at providing protection for
children.
I feel proud of our accomplishments, but I know that there is so
much more we need to do to stop trafficking in Ghana and throughout
Africa. The United States Government plays an important role.
First, the U.S. State Department's Trafficking in Persons Report
issued each year is a useful tool for Ghana and other governments,
helping to keep them accountable for continuing to do better work to
stop trafficking. Each year I contribute to the report so it reflects
the most up to date reality facing trafficking survivors in Ghana. I
host U.S. Government officials, showing them firsthand the dire
situation facing children at risk of exploitation.
The United States diplomatic pressure is very important in helping
to persuade the Government of Ghana to act. It is critical that these
efforts continue and are properly funded. In particular we would like
to see a renewal of commitment to the National Plan of Action, and
money allocated to the Human Trafficking Board released for immediate
use.
The Department of Labor's Bureau of International Labor Affairs
(ILAB) also plays an important role. The Bureau does a number of
important things that affect trafficking in Ghana and other countries:
(1) It conducts research on international child labor, forced
labor, and human trafficking and publishes very valuable
reports on the worst incidences of child labor, and lists of
goods produced by child labor and forced labor;
(2) The Bureau funds projects for organizations engaged in
efforts to eliminate exploitive child labor around the world;
and
(3) It assists in the development and implementation of U.S.
Government policy on international child labor, forced labor,
and human trafficking issues.
One thing I am concerned about is that this important Bureau
retains its resources and expertise to address the most intractable
forms of child labor and exploitation. Even as gains are made in
reducing the prevalence of child labor worldwide, real and complex
problems remain. I believe Congress should consider legislation that
would secure permanent resources for the Bureau of International Labor
Affairs and insulate it from political shifts.
I also believe that the U.S. Government can improve the
implementation of all its development programs by integrating an
antitrafficking lens. Whether it is building a school, constructing a
highway, or distributing food aid, the U.S. Government must integrate
strategies for preventing, identifying, and responding to trafficking.
It is especially important that development programs fund projects that
focus on prevention of slavery. Ideally, the government should target
resources toward grassroots organizations, as Ghanaians themselves--and
those in other countries struggling to end human trafficking--are the
only ones who can do the difficult work of changing attitudes in their
own communities.
Mr. Chairman, thank you for the opportunity to share my
perspective, and for this committee's work to find a way to end modern
slavery.
The Chairman. Thank you very much.
Ms. Woworuntu.
STATEMENT OF SHANDRA WOWORUNTU,
TRAFFICKING SURVIVOR, NEW YORK, NY
Ms. Woworuntu. Thank you, Chairman Corker, Senator
Menendez, and other members of the Foreign Relations Committee
for holding this hearing today. I am an advocate, a survivor of
human trafficking, and the founder of Mentari, a nonprofit
organization dedicated to providing human trafficking survivors
with mentorship and job training to help them rebuild their
lives.
In my native Indonesia, I was a college-educated financial
analyst employed by an international bank. I lost my job in
1998 because of political turbulence and its fallout, so I
expanded my job search to the United States. And after I
responded to advertisement for a job in a hotel in Chicago, I
checked my legal documents, paid a $3,000 recruitment fee,
accepted the position, and I flew to New York City.
I entered the United States lawfully on a nonimmigrant visa
arranged through the recruitment agency that brought me here. I
was picked up at the airport with five other women, and soon
our passports were forcibly taken, and our lives threatened.
And the abusive situation become clear: we were being
trafficked into the sex trade. And they asked me to pay $30,000
U.S. to be free.
I managed to escape, and I cooperated with law enforcement
to successfully prosecute my trafficker, and we rescued many
girls. It was hard for me to survive because there were not
many services available to help me. Safe Horizon in New York
assisted me to stay legally in the United States.
I believe to end human trafficking globally, the U.S.
Government needs to focus on prevention and strengthening
policies to prosecute the traffickers, and to provide victims
with stable and sustainable support. And I also believe that
policymakers should listen to the voices and opinions of
survivors of human trafficking. And I thank you for doing that
today.
One of the best ways to prevent human trafficking is
through education and awareness. I urge Congress to invest in
supporting and encouraging countries to implement programs that
will make people more aware, and will help them question
whether a job opportunity is legitimate or the work of criminal
labor recruiters, like the one I met in Indonesia. Labor
recruiter and contractors are directly involved in the
trafficking and exploitation of workers around the world.
Criminal recruiters make false promises about the job, and
charge workers high recruitment fees that force workers to stay
in abusive or exploitive working conditions under debt bondage.
Mr. Chairman, last year Congress considered, but did not
pass, the Fraudulent Overseas Recruitment and Trafficking
Elimination, or FORTE, Act of 2013. I urge you to support
introduction and passage of similar legislation this year. This
will require that workers coming to the United States receive
accurate information about the job and working condition they
are being offered, and would also ensure that workers do not
have to pay recruitment fees.
Another important step Congress can take to prevent human
trafficking is to demand transparency in supply chains for
products that are sold in United States. California passed
legislation that requires companies to publicly disclose what
efforts, if any, they are taking to ensure the supply chains do
not include forced labor. Congress should support supply chain
transparency on the Federal level, and Congresswoman Carolyn
Maloney has introduced the Business Supply Chains Transparency
on Human Trafficking and Slavery Act in the House to achieve
this goal.
I also urge Congress to strengthen the United States role
in developing a shared global foreign policy and especially to
prosecute the traffickers. Building our capacity to conduct
intercountry investigations and prosecution should be high
priority in that effort.
Mr. Chairman, I want also to ask today for your support for
a Senate companion to H.R. 500, the Survivors of Human
Trafficking Empowerment Act. This bill will create a survivor-
led U.S. advisory council on human trafficking to review
Federal Government policy programs on human trafficking. And it
is so important that survivors play a role in finding solutions
to end modern slavery. This proposed legislation is a great
step forward.
I want to close by saying something about human trafficking
survivors. It is very difficult for survivors to recover from
such a terrible experience. It is challenging when you are in a
country where you do not speak the language and have little or
no support. I hope the U.S. Government will recognize the need
to provide sustainable support for survivors, including long-
term support, to help survivors receive training and
opportunities to gain employment. I believe United States can
and should be a leader in demonstrating the best practice to
the world.
Thank you.
[The prepared statement of Ms. Woworuntu follows:]
Prepared Statement of Shandra Woworuntu
Thank you, Chairman Corker, Senator Menendez and other members of
the Foreign Relations Committee for holding this hearing on how we can
move forward to end modern slavery.
I am an advocate, a survivor of human trafficking, and the founder
of Mentari, a nonprofit organization dedicated to providing human
trafficking survivors with mentorship and job training to help them
rebuild their lives.
In my native Indonesia, I was a college-educated financial analyst
employed by an international bank. I lost my job in 1998 because of
political turbulence and its fallout, so I expanded my job search to
the United States. After responding to an advertisement for a job in a
Chicago hotel, I checked the legal documents, paid a recruiter fee,
accepted the position, and flew to New York City.
I entered the United States lawfully on a nonimmigrant visa
arranged through the ``recruiting organization'' that brought me here.
I was picked up at the airport, along with five other women, by men we
all believed were affiliated with our recruiter. Shortly thereafter,
however, our passports were forcibly removed, our lives were threatened
and the situation became clear: we were being trafficked into the sex
trade.
I managed to escape by jumping out of a small bathroom window, and
I cooperated with law enforcement to successfully prosecute my
trafficker. It was hard for me to survive because there were not many
services available to help me. Safe Horizon, NY assisted me to be
independent and also to stay legally in the United States.
I believe that to end human trafficking globally, the U.S.
Government needs to focus on prevention, and on strengthening policies
that are enacted to prosecute traffickers, and to provide victims with
stable and sustainable support.
The U.S. Government has been a leader, through its annual
Trafficking in Persons report and other diplomatic initiatives, in
urging governments around the world to do a better job of preventing
modern slavery. Our government can do much more.
One of the most effective ways to prevent human trafficking is
through education and awareness. I urge Congress to invest in
supporting and encouraging countries to implement programs that will
make people more aware, and will help them question whether a job
opportunity is legitimate, or the work of a criminal labor recruiter.
Labor recruiters and contractors are directly involved in the
trafficking and exploitation of workers around the world, including
men, women, and children who enter the United States lawfully. These
criminal recruiters make false promises about jobs and charge workers
high recruitment fees that force workers to stay in abusive or
exploitative working conditions under debt bondage.
I know several trafficking survivors who paid up to $20,000 in
recruitment fees for jobs that didn't exist. In most cases, they
borrowed the money from people or loan sharks in their home country
that expect to be paid back. Now exploited, trafficked, and unpaid,
they cannot pay back those loans--this creates debt bondage.
It is important to have uniform standards for employment agencies
that send workers to another country. They should be required to give
information about the working conditions for the jobs they are
offering, and they should provide workers with a clear description of
the workers' rights.
Congress has an opportunity to help prevent trafficking by illicit
labor recruiters into the United States, and to demonstrate to other
countries the kind of policies needed to address human trafficking. I
urge Congress to reintroduce The Fraudulent Overseas Recruitment and
Trafficking Elimination (FORTE) Act of 2013, which would deter human
trafficking, forced labor and exploitation by:
1. Requiring that workers coming to the United States receive
accurate information about the job, their visa, and working
conditions;
2. Ensuring that no fees for recruitment are charged to
workers;
3. Requiring that the recruitment agency registers with the
Department of Labor; and
4. Enforcing a penalty if the law is not followed.
I encounter men and women from all over the world who have
experienced human trafficking in some form. They are from different
nations, cultures, and backgrounds, but many have one thing in common:
they were brought here by a seemingly reputable recruiting agency. With
an estimated 14,000 individuals trafficked into this country each year,
it's a problem that needs to be addressed--this legislation is one
important part of the solution.
Another important step that the U.S. Government can take to prevent
modern slavery is to demand transparency in supply chains for products
that are sold in the United States. California has passed legislation
that requires companies to publicly disclose what efforts, if any, they
are taking to ensure their supply chains
do not include forced labor. This legislation is a good first step, but
it should not
be limited to one state; Congress should initiate supply chain
transparency on a national level.
I also urge Congress to strengthen the United States role in
developing a shared global foreign policy to fight human trafficking,
and especially to prosecute traffickers. Building our capacity to
conduct intercountry investigation and prosecutions should be a high
priority in that effort.
Mr. Chairman, I want to ask today for your support of a Senate
companion to H.R. 500, the Survivors of Human Trafficking Empowerment
Act, introduced by Representatives Honda and Poe. This bill would
create a survivors-led U.S. Advisory Council on Human Trafficking to
review Federal Government policy and programs on human trafficking. It
is so important that survivors play a role in finding the solutions to
end modern slavery, and in helping the government understand how to
provide survivors the support they need. This proposed legislation is a
great step forward.
I want to close by saying that as a survivor of human trafficking,
I am committed to empowering other survivors. That is why I established
Mentari, an organization based in New York that provides mentorship and
job training to survivors. It is very difficult for trafficking
survivors in the United States, and globally, to recover from such a
terrible experience. It is even more challenging when you are in a
country where you don't speak the language and have little or no family
support. I hope the U.S. Government will recognize the need to provide
sustainable support for survivors, including long-term support to help
survivors receive training and opportunities to gain employment.
Programs that support job training and job creation can help prevent
survivors from being retrafficked, as well as protect all men and women
who are vulnerable to exploitation and trafficking. I believe the
United States, again, can and should be a leader in demonstrating best
practices to the world.
The Chairman. Thank you very much.
Mr. Abramowitz.
STATEMENT OF DAVID ABRAMOWITZ, VICE PRESIDENT, POLICY AND
GOVERNMENT RELATIONS, HUMANITY UNITED, WASHINGTON, DC
Mr. Abramowitz. Thank you, Mr. Chairman, and thank you, Mr.
Menendez, Mr. Chairman, and members of the committee, for
holding this very important hearing. And thanks for the
opportunity to testify today. Mr. Chairman, Humanity United
combats modern slavery by building effective networks, engaging
the private sector, and strengthening the antislavery advocacy
movement, including support for the Alliance to End Slavery and
Trafficking.
Mr. Chairman, as you said, with two-thirds or more of the
profits for modern slavery coming from sex trafficking and two-
thirds of the victims subject to labor trafficking, we must
work urgently to combat human trafficking in all its forms.
Each of these victims, Mr. Chairman, deserves to become a
survivor, and I feel privileged to be testifying alongside two
of them today. I think the kind of testimony and experiences
they can bring demonstrate why the legislation that Ms.
Woworuntu just mentioned on having the survivor advisory
council is very important so that the executive branch could
really hear in a very specific way from survivors moving
forward.
Mr. Chairman, turning to more specific solutions, I first
want to focus on foreign labor recruiters. A lot has been said
about that. We heard a lot about it from the last panel as well
as the panel here. In my testimony, I talk about the whole
system of foreign labor recruiting, including corruption, which
I think Senator Risch was very correct in terms of identifying
that as a key issue. But there are a number of ways that we can
address it.
First, these issues have to come out more in the open with
a more frank discussion. The TIP Report was mentioned earlier
and also in the testimony of my fellow panelists. It can really
bring a lot of information to light. It can help identify which
countries are the key countries that need to be focused on. It
can analyze the commitment of those governments trying to end
human trafficking, where perhaps more pressure needs to be
brought. And it also points out sensible solutions.
But this report is only as valuable as it is accurate, and
as Senator Rubio pointed out, we have had a vacancy in the TIP
ambassador slot. We are about to start the report season where
the information that James and others are going to provide will
start to be looked at. And I am very worried that if we do not
have someone in that position, then those who want to downplay
abuses in certain countries are likely to be successful, and we
will not have a report that has as much integrity as in the
past. And I would ask unanimous consent that a piece that I
just wrote in The Hill on this matter, which lays out certain
criteria for a new Ambassador, be put in the record.
Second, Mr. Chairman, governments can require greater
transparency and regulate foreign labor recruiters. The FORTE
Act that Shandra just mentioned is very important. It lays out
transparency, bans fees, and creates a regulatory structure.
And we also have the Executive Order 13627 on strengthening
protections against trafficking persons in Federal contracts,
which has similar provisions. And this committee really needs
to make sure that that Executive order is implemented. One of
the most important reasons to do so is U.S. leadership. If we
can demonstrate that we are trying to dive down into these
issues, then it gives us much better moral authority to try to
address these issues with other governments.
Third, technology can play a role in providing worker
information. One such platform that has recently been developed
is Contratados. Think of this as the mobile application Yelp,
but for
foreign labor recruiters and for companies. It allows workers
to
rate companies and employers and to warn other workers of bad
experiences.
A lot was said about supply chains. The work is hard to
look at these supply chains, and we can try to help companies
think about their supply chains. For example, the Coalition for
Immokalee Workers that was mentioned by Ms. Bader-Blau, works
directly with workers, growers, corporations to together
eliminate slavery and the sexual abuse that comes with it from
tomato fields in Florida.
Technology and big data was mentioned. Verite, which is a
leader in issues looking at labor, and Palantir Technologies,
which is a big data analytics company that is used across many
areas of law enforcement, are partnering to pilot a potentially
transformative analytical product that will enable companies to
unravel complex labor supply chains and identify risks of human
trafficking and forced labor.
There are other kinds of private sector and civil society
partnerships that can work across sectors. For example, in the
sustainability area, there is a lot of work that has been done
to try to prevent rain forests from being cut down in order to
preserve the rain forests.
However, there is also forced labor and modern slavery that
are engaged with both the cutting of the forests and then the
palm plantations that are planted in their place. If we can
bring these siloed communities together to work together, they
can try to make real progress in this area.
Similarly, Mr. Chairman, we in Humanity United are working
in Nepal with brick kiln owners. We are trying to provide them
incentives so that they can both reduce emissions and also end
child labor. However, we have to be careful about the
unintended consequences of our actions as workers can return to
their village into the same cycle of poverty and exploitation.
Small investments in education and livelihood, as we just
heard, can make our efforts to free slaves sustainable. That is
why baseline measurements and strong evaluation and monitoring
are critical to ensure that the interventions are actually
reducing modern slavery as opposed to just displacing it.
I go through, Mr. Chairman, in my testimony a number of
others matters regarding partnerships, including the way the
corporate sector can work with law enforcement in order to try
to eliminate human trafficking through the data that they
collect. But we really need to bring together private donors,
governments, the private sector, civil society, and survivors
together.
In conclusion, Mr. Chairman, and Senator Menendez, and
other members of the committee, last week marked the 150th year
since the House of Representatives voted to approve the 13th
Amendment ending slavery in the United States. This coming
December we will mark the adoption of the amendment as the law
of the land. This committee can play a really instrumental
leadership role in helping mark that anniversary by pushing
forward the fight against human trafficking and modern slavery.
Thank you, Mr. Chairman.
[The prepared statement of Mr. Abramowitz follows:]
Prepared Statement of David S. Abramowitz
Mr. Chairman, Senator Menendez, and distinguished members of the
committee, thank you for holding this hearing on one of the most
terrible human rights abuses of our times--the widespread occurrence of
human trafficking and modern slavery--and thank you for the opportunity
to testify today.
Mr. Chairman, I am the Vice President of Policy and Government
Relations at Humanity United, a U.S.-based foundation dedicated to
building peace and advancing human freedom. Over the past decade,
Humanity United has worked to combat human trafficking and end modern
day slavery in the United States and around the globe.
We do this by building effective networks to address this issue,
raising awareness, encouraging sustained government leadership on the
issue, engaging the private sector to become part of the solution, and
by strengthening and supporting the antislavery advocacy movement.
In that context, we support the Alliance to End Slavery and
Trafficking, a coalition of 14 U.S.-based human rights organizations
that advocates for solutions to prevent and end all forms of human
trafficking and modern slavery around the world. The coalition presses
for lasting solutions to prevent labor and sex trafficking, hold
perpetrators accountable, ensure justice for victims, and empower
survivors with tools for recovery.
scope and nature of trafficking in persons and modern day slavery
Mr. Chairman, human trafficking and modern slavery inflict enormous
human suffering. While data collection on this underground crime is
challenging, we know that tens of millions of people around the globe
are subject to this abuse, and conservative estimates put global
profits at $150 billion.\1\ It is one of the most pressing and complex
human rights challenges of our time, yet also crosses over into such
diverse areas as transnational crime, international humanitarian law,
domestic and international labor frameworks, and migration, among
others.
And we know that human trafficking and modern slavery has many
faces. Exploited through force, fraud, or coercion, these are adults
and children who are forced to work on fishing vessels, in mines,
plantations, sweatshops, and brothels. Two thirds of the profits from
modern slavery come from sex trafficking, while two-thirds of the
victims are in labor trafficking.\2\ We must work urgently to combat
human trafficking in all its forms.
Mr. Chairman, this is not a matter of numbers: each individual
story of this suffering and exploitation is a human rights tragedy that
violates our values and beliefs. As you know, modern slavery is also
not a far away problem that only affects distant lands. It remains a
shock to most Americans but thousands of adults are trafficked into
forced or exploitative labor right here in the United States. Some
estimates suggest that as many as 300,000 U.S. children and youth are
at risk of being trafficked into the commercial sex trade.\3\ Moreover,
the problem is not going away. The National Human Trafficking Resource
Center hotline received nearly four times as many calls in 2013 as in
2008, with calls rising from 5,748 in 2008 to 20,579 in 2013.\4\
Government-funded research also suggests that there are significant
numbers of cases of labor trafficking in the United States.
Extrapolating from prevalence rates in San Diego, California, one DOJ-
funded study estimates that there may be nearly 2\1/2\ million workers
who are victimized by traffickers.\5\
We have also learned that the sometimes-divisive dichotomy between
sex and labor trafficking is an unhelpful lens for examining this
phenomenon. Those exploited for labor often find themselves facing
sexual abuse, which can also be a driver of vulnerability. When I was
in Nepal in 2010, service providers suggested that the figure for such
dual exploitation may be as high as 90 percent of those who have
migrated, a figure I found shocking.
lifting survivor voices
Each of these victims, Mr. Chairman, deserves to become a survivor.
They deserve the assurance that they and their families will be
protected, their perpetrators will be convicted, and the trafficking of
others will be prevented. And we need to support them to raise their
own voices.
This is why I feel extremely privileged to be testifying with two
survivors of human trafficking. Shandra Woworuntu and James Kofi Annan
have faced such abuse, and through their personal strength and
determination have become inspirational leaders in this fight. Pierre
and Pam Omidyar, who founded and fund Humanity United, are true
believers that we can only achieve sustainable social change if we work
alongside those who have been or are on the front lines. So I commend
you, Mr. Chairman, and you, Senator Menendez, for making sure that
their voices continue to be heard.
In that connection, Mr. Chairman, I strongly recommend that you and
your colleagues from the Judiciary Committee introduce and sponsor a
companion to H.R. 500, the Survivors of Human Trafficking Empowerment
Act, introduced by Representatives Honda and Poe in the House. This
bill would ensure survivor voices are heard within the executive branch
as it formulates policies to combat modern slavery. All our efforts in
the United States and globally must be informed by survivors, as well
as civil society.
addressing the challenge of abuses in foreign labor
recruiting and supply chains
Mr. Chairman, turning to solutions, I first want to discuss is the
need for governments and the business community to address the issue of
foreign labor recruiters--one of the leading drivers of the phenomenon
of slavery and trafficking today. Using promises of high salaries and
fake job offers, unregulated and unscrupulous labor brokers can induce
people to migrate thinking that they are going for legal work, only to
trap them in modern slavery. We have heard from both Ms. Bader-Blau and
most poignantly from Ms. Woworuntu about these challenges.
In this regard, let me make a few brief points. Mr. Chairman, it
has become clear that exploitation is not only occurring in the
brothels of Phnom Penh or in the rice mills of southern India. It is
happening as labor recruiters and brokers supply workers to the palm
oil plantations of Malaysia and to construction projects in the Persian
Gulf. It is happening in the shrimp peeling shacks in Thailand and
fishing vessels off its shores. It is happening as recruiters deceive
young women and men with promises of legitimate work only to bind them
into sexual exploitation.
The coercion and fraud used in these cases include a wide range of
abuses, often in different combinations. Unregulated labor recruiters
lure men and women with promises of legitimate and lucrative jobs in
distant locations or foreign countries. The prospective workers
typically pay exorbitant fees equal to 4-6 months of salary to
middlemen for connecting them to potential jobs and for visa expenses,
travel documents, transportation, health screenings, and ongoing
expenses like housing and food. Recruiters are often paid twice for
supplying workers to companies--once by the company that needs the
workforce and once by the worker who is desperate to get the job.
Workers typically borrow money to pay recruitment fees, and the terms
of workers' debts make them unable to repay their loans, particularly
since the job often does not pay the salary they were promised, or is
something altogether different from what they were told they would do.
And of course, as we heard today, recruiters sometimes place
individuals in totally different situations, including in the sex
trade.
Once at their destination, foreign workers may have their identity
and travel documents seized, be threatened with deportation into
danger, and be subjected to life-threatening conditions, confinement,
and of course terrible violence. Debts can be used to ensure workers
remain desperate for long work hours, no matter the conditions and,
along with lack of income and deduction for fees they never knew about,
lead the workers to be vulnerable to threats against them and their
families at home.
Moreover, corruption plays a significant role in modern slavery and
the recruitment system. In the country of origin or destination, or
sometimes both, recruiters bribe government officials to look the other
way. In the worst cases, government officials may come from the
recruitment industry itself, and police or other security forces can be
part of the scheme of coercion, lending the threat of the state to the
threat of the trafficker. The challenges presented by this corruption
should not be underestimated, reflecting a conspiracy between foreign
officials and the labor brokers and employers who pay them off. In this
cycle, many workers who have lawfully issued visas end up in modern
slavery, undermining the immigration systems in destination countries.
Fortunately, international reporting is making this cycle more
apparent. In last year's Trafficking in Persons (TIP) Report, for
example, the State Department laid out much of this coercive cycle with
respect to Thailand and the seafood sector. The report describes the
brutal conditions in the industry and the abuses perpetrated on legal
migrants, illegal migrants, and minorities. Between the TIP Report and
the international reporting on abuses in the seafood industry,
companies in Europe and the United States are coming to the table, but
the right protections and systems to address abuses have yet to emerge.
Thailand is just one example of where the TIP Report can help to
identify a key country of need, analyze foreign government commitment
to combating human trafficking and modern slavery, and point out
sensible solutions.
Abuses like those in the Thai fishing industry are often the result
of a lack of information for those who are seeking jobs to improve
their lives. If prospective workers only know what they are being told
by the labor recruiters who intend to exploit them, they are left to
choose between the immediate prospect of a better life and often vague
warnings that something may happen to them. Left with a choice between
a seemingly tangible improvement for them and their families and a
distant risk that something may go wrong, they tend to choose hope over
fear, often to their great detriment.
Beyond increased transparency, there are numerous potential
solutions to these challenges. One approach is to require greater
transparency and regulate foreign labor recruiters such as those
included in Chairman Ed Royce's H.R.3344--Fraudulent Overseas
Recruitment and Trafficking Elimination Act of 2013. This legislation:
Provides for transparency in contracts and its terms.
Prohibits fees for recruitment.
Requires foreign labor recruiters to register with the
Department of State and authorizes the Department to require a
bond.
Provides a safe harbor to companies that use authorized
recruiters.
Creates enforcement mechanisms against recruiters that
violate the provisions of the law.
A number of these provisions were adopted in the recently
promulgated regulations to implement Executive Order 13627,
Strengthening Protections Against Trafficking in Persons in Federal
Contracts. As the largest single purchaser in the world, full
implementation of these regulations could see a cleansing of
exploitation and abuse in the supply chains of many U.S. Government
suppliers. This ensures taxpayer money does not unintentionally prop up
what is already the booming industry of human trafficking. I urge
Congress to provide the funding needed to implement these regulations
and to ensure that the U.S. Government implements them fully.
One reason to support the legislative approach and to make sure the
implementation of the Executive order works is that such a law and the
Executive order itself could serve as a model for other countries.
Because a government and regulatory framework can still be subject
to manipulation and corruption by traffickers, another needed approach
is to develop better information and more transparent processes for the
workers themselves. We know the power of data and the impact of
transparency to help us make better decisions. With the rapid adoption
of mobile technology and the increasing penetration of mobile devices,
new technological solutions are possible.
One such platform has recently been developed: Contratados.\6\
Think of this as the mobile application Yelp but designed for workers
to review labor recruiters and employers. This technology allows
workers to rate recruitment companies and employers, and to warn other
workers of bad experiences. Developed by Centro de los Derechos del
Migrante, a transnational migrant rights organization based in Mexico,
this type of worker facing platform holds significant promise in
equipping migrants with information to make their decisions and
migration safer. Humanity United is exploring such technological
approaches to better protect migrants around the world.
Companies' efforts to trace their supply chains also represent real
opportunities to address human trafficking and modern slavery. At
Humanity United, we believe business and markets can be instrumental
partners in advancing human freedom. Corporations, with their worldwide
reach and deep engagement with labor--either directly or indirectly
through their contractors and subcontractors--have the opportunity to
ensure that severe exploitation is eliminated in all their operations,
from the assembly of their products to the sourcing of raw materials.
Increasingly, members of the business community are recognizing that
they have not only the opportunity but also the responsibility to stop
trafficking and modern day slavery.
Consumers and investors worldwide are also increasingly expecting
them to exercise that responsibility.
We also need to recognize, however, that this work is not easy.
Much of the most severe exploitation occurs at the very bottom of the
supply chain. Whether it is the charcoal mined with slave labor that is
used to make the pig iron to build the automobiles we drive, or in the
palm oil contained in our toothpaste, forced labor can taint products
we use every day. But more and more tools are being developed, from
both the private and social sectors, for companies to help assess and
remedy worker abuses deep in their supply chains. Companies around the
world are slowly recognizing that there are not only ethical but also
business reasons to clean up their supply chains. Whether it is to
decrease disruptions that may occur when raw materials are extracted
with forced labor, to improve conditions to maintain a workforce with
lower costs for training, to win over talented employees who prefer to
work for companies that avoid modern slavery, or to avoid damage to
their brand, companies are increasingly examining their practices in
both their facilities and their distant supply chains.
And laws like the California Transparency in Supply Chains Act are
requiring them to report on what they are doing. The Congress should
follow suit and make reporting on supply chains a national requirement.
The Government of the United Kingdom is in the process of adopting such
requirements for U.K. companies, and other G20 countries such as
Australia and Canada may follow suit. The United States should help
lead and coordinate this process not just for the sake of transparent
supply chains, but so businesses can follow similar requirements around
the world and not a patchwork of competing efforts and standards.
It is important to recognize that this work is not easy, and
complete transparency for all levels in the supply chain is in most
cases unreachable today. However, corporations can identify risks in
their supply chains and delve deep to determine whether they have
slavery in those areas with greatest risks. It is a calculation they
make all the time.
We in civil society can help. The award-winning Coalition of
Immokalee Workers has shown how corporations and growers can
collaborate with workers to eliminate human trafficking and modern
slavery and sexual abuse from the tomato fields of Florida. And Verite
and Palantir Technologies are partnering to pilot a potentially
transformative analytical product that will enable companies to unravel
complex labor supply chains and identify risks of human trafficking and
forced labor within them. Working closely with participating companies,
Verite and Palantir will integrate corporate supply chain data,
targeted field research on recruitment patterns and networks, and
pertinent public information into a database platform. Verite experts
will analyze the integrated data to illuminate particular labor supply
networks and flag specific risks connected to one or multiple
companies' supply chains. This data, augmented by Verite's high-quality
analysis and targeted recommendations, will be pushed to web-based
applications in Palantir that provide companies valuable information
and actionable intelligence.
However, we in civil society should also recognize that a ``no
tolerance policy'' does not mean ``slave free.'' We should work with
companies to ensure that they take steps to address the problems they
do discover, without pulling out altogether when a situation arises,
which could hurt the workers whose condition we all want to see
improve.
developing unlikely partnerships
Civil society can work across sectors and with companies in other
ways to manage risks in its supply chains. For example, for many years
the private sector and civil society have worked together in
partnership on the challenges presented by clearing rainforest in
Malaysia and Indonesia to create palm oil plantations. Palm oil is used
in a variety of consumer products from soaps and shampoos to crackers
and cookies. For a long time, the focus has been on the environment and
loss of habitat for endangered species. Even today, many focus on this
aspect of palm oil. The recent winner of a video competition for teens
was a young woman worried that palm oil plantations would kill
orangutans.\7\ Yet she could have equally talked about the migrant
workers who were forced to clear the rain forest and harvest palm for
little or no pay and in horrific conditions. Civil society and major
companies are working to move away from these silos toward a more
holistic approach to sustainability, broadening guidelines to include
labor protections that will meet the stated commitment by the
Roundtable on Sustainable Palm Oil to prevent labor exploitation as
well as environmental degradation. Indeed, the first fruits of this
work came to light last week when Wilmar International, the largest
palm oil producer in the world, established an online platform to
promote transparency in its supply chain in partnership with Forest
Trust.\8\ Reporting required by economic, social, and governance
reporting, and the transparency legislation I described above is also
contributing to this increasing openness.
Similarly, Mr. Chairman, Humanity United is working with brick kiln
owners in Nepal to provide incentives to reduce their emissions and to
eliminate child and forced labor. However, we must always be careful
about the unintended consequences of our action. Eliminating child
labor in a particular brick kiln does not mean the child who is no
longer enslaved is free: returning to his or her village, the child may
be coerced into another setting with even worse conditions. As we take
steps to free men, women, and children, we must make sure that we also
take steps to break the chain of coercion by providing educational
opportunities or providing alternatives for livelihood. These can often
be small investments, but can make our efforts to free slaves
sustainable. These risks are also why having baseline measurements and
strong monitoring and evaluation are critical to ensure that
interventions are actually reducing human trafficking and modern
slavery.
Civil society also needs to work together more closely. In this
connection, Humanity United brought together the Alliance to End
Slavery and Trafficking. This coalition has grown to 14 leading human
rights organizations, which focus on a range of issues from cooperation
with law enforcement to assisting survivors to preventing trafficking
in the first place. Focusing on legislative reforms, appropriations
advocacy, and implementation by the executive branch, ATEST has helped
sparked new initiatives across the human trafficking field. We have
sought to press USAID, the Department of Labor, and the State
Department to engage in rigorous monitoring and evaluation to find
sustainable solutions to human trafficking and modern slavery,
including establishing baselines and measuring impact. ATEST also seeks
to further elevate the voices of survivors and help advance the broader
U.S. movement by building deeper and wider networks and networks of
networks to combat trafficking.
The faith community also has an enormous role to play and many are
reaffirming a commitment to ending this terrible human rights abuse.
Last Spring, Pope Francis met with trafficking survivors and in
December hosted a convening of faith leaders to sign a declaration to
abolish modern slavery by 2020. I hope that the Pope will further his
efforts when he visits Washington later this year.
collaboration among donors and public-private partnerships
One major challenge is the need for additional funding to combat
human trafficking and modern slavery. The business of human trafficking
is too large to allow fragmentation of efforts, which is why bringing
government, business, and civil society together is key. But the
private and public sector should also be better coordinated and
mutually reinforcing.
In 2012, Humanity United and the Obama administration launched the
Partnership for Freedom, a public-private partnership designed to bring
private investment in innovation together with government experience to
develop challenges to fight modern slavery. The first competition to
improve support infrastructure for survivors of modern slavery
concluded last year, with winners focused on innovative solutions to
victim identification, health care, and shelter. However, a raft of
additional innovative solutions were surfaced that we hope will get
consideration from other donors. The second competition is being
designed now.
Humanity United also partnered with the Legatum Foundation and the
Walk Free Foundations, philanthropies based in the United Kingdom and
Australia, respectively, to develop the Freedom Fund, a donor
collaborative designed to mobilize the capital and knowledge needed to
end modern slavery. The Freedom Fund has already launched targeted
programs to tackle modern slavery in key countries and industries
around the world.
In addition to donor partnerships, the private sector can also work
directly with governments to combat human trafficking. Whether it is
online marketplaces preventing their platform from being used for sex
trafficking to companies providing needed data analysis, the corporate
sector can play a major role working with law enforcement. The effort
to stamp out Internet pornography by analyzing credit card data, for
example, is a way that companies can work with civil society and law
enforcement to further reduce sex trafficking in the future.
In this connection, Human Rights First, one of the Nation's leading
human rights advocacy organizations, recently launched a campaign with
a diverse set of actors across business, civil society, and the public
sector to go after the business of human trafficking and modern slavery
in all its forms, with the goal of decreasing the rewards and
increasing the risks to perpetrators. I was privileged to participate
in this launch, which included financial companies who showed how
information they collect could help law enforcement here (with the
Department of Justice) and abroad (with the Department of Treasury) to
combat the scourge of modern slavery.
This shows the power of unlikely conversation to create social
change. Humanity United's founders, Pierre and Pam Omidyar, are
committed to a sustained effort to combat modern slavery. That's why
they have made a second $50 million commitment to fight human
trafficking and modern slavery. But they know they cannot win this
fight alone, which is why Humanity United is committed to working to
bring donors together, collaborating with the U.S. Government and
building networks of civil society and survivors to make progress in
the fight to end human trafficking and modern slavery.
conclusion
Mr. Chairman, Senator Menendez and members of the committee, last
week marked the end of National Slavery and Human Trafficking
Prevention Month. Honorary months often seem to be a ritual of
pronouncements and chest thumping, followed by little real action. Yet
this year, it feels like we have reached a turning point in the fight
to combat human trafficking. With multiple legislation passing the
House and being introduced in the Senate, and the administration
committed to cleaning its own supply chains, the tide may be turning
against the perpetrators of this terrible human rights scourge.
Mr. Chairman, last week also marked the 150th year since the House
of Representatives voted to approve the 13th Amendment, ending slavery
in this great Nation. And this coming December, we will mark the
adoption of the amendment as the law of the land. This committee can
play an instrumental role in helping mark that anniversary by pushing
forward the fight against human trafficking and modern slavery.
----------------
End Notes
\1\ ILO, Profits and Poverty (2014).
\2\ Id. See also ILO Global Estimate of Forced Labour (2012).
\3\ http://www.ecpatusa.org/statistics.
\4\ This number reflects both crisis calls by victims but also tips
and other communications,http://www.polarisproject.org/resources/
hotline-statistics.
\5\ Zhang, S. X. (2012). Trafficking of Migrant Laborers in San
Diego County: Looking for a Hidden Population. San Diego, CA: San Diego
State University, https://www.ncjrs.gov/pdffiles1/nij/grants/
240223.pdf.
\6\ http://contratados.org.
\7\ http://www.teensdream.net/(accessed February 2, 2015).
\8\ http://www.triplepundit.com/2015/01/palm-oil-giant-launches-
web-portal-make-supply-chain-transparent/.
The Chairman. Well, thank you for your testimony, and your
entire statement will be made a part of the record. And thank
you each for what you have said today and for sharing your
experiences.
Mr. Kofi Annan, how aware are the people of Ghana that this
slavery issue exists, and what is it that would motivate
parents to allow their children to become a part of this?
Mr. Annan. Thank you very much. There have been a number of
initiatives to create awareness, but there is a long way for us
to go. We have a largely illiterate population, and, therefore,
the platform to use for awareness is very important. If you use
the mass media, you are targeting the elite, and they would
have the information. But they are not the ones that are
primarily affected by this issue, which means that in order to
be effective in creating awareness in the various communities,
you need to target them either in their own languages or in
their communities. And that is where the gap is.
If we are supposed to get into every community with the
message, then it means that the government must take leadership
because government has access to almost all the media
platforms, including the modern media and then the traditional
media. And so, government must take the lead in all of this
that we are doing. I believe that in the next few years, we
need to at least reach half of the population. Now we do not
even--we cannot see that even 20 percent of the population have
been reached with the message. So that makes it very difficult
for us to even assess ourselves as to how we are bringing
everybody on board to create awareness of this situation.
The Chairman. And the parents, though they are obviously
aware in many of the cases that their children are being
victims of slavery, are they not?
Mr. Annan. In most cases when parents are selling their
children, they are oblivious to what the children are going
into because in most cases, they think that because they are
poor, because they cannot take care of them, they are giving
them up for the children to have a better life. They are going
to have education. They are going to be taken care of better
than they are being taken care of in their own homes. They are
going to have better medical care, et cetera, et cetera.
So, they give these children out with all good intentions
in most cases only for those children to end up being enslaved.
And that is where the problem is, and that is where as soon as
they get to know that the reason why they give the children out
is different from how the children are being used, then they
demand that the children to be returned. But because they do
not have the capacity to go and bring their own children back,
that is why they come to some of us to rescue the children for
them. But we are not the ones they should come to. They ought
to go to the government. This is where we will need to sustain
and build upon the successes that we have started by creating
more awareness, so the parents know that it is not a good place
to send their children.
But the only way they should sustain their family and their
children should be, you know, by having their children in a
classroom, because wherever else they go, it ends up being a
bad situation for them.
The Chairman. Thank you very much. Ms. Woworuntu, you are
obviously incredibly well educated, had a great job in
Indonesia, and yet ended up in a situation here in the United
States through a recruiter where you were in obviously a very
terrible situation, fortunately escaped, and are helping
others. Could you tell me a little bit about how that occurred,
what the experience was with the recruiter? And then post that,
how the prosecution worked with you here in the United States?
Ms. Woworuntu. Thank you. At the moment, it was very hard
in Indonesia due to the political and religious circumstances.
The recruiters posted job applications in many media and
newspapers saying that there is a certain job in the United
States or other countries. There was a requirement to pay--in
my case it was $3,000 U.S.--and the job was to work in the
hotel, in the hospital or in some other jobs. So we see the
applications with the promise of a big amount of salary, like
$5,000 per month U.S. of work.
I worked as a manager in a bank. I could save only about
$200. I felt the United States is the dreamland. The U.S.
dollar was a big money for us, so why not? So I tried. I got
the legitimate papers and I applied for the visa, and I got my
visa, and flew to New York. During the prosecution, it was
really hard for me because at that moment I was homeless. They
did not give me a place to stay. When I cooperated with law
enforcement, I was homeless for weeks and months, but they did
not help me to stay in the shelter. And the law enforcement,
they did not believe trafficking happens here.
The police let me down many times, but I kept trying so
that one day they would listen to me. I went to different
places to tell this story, but still they did not listen. And
then a U.S. Navy officer listened to me at the place where I
begged for food to eat. So he connected me to the FBI, and the
FBI appointed one of the local precincts in New York to take my
case.
But during the investigation, they thought I was--I am
sorry in my language, they thought I was a sex worker. But I
told them I had all of the copies of my passport. I flew to New
York City with legal paperwork all complete. So they put me in
the cold room without any food or drink. I asked them, I need
to drink, I need to go to the bathroom, but they did not
listen. They did not help me to handle my trauma in the
investigation process. They just thought maybe I could
cooperate, but I told them the truth. I told them what needed
to be done.
The girls were there. The traffickers were there. I had all
the addresses of the brothel and the hotels because I wrote it
in a notebook. They did not believe me for a couple of hours,
and then finally they said, okay. So we went to the brothel
where I had worked, and my story was true, so they believed me.
So we rescued girls and put my trafficker into the justice
system. I would testify, and we prosecuted--or they prosecuted,
not me--three traffickers and some of the abusers because I was
trafficked by organized crime. But I was not really happy
because they threatened my family in Indonesia, and the
government--the U.S. Government--went to the U.S. Embassy in
Indonesia, got all of my paperwork, but they did not have a
protection for my family.
The traffickers came to my family until 2007. It was about
6, 7 years after I escaped. My family also suffered. I got
protection in the United States, but my family did not get it.
So my trafficker are in Indonesia, and also the biggest travel
agent in Indonesia, and the government did not do anything to
them. That is what I propose if the U.S. Government were able
to lead the connection or collaboration with all of different
countries, not only Indonesia, to do this. Thank you.
The Chairman. Very impactful. Thank you both. And in order
to be courteous to my colleagues, I will press on. I may want
to come back, if it all right, and ask you a question.
Senator Menendez.
Senator Menendez. Thank you, Mr. Chairman, and thank both
of you for being willing to come forth and talk about your
incredibly compelling experiences and the strength of human
dignity to overcome. And it is really, I think, two very
compelling stories among many I am sure that exists. I
appreciate that, and I want to ask you questions in a minute.
Before I get to you, I want to ask Mr. Abramowitz, since
the Trafficking Victims Protection Act was enacted in 2000,
what has been the U.S. Government's top achievements for
combating human trafficking, and what has been its key
failures?
Mr. Abramowitz. Thanks for that question, Senator Menendez.
I think that the first piece of it is they took an
international agreement, the Palermo Protocol, which the United
States became a party to, and they were actually able to try to
take steps in other countries to implement it. I think as many
of you know, international agreements and treaties like this,
they get signed by countries, and then the countries do not
take them seriously. They do not really try to implement
Palermo Protocol. And through the Trafficking Office, the State
Department was able to get countries around the world to pass
laws, which as Mr. Haugen said in the first panel, really are
pretty good. There are gaps. There are problems. And so then,
the question became implementation. So the first, I think,
achievement was that they really have got these issues
mainstreamed into so many of these different places.
Second, I think the TIP Report then measures the behavior
of these states, and has allowed civil society in these various
countries to hold up this report, as much as some of the
governments really hate that they do that, and say, look, here
are the problems that you have. If you do not have these
problems, explain it to the United States. Explain it to us. So
it has really supported civil society in moving forward.
In terms of the challenges that the government has had, I
think one of the major challenges is trying to position this
issue within all the other challenges that the U.S. Government
faces in relation with other countries. As I was saying, I am
very concerned about the TIP Report this year without a TIP
ambassador in place because there are pressures that come from
the field to say, look, you know, this is a very important
country. We are in the middle of negotiations on the
trafficking report. Arguments about whether we cannot talk
about Malaysian electronics, for example, is one issue that the
U.S. Government was wrestling with over the last year.
I think trying to strengthen those efforts to try to have
this be an important value within the U.S. Government is really
critical. I also think this committee can really play a role by
as witnesses come up to the committee, ask them about these
issues, show them your importance when the ambassador nominees
come through your office, talk to them about this issue,
indicate that this is an important issue for all the members. I
think that can really make a difference. Thank you.
Senator Menendez. One other question. We heard a lot of the
testimony so far about these recruiters, and they seem to be a
significant part of the process in which people ultimately get
led to trafficking because they create the nexus between the
workforce and then the exploitation.
I get a sense that we do not really do very much about
pursuing recruiters. Is there not a better way to go after
these recruiters, to think about whether or not they should, as
we find recruiters that are actually in the midst of the
exploitation, deny them visas to the United States, take other
actions, look at that as a criminal enterprise? Give me some
sense about that.
Mr. Abramowitz. Yes. I think there are a number of
different pieces that people are thinking about working on. Ed
Royce's FORTE Act, which was mentioned, creates more
transparency, but also creates a regulatory system which could
be challenging in the current environment, that says that if
you are going to be a recruiter, you have to register. And
companies, if they use recruiters that are registered are safe
if it turns out that it is a bad recruiter. But at least we
will know who they are, and we can target our investigations,
and that is a big problem around the world.
In Nepal, which is going to send 900,000 to 1.5 million
workers to the gulf and to Qatar as part of the World Cup
infrastructure, there are 80,000 unregistered individuals who
are recruiting these people from villages all over the country.
So I think we have to try to talk to the source countries and
try to get that under control.
One of the things that some countries are trying is to say
is, no recruitment fees at all. If it turns out that the worker
can show that there were recruitment fees paid, then that
worker can go to the company who is using that labor and ask
for reimbursement. If the companies are on the hook for having
to pay recruitment fees, they are going to start making sure
that the recruiters are not doing anything that is illegal, and
I think that is a reform that Qatar is looking at, for example.
They have not quite implemented it yet. They said they were
going to do some of things. They have not done them yet. But I
think some of those kinds of those kinds of reforms can really
help.
Senator Menendez. Okay. You mentioned Nepal. The Guardian
reported that in 2014, Nepal citizens working in Qatar, that
one died every 2 days because of extreme heat and conditions
that should not be accepted. So I think we have the Qatari
Foreign Minister here. It might be a good opportunity to raise
some of these issues with him.
Mr. Abramowitz. I agree.
Senator Menendez. Ms. Woworuntu, first of all, thank you
for your work that you are doing in the State of New Jersey on
the Human Trafficking Commission. We appreciate your service.
And in that regard, you know, when you talked about your
experience, how is we--that you think from your experience,
that we get law enforcement and the judicial system to work
better with trafficking victims to investigate and successfully
prosecute those who put you into slavery?
You described a set of circumstances in which you were not
believed. You were thought to be a voluntary sex worker. A
whole different set of circumstances, and you almost had to
fight for credibility. It almost seems to me that there should
be some type of basis under which you are believed until proven
that that is not true. I mean, give me a sense of how you think
we might be able to do better.
Ms. Woworuntu. In 2014, I was with some other survivors at
the Federal level, at a survivor's hearing at the White House.
So I gave my voice that something needs to be done about how
law enforcement works with victims of human trafficking. I used
``victim'' because they need to get help. They need to get
services. They need to be listened to.
So, I talked to the law enforcement at the Department of
Justice and OVC and said that, one, they need to better
identify the victims of human trafficking in sex and labor,
because to identify both sex and labor victims they need to
have specific understanding that there are differences.
Identifying sex trafficking can be hard for law enforcement
because they will not tell you if they are victims because they
are afraid.
For example, young girls are trafficked and then the law
enforcement--excuse my language--busted the place and pulled
the girls to the prison and treated them as criminal, not as a
victim, especially under 18. These are victims, children, yes,
18 years old, children, girls that have become victims. But our
law enforcement still treats them as criminals. They are not in
prostitution. They are victims. So somehow the law enforcement
who work directly in the field, they did not know. They lack
understanding of how they should treat the victims.
Second, they need sensitivity training to identify the
victims of human trafficking. Sensitivity training should
include cultural--American culture and Indonesian culture,
Chinese culture, are different, so they need to understand how
to deal with certain people who came from around the world, and
with the domestic victim as well.
And then the third thing is having the organizations who
give direct victims' services involved in the investigation so
the investigation will be done properly with the right time
management, and also have case management. Usually law
enforcement did not work with case and time management in how
to identify the victims, or how to solve the problem.
Senator Menendez. Thank you. Thank you both for your
insights, and I just want to know, Ms. Woworuntu, that by New
Jersey standards, ``busted'' is a mild world. [Laughter.]
So, thank you.
Ms. Woworuntu. Thank you.
The Chairman. There is more I could say, but I will not.
[Laughter.]
The Chairman. Senator Kaine.
Senator Kaine. Thank you, Mr. Chairman, and thank you to
you all for your very illuminating testimony, and to the chair
and ranking member for calling this hearing. The timing is
exquisite. Yesterday the Vatican announced that this Sunday
would be an international day of prayer against human
trafficking, and the date of February 8 was chosen because it
is the feast day for St. Josephine Bakhita, who was born in
1868 in Darfur, kidnapped at age 9, and then sold into slavery
twice in her life, once in Sudan and once in Italy, before she
passed away in 1947. And so, that is a good thing. I think the
church communities around the world, and this is an ecumenical
effort, educating us all about signs and what we can do to help
is very important.
I just have sort of one question, and I am not exactly
sure--in some ways I had a State Department person here, but
let me just throw the question out. And, Ms. Woworuntu, it is
kind of about your experience. Trafficking in slavery,
different kinds. There is between nations other than the United
States. There is slavery and trafficking within the United
States. Your story is one from another nation into the United
States, and I want to ask about that.
It would seem that we should be able to develop training
for consular officials who are interviewing applicants for
visas. We should be able to develop training for our Customs
and Border Patrol folks that are interviewing visitors as they
come into the United States, that would not always discover
whether somebody was a victim of trafficking, but would, you
know--there has got to be some warning signs that we should be
training our people about.
Is that something that we do well already, or is there more
we can do with our consular officials and our Border Patrol
folks to make sure that we can stop trafficking as it is
occurring? And I would love to hear from any of you on that.
Ms. Woworuntu. Yes. The authorization mentioned about how
Department of State will work on trafficking prevention through
using awareness videos in all U.S. embassies around the world.
But the work is not perfect, and we need to work more. Right
now, Homeland Security has a pamphlet. Department of
Transportation, also UNICEF, has pamphlets everywhere raising
awareness. And the most important is for embassies around the
world to have information about the rights of the persons who
would want to enter to another country.
So far, there is not much information given about the
rights accorded to visitors. I am really advocating about the
prevention in the Department of State, and I will diligently
work for that.
Senator Kaine. Excellent. Mr. Abramowitz.
Mr. Abramowitz. Senator Kaine, I think this is a very
important issue. As Ms. Woworuntu was just saying, in the 2008
act, we required that there be this pamphlet that is given out
to every worker, and the 2013 act required that this video be
actually put in place. And I think those are good things to try
to protect the worker who is coming to the United States so
they know who to call. There are all these stories about how
the worker held onto this little pamphlet and stuck it in their
shoe, and finally when they had an opportunity, they were able
to call a hotline and get out of their slavery.
I think the problem for the consular officer is that, as in
Ms. Wororuntu's case, the case presents reasonably well. There
is an application. There is a job that is supposedly there and
so on, and then they have a very short amount of time to
review. I think that there could be a better way of trying to
determine whether a real job is really happening there, and
also trying to find out who are the bad labor recruiters.
Take her case. This was a major labor recruiting firm that
brought her into this situation, so they should be able to go
to the recruiters and say, what is going on here, we have
problem cases coming from you, and work with the government to
try to say you have got to work on these cases. We have very
skilled Foreign Service nationals in our embassies in the
consular section, and if we devoted more resources to doing
more investigations of which of these labor recruiting
companies were really a problem, that could make a big
difference.
Senator Kaine. Like the other members of the committee, I
do a good bit of traveling. And any time I travel, I try to sit
down with our troops who are in the places I am, but I also try
to sit down with Foreign Service officers on their first or
second tours just to hear about the challenges. And almost all
in early tours are working in consular capacities, and, you
know, I am struck by how hard their job is. The volume of
applications is huge, and it is very difficult.
But it would seem like, you know, we ought to be able to
give kind of almost profile information. You know, here is the
kind of thing to watch out for that might suggest that there is
trafficking going on. And we ought to have enough institutional
expertise within State, and DHS, and everybody that is--DOL and
DOJ that is working on this, to give that kind of information,
both in the consular officers and at the Border Patrol sites.
So that is a question that I will follow up with maybe for the
record or follow up directly with the agencies about.
Mr. Abramowitz. Yes, I think that between the visa fraud
section at State, the Department of Homeland Security, and the
Justice Department, you could put together an interesting
profile, of course, context by context.
Senator Kaine. Yes.
Mr. Abramowitz. I will say in the earlier panel, Senator
Kaine, you missed an exchange about diplomatic visas, and there
are some real concerns around whether the Protocol Bureau and
the State Department is doing enough. You all are familiar with
the Khobragade case where there was a case brought against an
Indian diplomat in New York because of forced labor with a
domestic servant, and because of a variety of issues that case
was let go.
And as Ms. Bader-Blau mentioned in the previous panel,
there are these questions about what is going on with India and
whether they are trying to get out of the oversight framework
that was created in the 2008 act over a specific visa category
that is usually used to go to a different visa category for
these domestic servants. And I do think that that should be
looked at by you and the staff to see what is going on there.
Thank you.
Senator Kaine. All right. Thank you very much for your
testimony today. Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Kaine. I want to thank you
for being here. I think this has been most impactful. I want to
thank our ranking member for his shared interest in this topic
and for allowing this hearing to go forward today as it has,
and hopefully it will produce results here.
To the two witnesses who have been victims, I want to thank
you for the courage to be here, but also taking your
experiences and using it to help other people, and to help us
today, first, to understand some of the cultural issues and the
lack of awareness. I mean, it seems to me that one of the easy
to produce outcomes is to make sure people are more fully
aware, and that parents understand what is happening in various
countries with their young ones.
And to understand the tremendous plight of victims, who, in
many cases, are not dealt with as victims. That is an
experience that we heard from others. And, again, just creating
more awareness with the law enforcement agencies, but also
making sure that we use best practices, and your efforts to
work through public policy to deal with this effectively. All
three of you have been outstanding witnesses. Our first panel
certainly was a very good panel. And as Senator Kaine
mentioned, I cannot imagine a better time for us to be focused
on this.
The issue regarding foreign officials, we do have a meeting
today with a Foreign Minister, and, candidly, the topic is
ISIS. And a lot of times we do get caught up, as we should, in
important issues of national security. But to be aware of this
issue also, and to be able to push this as we meet with other
officials, but also to produce some public policy hopefully
that will deal with this on a far grander scale with a much
bigger vision.
So thank you all for being here. Your testimony was
outstanding.
And for the information of the members, the record will
remain open until the close of business on Friday, February the
6th, including for members to submit questions for the record.
We ask, if you will, to respond as promptly as you can to
those. Your responses will also be made a part of the record.
And with the thanks of the committee, this hearing is now
adjourned. Thank you.
Mr. Abramowitz. Thank you, Mr. Chairman.
Ms. Woworuntu. Thank you.
The Chairman. Thank you.
[Whereupon, at 11:50 a.m., the hearing was adjourned.]
----------
Additional Material Submitted for the Record
Submitted for the Record by David Abramowitz
[From The Hill (Capitol Hill Publishing Corp.), Jan. 30, 2015]
Momentum for Anti-Trafficking Builds, But Ambassadorship Still Vacant
(By David Abramowitz, contributor)
This week marks the end of National Slavery and Human Trafficking
Prevention Month. Honorary months often seem to be a ritual of
pronouncements and chest thumping, followed by little real action. Yet
this year, it feels like we have reached a turning point in the fight
to combat human trafficking.
Fifteen years ago, human trafficking was a niche issue with only a
few Members of the U.S. Congress paying attention. In the last few
years, however, the circle of champions has exploded. Just this week,
12 pieces of legislation were considered on the House floor touching a
wide range of issues, from child welfare to increasing the U.S.
Government's focus on trafficking to finding more resources for
survivors. The Senate is also gearing up to move forward with its own
bipartisan proposals (including the Runaway and Homeless Youth and
Trafficking Prevention Act), and the Obama administration has just
released long-awaited regulations to implement the President's
Executive order to prevent human trafficking in federal procurement.
Civil society engagement in the field has also continued to grow.
Human Rights First (HRF), a leader in human rights advocacy, is
launching a new campaign to disrupt the business of human trafficking
which will focus on more prosecutions of all perpetrators, promoting a
victim-centered approach and pushing the U.S. Government and businesses
to do more to prevent and respond to modern slavery. (Full disclosure:
I have been working with HRF to shape this new campaign.) Furthermore,
philanthropic partnerships like the Freedom Fund (which Humanity United
supports) are bringing further coordination and new funding to this
field, both here and abroad.
The faith community is also reaffirming a commitment to ending this
terrible human rights abuse. Last spring, Pope Francis met with
trafficking survivors and in December hosted a convening of faith
leaders to sign a declaration to abolish modern slavery by 2020.
With all this activity however, there is one glaring gap: the lack
of an Ambassador at Large to Monitor and Combat Trafficking in Persons.
The so-called TIP ambassador position at the U.S. State Department has
been vacant for 2 months, with even longer delays ahead given that the
position requires Senate confirmation. The U.S. is considered one of
the global leaders in combating human trafficking and the absence of
the TIP ambassador can jeopardize U.S. leadership.
Finding the right candidate is challenging. The TIP ambassador will
need to help build this field and heal the remaining fissures that
exist within it. Such a person must be committed to an inclusive and
balanced approach to combat labor and sex trafficking of both adults
and children. The ambassador will also have to be committed to
improving services for survivors. Additionally, an individual who can
focus on prevention of trafficking beyond deterrence could have a major
impact on the field. And, of course, the ambassador must be able to
produce a strong annual Trafficking in Persons Report. The TIP report
is one of the key tools for asserting U.S. global leadership in this
space. Foreign governments may complain about their treatment in the
report, but they respond when called out in this public manner. Given
the diverse interests involved in combating human trafficking, this
diplomat will have to work across stakeholder communities, foreign
governments, with the business community and even within the U.S.
Government so that the TIP Report, the TIP office and thus U.S. efforts
to combat trafficking are as strong as possible.
With so much ambition and enthusiasm around the fight to end human
trafficking and modern slavery, we need an ambassador who can take this
momentum and harness it. She or he must steer it toward meaningful,
practical change for all victims of modern slavery suffering in
terrible conditions; for survivors who are seeking to overcome their
exploitation; for businesses with complex supply chains; and for
governments seeking to address (or willfully ignore) the current
manifestations of slavery within their borders.
The gains of the past 15 years are starting to bear fruit. Now is
the time for action and sustainable solutions--and a new TIP ambassador
can play an important role in bringing those solutions to reality.
ENDING MODERN DAY SLAVERY:
THE ROLE OF U.S. LEADERSHIP
----------
WEDNESDAY, FEBRUARY 11, 2015
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
The committee met, pursuant to notice, at 2:18 p.m., in
room SD-419, Dirksen Senate Office Building, Hon. Bob Corker
(chairman of the committee) presiding.
Present: Senators Corker, Johnson, Gardner, Menendez,
Cardin, and Shaheen.
OPENING STATEMENT OF HON. BOB CORKER,
U.S. SENATOR FROM TENNESSEE
The Chairman. This hearing of the Senate Foreign Relations
Committee will come to order.
And thank you so much for being here. I will introduce you
in one moment.
I want to thank the other committee members for their
interest.
We have convened this hearing to understand how U.S.
leadership can best be deployed to deal a mortal wound to
modern slavery. Last week, the committee heard from two panels
of private witnesses. We received testimony from leaders in the
effort to combat modern slavery. We also heard from brave
individuals who escaped from modern slavery and went on to help
others.
Today we welcome Dr. Sarah Sewall. I have heard many good
things about the Under Secretary of State for Civilian
Security, Democracy, and Human Rights at the U.S. Department of
State. The State Department's office to monitor and combat
trafficking in persons falls under your purview, and we
appreciate your efforts.
Conflict exposes vulnerable people, especially women and
children, to being enslaved and exploited. The horrifying
examples set by ISIL and Boko Haram could not be starker.
But even in countries with laws and institutions, insidious
forms of modern slavery exists. Perversely labor recruiters
extract money from impoverished people with empty promises and
deliver them into bondage and sexual exploitation.
For 14 years, as defined and authorized by Congress, the
State Department has issued an annual report on trafficking in
persons. This report, as Secretary Kerry has said, sets the
gold standard. The report reviews the efforts of countries to
address trafficking in persons especially in the most severe
forms. Its findings are not always welcome, but we know they
have made a difference.
Under Secretary Sewall has said that almost every issue she
touches has implications for human trafficking. Whether working
with the Bureau of Counterterrorism, Democracy, Human Rights,
and Labor, Population Migration and Refugees, International
Narcotics and Law Enforcement Affairs, Conflict and
Stabilization Operations, often there is a trafficking angle.
Today we hope to learn how U.S. leadership is already
making a difference and how, working in partnership with the
State Department and reaching out to like-minded governments,
we can take our efforts to the next level to find the best way
forward to begin the process in earnest of putting an end to
modern slavery.
Thank you.
And with that, I will turn to our distinguished ranking
member, Bob Menendez.
OPENING STATEMENT OF HON. ROBERT MENENDEZ,
U.S. SENATOR FROM NEW JERSEY
Senator Menendez. Thank you, Mr. Chairman, and thank you
for your focus on addressing the issue of trafficking in all of
its forms. Sexual exploitation, forced labor, forced marriage,
debt bondage, and the sale and exploitation of children around
the world should be a global cry for justice. But as Benjamin
Franklin said, justice will not be served until those of us who
are unaffected are as outraged as those who are.
Today we are all outraged at the violence, psychological
terror, the greed that drives human trafficking. We are
outraged that there are 50 million refugees and displaced
people around the world, the largest number since World War II,
many of whom are targets of traffickers. We are outraged that
there are 21 million victims of human trafficking, over 5
million of whom are children, and that forced labor generates
about $150-plus billion in profits annually, the second-largest
income source for international criminals next to the drug
trade.
We know that NGOs and civil society have been doing what
they can to combat this scourge, but we can all do more. The
State Department's Office of Trafficking in Persons has been
nothing less than extraordinary, but it remains understaffed,
underresourced and without leadership, leaving Under Secretary
Sewall's efforts all the more important. Certainly Government
can do better. Companies can do more. They can clean up the
supply chains and make that information public. The public can
be more aware of who picks the fruit on their breakfast cereal
in the morning, how many women and children it took trapped in
a sweat shop to sew the dresses and shirts they are wearing.
In my view, reform of the labor recruitment process and the
regulation of labor recruiters is crucial to helping enslaved
Bangladeshi women serving as domestic servants in the Middle
East, construction workers from Nepal building World Cup Soccer
stadiums in Qatar, or Rohingya men trapped on Thai shrimp boats
supplying American fish markets. Those are just some of those
elements.
And finally, Mr. Chairman, let me just say I am also
outraged at the scourge of diplomats who themselves are
trafficking domestic workers, bringing them to the United
States to work in embassies and missions here in Washington and
around the world. We had a case like this in my home State of
New Jersey. I know Secretary Kerry has committed to preventing
such abuse, and I look forward to hearing what is actually
being done. And I am anxious to hear what is being done to
mitigate the diplomatic situation that arose in the high-
profile case of an Indian Deputy Counsel General in New York
who was charged with visa fraud in a trafficking-like
situation. But I look forward to seeing what we are doing in
that regard as well, and I look forward to hearing our witness.
The Chairman. Thank you, Senator Menendez, and thank you
for your shared interest in this issue and your comments.
And now we will turn to our witness. Our witness today is
Dr. Sarah Sewall, the Under Secretary of State for Civilian
Security, Democracy, and Human Rights. She was sworn in as
Under Secretary on February 20, 2014, and serves concurrently
as the Special Coordinator for Tibetan Issues.
Over the previous decade, Dr. Sewall taught at Harvard
Kennedy School of Government, where she also served as director
of the Carr Center for Human Rights Policy, launched the MARO
Project, Mass Atrocities Response Operations. In 2012, she was
Minerva Chair at the Naval War College. During the Clinton
administration, Dr. Sewall served as the inaugural Deputy
Assistant Secretary of Defense for Peacekeeping and
Humanitarian Assistance. Prior to joining the executive branch,
she served 6 years as the senior foreign policy advisor to U.S.
Senate Majority Leader George Mitchell.
I want to thank you for being here. You have had a very
distinguished career. You are either really, really qualified
or cannot keep a job. [Laughter.]
But you have done a lot of different things. But I think it
is the first.
Thank you for being here and sharing your testimony. And we
will remind you that your full statement will be entered into
the record. Thank you.
STATEMENT OF HON. SARAH SEWALL, UNDER SECRETARY OF STATE FOR
CIVILIAN SECURITY, DEMOCRACY, AND HUMAN RIGHTS, U.S. DEPARTMENT
OF STATE, WASHINGTON, DC
Dr. Sewall. Thank you very much, Chairman Corker, Senator
Menendez, members of the committee, ladies and gentlemen.
It is a pleasure to be here today, and I want to begin by
thanking you and many members of this committee for their
leadership in combating trafficking in persons. And on behalf
of the State Department, I look forward to working closely with
you to tackle this terrible crime and human rights abuse.
I think it is fair to say that trafficking in persons and
the efforts to combat it is a personal priority of the
Secretary. It is certainly a personal priority of mine, and it
is a priority for the State Department and this administration.
It harms people and communities. It corrupts labor markets and
global supply chains. It undermines the rule of law and
stability.
And in today's global community, we are all as citizens and
as consumers impacted by slavery even if we do not realize it.
I recently took a survey on SlaveryFootprint.org, and it was a
stark reminder that many of the products I use on a daily
basis, the battery in my cell phone, the chocolate that I eat,
the cotton clothes that I wear may have been produced by
slaves. Slavery Footprint has reached millions of consumers
globally, giving them a voice to demand that the products they
buy are made free of forced labor. It is seed-funded by the
State Department, therefore one example of the types of
programs that we are supporting to elevate the global
conversation on modern slavery.
The U.S. Government is making major efforts here at home to
combat this scourge. As the largest purchaser of goods and
services in the United States and overseas, the American
Government must set the highest standards for its business
practices. Executive Order 13627 was the President's Executive
order committing to strengthening protections against human
trafficking in Federal contracting. The Federal Acquisition
Regulatory Council published updates to the Federal acquisition
regulation implementing this order.
In addition, the State Department funded Verite, a labor
rights NGO, to develop a range of tools and resources for
Federal contractors and businesses to help them mitigate the
risks of human trafficking in their supply chains.
We have come a long way, Mr. Chairman, in the last 15
years; 166 states are now party to the Palermo Protocol. Human
trafficking has moved from a misunderstood side issue to an
international priority. Over 100 countries have passed
antitrafficking laws, and many have established specialized law
enforcement units, victim assistance mechanisms, and public
awareness campaigns. But, of course, much work remains.
Although the ILO estimates that there are 21 million
victims of forced labor around the world, the State
Department's Trafficking in Persons TIP Report notes that fewer
than 45,000 trafficking victims had been identified by
governments in the year 2014. Convictions of traffickers
remains woefully insufficient. Adequate antitrafficking laws
are an important first step to address the troubling trend, but
these laws must be enforced and traffickers held accountable.
Aware and capable states are the key to tackling this crime, an
issue to which I shall return.
Now, as you know, the TIP Report has been a critically
important tool. The report assesses the adequacy of national
laws in prohibiting and punishing trafficking, and it evaluates
government actions to prosecute suspects and protect victims.
The report's tier rankings help hold governments accountable in
their efforts to develop the policies and structures to fight
this crime. Researchers have documented the correlation between
tier ranking downgrades and states' subsequent enactment of
antitrafficking legislation.
The TIP Report makes specific recommendations for how each
country can better prevent trafficking, prosecute suspected
perpetrators, and assist victims. And these recommendations in
turn guide U.S. diplomacy and they serve as a roadmap for
institutional changes.
Additionally, the State Department and USAID combine
antitrafficking and labor rights diplomacy with specific
programming to help countries achieve better results. State's
TIP Office currently oversees 98 projects worth over $59
million in 71 countries. And these projects target both sex and
labor trafficking through implementation of what is known as
the 3P paradigm, prevention, protection of victims, and
prosecution of suspected traffickers.
Much of our antitrafficking assistance helps partner
governments build their own capacity. So in the last 2 years,
Botswana, Haiti, Maldives, Papua New Guinea, and Seychelles all
passed antitrafficking laws. And last March, the Bahamas
secured its first conviction.
Since 2001, USAID has programmed approximately $180 million
in antitrafficking activities in 70 countries and regional
missions. And in Jordan, USAID integrated countertrafficking
activities into a broader human rights program in combating
sexual- and gender-based violence, early marriage, and child
labor among Syrian refugees and host communities.
In 2013, Congress saw fit to give the State Department a
new innovative tool, the Child Protection Compacts. Through the
partnership, we will develop tailored policies to focus on one
particular case, and I am pleased to announce today that we
have proposed our first partner in that CPC partnership, which
is to work with the Government of Ghana.
The struggle against modern slavery is one of the
interconnected threats and opportunities. It involves good
governance, and the broader work of State and AID, in
partnership with other actors, is just vital if we are to truly
tackle this global challenge. Conflict, corruption, and
underdevelopment fuel trafficking risks, and the U.S.
Government works to address these underlying causes as part of
our foreign policy, even as we have pioneered innovative
programs specifically aimed against human slavery.
I am very proud, Mr. Chairman, of the leading role the
United States has played with strong leadership from Congress
in elevating the global profile of this issue, helping free
individuals from modern slavery, and galvanizing the work of
others. The road is long in our battle against human
trafficking, but working with global partners, the United
States will not relent in our multipronged approach to combat
the crime.
We welcome Congress' interest. We welcome your interest
particularly, Mr. Chairman, and we look forward to working
together and to the dialogue. Thank you.
[The prepared statement of Dr. Sewall follows:]
Prepared Statement of Dr. Sarah Sewall
Chairman Corker, Senator Menendez, members of the committee, ladies
and gentlemen, thank you, Mr. Chairman and members of the committee,
for your leadership in combating trafficking in persons. On behalf of
the State Department, I look forward to working closely with you to
tackle this terrible crime and human rights abuse. This issue is a
policy priority for the administration and Secretary Kerry, in
particular, and I thank you for the opportunity to speak today.
What do we, in the U.S. Government, mean when we talk about human
trafficking? Under the Trafficking Victims Protection Act (or TVPA),
trafficking in persons includes forced labor, forced prostitution of
adults, and the prostitution of children. The term ``human
trafficking'' describes acts of recruiting, harboring, transporting,
providing, or obtaining a person for compelled labor or commercial sex
acts through the use of force, fraud, or coercion, although inducing
minors into the commercial sex trade is considered trafficking even if
no force, fraud, or coercion is involved. It can include, but does not
require, movement of individuals.
Trafficking in persons harms people and corrodes communities. It
corrupts labor markets and global supply chains that are essential to a
thriving global economy. It undermines rule of law and stability.
Fighting trafficking in persons is the smart thing to do, and it is the
right thing to do. As President Obama has said, ``Our fight against
human trafficking is one of the great human rights causes of our time,
and the United States will continue to lead it.'' It is our
responsibility as a country and as individuals to protect the universal
values of liberty and freedom.
There is a lot that we as individuals can do to join this struggle
against modern slavery. I recently went to SlaveryFootprint.org and
took a survey to learn how my consumption habits are connected to
modern-day slavery. It was a stark reminder--many of the products I use
on a daily basis, the battery in my cell phone, the chocolate I eat,
the cotton clothes I wear, may have been produced from the work of
dozens of slaves. Slavery Footprint, a project seed-funded by the State
Department, has reached millions of consumers globally and given them a
voice to insist that the food we eat and the products we buy are made
free of forced labor.
Let me begin by discussing what the U.S. Government is doing here
at home. Federal agencies have been going the extra mile, spurred by
President Obama's March 2012 direction to his Cabinet to redouble the
administration's efforts to combat human trafficking. The President's
Interagency Task Force to Monitor and Combat and Trafficking in
Persons, which Congress established and Secretary Kerry currently
chairs, has strengthened its collaborative work, including developing
and implementing the Nation's first-ever ``Federal Strategic Action
Plan on Services for Victims of Human Trafficking in the United
States.'' Government agencies are enabling law enforcement and service
providers to deploy resources more effectively and raising public
awareness both at home and abroad.
Federal agencies are also working to expand partnerships with civil
society and the private sector to bring more resources to bear in
fighting this injustice. The Treasury Department's Financial Crimes
Enforcement Network issued an advisory last September to financial
institutions on recognizing ``red flags'' that may indicate financial
activity related to human trafficking as well as the distinct crime of
human smuggling. The advisory provides common terms that financial
institutions may use when reporting activity related to these crimes
that will assist law enforcement in better identifying possible cases
of human trafficking.
As the largest single purchaser of goods and services both in the
United States and around the world, the U.S. Government must set the
highest standards for our own business practices. With Executive Order
13627, the President committed the Federal Government to strengthen
protections against human trafficking in federal contracting. Just over
a week ago, the Federal Acquisition Regulatory Council published
updates to the Federal Acquisition Regulation, as required by this
Executive order and related requirements in the Ending Trafficking in
Government Contracting Act (set forth in the National Defense
Authorization Act for 2013), establishing a number of new and important
antitrafficking safeguards. In addition, the State Department funded
Verite, an award-winning labor rights NGO, to develop a range of tools
and resources for all businesses--not just federal contractors--
committed to preventing trafficking. As part of this initiative, Verite
just published a report entitled ``Strengthening Protections Against
Trafficking in Persons in Federal and Corporate Supply Chains,'' which
details the risks of human trafficking in 11 key sectors where federal
procurement is significant. This type of supply chain risk analysis can
help federal contractors, other businesses, and consumers identify and
mitigate human trafficking.
Here in the United States, we have modern-day heroes who are
changing how we do business. The members of the Coalition of Immokalee
Workers have transformed Florida tomato fields from a place of
widespread egregious exploitation into one where workers' rights are
not only respected, but prioritized. They demanded that the large
restaurant and supermarket chains purchase tomatoes at a fair price. On
January 29, in front of leaders from the private sector, civil society,
and the Federal Government assembled for a White House Forum on
Combating Trafficking in Persons in Supply Chains, Secretary Kerry
presented the Coalition with the 2015 Presidential Award for
Extraordinary Efforts to Combat Trafficking in Persons. Among the
accomplishments for which the Coalition was recognized is its Fair
Foods Program, a highly successful worker-based social responsibility
model that leverages the market power of major corporate buyers,
coupled with strong consumer awareness, worker training, and robust
enforcement mechanisms to end labor trafficking, enhance wages, and
promote workplace rights.
Congress and the American people also have much to be proud of.
This year marks the 15th anniversary of the Trafficking Victims
Protection Act, as well as the United Nations Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, known as the Palermo
Protocol. We have come a long way in the past 15 years: 166 States are
now party to the Palermo Protocol. Human trafficking has moved from a
misunderstood issue to an international priority. More than 100
countries have passed antitrafficking laws and many have established
specialized law enforcement units, set up trafficking victim assistance
mechanisms, and launched public awareness campaigns aimed at combating
this worldwide crime that affects every country.
However, we have a long way to go. Although the International Labor
Organization (ILO) estimates there are 21 million victims of forced
labor around the world, the 2014 Trafficking in Persons (TIP) Report
notes that fewer than 45,000 trafficking victims were identified in
2014. Convictions of traffickers remain woefully insufficient given the
magnitude of the crime. This is a troubling trend we must continue
working to address. Having adequate antitrafficking laws is an
important first step for any country, but these laws must be enforced,
and traffickers held accountable.
Fueled by the dedication of officers in every bureau of the
Department as well as at U.S. missions around the world, the TVPA-
mandated TIP Report plays an important role in confronting this
lucrative crime. In accordance with the Minimum Standards of the TVPA,
the TIP Report assesses the adequacy of national laws in prohibiting
and punishing the crime and evaluates government actions to prosecute
suspects and protect victims. Countries and territories are ranked by
tiers based on these standards. Tier 1 countries fully comply with the
Minimum Standards. Tier 2 and Tier 2 Watch List countries do not, but
are making significant efforts to do so. Tier 3 countries are not
making significant efforts to fully comply with the Minimum Standards.
These rankings help hold governments accountable in their efforts to
fight human trafficking. They motivate governments to develop policies
and structures to fight this serious crime. In fact, researchers have
documented the correlation between tier-ranking downgrades and states'
subsequent enactment of antitrafficking legislation.
The TIP Report includes specific recommendations for how each
country can better prevent this crime, prosecute its suspected
perpetrators, and assist its victims. These recommendations are the
heart of the report. They guide U.S. diplomacy and engagement on human
trafficking issues--both publicly and privately. They also serve as a
roadmap to better address the problem--not for the sake of improving a
tier ranking, but to make institutional changes that will put
additional traffickers behind bars, help victims get assistance, and
prevent exploitation of the vulnerable.
A key element to the TIP Report is identifying and documenting
trends in types of exploitation, in criminal strategies, and in raising
awareness and cracking down on the crime. For example, over time we
have seen more governments recognize the important contributions of
NGOs in this fight and improved cooperation, especially in the areas of
victim identification and victim services. Many countries are beginning
to grapple with the extent and challenges of detecting forced labor.
While we have seen an increase in the detection of forced labor cases,
there is still a large disparity in government efforts to address
forced labor, which is considered to be more prevalent globally than
sex trafficking. In victim identification and services, women and girls
appear to comprise the vast majority of identified victims of sex
trafficking and are also a substantial portion of labor trafficking
victims. In addition, we have seen links in regional and transregional
human trafficking to economic disparity and migration flows, the
presence of organized crime, conflicts and political instability,
official corruption and weak rule of law.
The State Department and USAID have sought to combine
antitrafficking and labor rights diplomacy with complementary
programming to help countries achieve results. The State Department's
Trafficking in Persons (TIP) Office is currently overseeing 98 projects
worth over $59 million in 71 countries around the world. The TIP
Office's foreign assistance targets both sex trafficking and labor
trafficking through implementation of the ``3P'' paradigm of
prevention, protection of victims, and prosecution of suspected
traffickers. A fourth ``P'' for partnership, is also a critical element
in the majority of programs. Along with funding NGOs that offer
services to trafficking victims, much of our antitrafficking assistance
is designed to help partner governments build their own capacity to
fight human trafficking. In the last 2 years, Botswana, Haiti,
Maldives, Papua New Guinea, and Seychelles all passed antitrafficking
laws, and Morocco and Namibia have drafted antitrafficking legislation.
In March 2014, the Bahamas secured its first conviction for human
trafficking. Maldives also saw its first trafficking conviction.
Successful programs often work in close partnership with host
country governments and key stakeholders to encourage a comprehensive
response to trafficking. For example, in Afghanistan, a State
Department grantee partnered with the Ministry of Women's Affairs to
establish an advocacy council comprised of local nongovernmental
organizations and relevant government agencies to enhance protection
measures for victims of human trafficking. The council and government
coalition partners have adopted minimum standards of care for
trafficking victims and provide training and capacity-building
assistance. The TIP Office is currently funding a global project that
integrates survivors of trafficking into a 6-month vocational and
educational program in the hotel service industry. The project provides
survivors and at-risk youth with life skills and vocational training
through a combination of training and practical instruction in
coordination with leading hotels. This project has already demonstrated
successes in Mexico and Vietnam and was recently expanded to India and
Ethiopia.
Labor programming from the State Department's Bureau of Democracy,
Human Rights, and Labor (DRL) targets forced labor through
strengthening the organizational and technical capacity of worker
rights organizations, providing socioeconomic support and alternative
livelihood opportunities to exploited workers, and strengthening
systems to promote identification and remediation of labor law
violations in a variety of sectors at the local, regional, and
international levels. DRL's grants are designed to bolster civil
society and labor's capacity to play a role in migration policymaking.
The Department makes an effort to ensure that trade and investment
policies, agreements, and preference programs consistently address work
conditions for both national and foreign migrant workers. In
collaboration with the State Department's Economic Bureau and the
Department of Commerce, DRL partners with multinational corporations,
business councils, and American Chambers of Commerce to convey
expectations on labor rights both to host governments and to companies
within their supply chains.
The State Department's Bureau of Population, Refugees, and
Migration funds eight regional migration programs that build government
and civil society capacity to identify and protect vulnerable migrants,
including victims of human trafficking. The Bureau also funds a program
that facilitates the family reunification of foreign trafficking
victims identified in the United States and contributes to a global
fund that helps stranded trafficking victims voluntarily return home.
Corruption and an environment of impunity are significant factors
contributing to the practice of human trafficking. The Bureau of
International Narcotics and Law Enforcement Affairs has some of the
Department's strongest tools for strengthening rule of law and helping
governments prevent and combat corruption. Its anticorruption and law
enforcement programming provides training to law enforcement officers
and the judiciary on investigating human trafficking and corruption
cases and address the linkages among human trafficking, corruption, and
organized crime.
Interagency training at U.S. missions overseas, including Brazil,
Cambodia, the Philippines, Togo, the Dominican Republic, and Hong Kong,
will enable State Department, DHS, and FBI agents to pursue trafficking
cases in the United States through international cooperation and
engagement in foreign countries. These agencies have trained some 2,000
law enforcement and consular officers, as well as locally employed
staff, at embassies and consulates around the world. Closer to home on
our border with Mexico, the Departments of Justice and Homeland
Security have collaborated with Mexican law enforcement counterparts to
exchange leads and evidence, assist victims, and develop high-impact
prosecutions under both U.S. and Mexican law.
USAID is one of the largest donors engaged in efforts to counter
human trafficking. Since 2001, USAID has programed approximately $180
million in antitrafficking activities in over 70 countries and regional
missions. Throughout all of its work, USAID seeks to address the root
causes of exploitation and vulnerability, such as gender and ethnic
discrimination, lack of educational and employment opportunities, weak
rule of law, and the absence of social welfare safety nets. In Jordan,
USAID has integrated countertrafficking activities into a broader human
rights program combating sexual- and gender-based violence, early
marriage, and child labor among Syrian refugees and host communities
affected by the Syrian crisis. With State Department funding, the
International Centre for Migration Policy Development is assessing the
impact of the Syrian war on trafficking in persons in Syria and the
surrounding region (Iraq, Jordan, Lebanon, and Turkey).
In Bangladesh, along with providing training and technical
assistance to a range of government officials, USAID has worked to
improve community awareness of the risks of human trafficking
throughout the country. Local government officials, teachers, parents,
students, and community leaders have learned how to prevent human
trafficking and support the needs of survivors. USAID also has helped
prospective migrant workers protect themselves from deception and abuse
through awareness campaigns and trainings on the overseas recruitment
process, worker registration, and other risks they may face. USAID
continues to train media professionals, NGOs and independent
journalists on investigative reporting, story development, and human
rights with a focus on migrant worker rights. Complementary TIP Office
programming has supported the development and distribution of an
antitrafficking law enforcement training toolkit and hands-on training
for 45 Bangladeshi law enforcement officials on the toolkit's practical
application. In Dhaka, Bogra, and Jessore, 258 trafficking survivors so
far have received State Department supported shelter, rehabilitation,
and reintegration services.
In 2013, Congress gave the State Department a new innovative tool
to combat trafficking of children, the Child Protection Compacts (CPC).
The compacts can help build sustainable and effective systems of
justice, prevention, and protection. I am pleased to tell you that the
TIP Office is moving forward to propose the first Child Protection
Compact Partnership--to be developed and implemented jointly with the
Government of Ghana. This Compact Partnership will include developing a
collaborative plan to implement new and more effective policies and
programs to reduce child trafficking and improve child protection in
Ghana. Several strong civil society organizations are currently working
to address child sex trafficking and forced labor in Ghana and, in
addition to the Ghanaian Government, the TIP Office expects to engage
multiple partners to fulfill the promise of this first Partnership.
Our international partners--including civil society, other
governments, and international organizations--play an essential role in
making each step forward possible. In the Asia-Pacific region,
Australia has taken on a leadership role with its Australia-Asia
Program to Combat Trafficking in Persons, a 5-year AUD50 million
program to support the Association of Southeast Asian Nations (ASEAN)
and seven Southeast Asian countries in developing and implementing
criminal justice responses to trafficking in persons. In addition,
Australian police regularly conduct trainings to combat child sex
tourism and other forms of human trafficking across the Asia-Pacific
region. ASEAN under the Government of Burma's chairmanship chose to
highlight antitrafficking priorities in 2014.
The European Union is strengthening antitrafficking efforts across
its member states through the issuance and enforcement of its 2011
antitrafficking directive, as well as the 2012 directive establishing
minimum standards of support to victims of crime. Sweden has allocated
millions of dollars in antitrafficking funds in recent years, including
in grants to international organizations such as UNICEF and the
International Organization for Migration. The Government of the United
Kingdom has committed to increase antitrafficking engagement in select
countries around the world and will build on current antitrafficking
programming including ``Work in Freedom''--a 5-year, approximately $15
million initiative implemented by the ILO to prevent trafficking for
labor exploitation of 100,000 women and girls in South Asia by
targeting known routes used for the trafficking of migrant workers from
South Asia to the Gulf States.
In December, with U.S. support, the Organization for Security and
Co-operation in Europe (OSCE) launched its ``Handbook on Preventing
Domestic Servitude in Diplomatic Households,'' which is relevant for
all international organizations and reaches beyond the OSCE region.
Also in December of last year, member states of the Organization of
American States revised the organization's ``Work Plan to Combat
Trafficking in Persons in the Western Hemisphere'' for the 2015-2018
timeframe. The revised, robust plan includes awareness training for
diplomatic personnel, protections against trafficking in government
procurement of goods and services, greater oversight of recruitment and
placement agencies, and inclusion of trafficking survivors' input in
the development of victim assistance policies and programs.
Civilian security and human rights are closely interwoven, and
promoting security is often a key means of supporting human rights.
Crises increase vulnerabilities to trafficking, as people are
displaced, lose income sources and community support systems, and seek
physical and economic security for themselves and their families. The
breakdown of social and government structures leaves populations
defenseless as protections are reduced and options for recourse
disappear. In the fight against human trafficking, the State Department
looks at the challenge from a holistic foreign policy perspective. We
are increasingly mainstreaming antitrafficking elements into other
foreign assistance programs. Our antitrafficking programs rely on
broader U.S. supported reforms in rule of law, community security, and
conflict prevention.
The reality is that conflicts and ineffective states give rise to
trafficking and allow it to persist. We must address these underlying
causes to win this fight. This is a critical component of the State
Department and USAID's work. The U.S. Government works diligently to
prevent and stabilize conflicts, and, where it cannot, to help refugees
and the internally displaced. These activities complement our strategic
efforts in fighting human trafficking. Where the United States, foreign
partners, and civil society can help address state weakness, we provide
a more stable and effective platform for protecting citizens. Poor
enforcement of labor laws, discrimination, corruption, and restrictions
on freedom of association and on other human and labor rights leave
people at risk of exploitation, including trafficking. The struggle
against modern slavery is one of interconnected threats and
opportunities. I am proud of the leading role the United States has
played, with strong leadership from Congress, in elevating the global
profile of this issue, helping free individuals from modern slavery,
and galvanizing the work of others to join in to this critical effort.
The road is long in our battle against human trafficking, but working
with our global partners, the United States will not relent in our
multipronged approach to combat this scourge. We welcome Congress'
interest and partnership in overcoming this global challenge.
The Chairman. Thank you for that great testimony.
And the bulk of the State Department's activities,
programmatic and funding, actually falls under your purview,
and I know there are a number of different entities that are
dealing with this. Could you share with us how they are working
with each other, and is there anything that might be done to
enhance their ability to do so?
Dr. Sewall. Thank you for that question, Mr. Chairman.
When I came in as the Under Secretary, one of my goals was
to create greater synergy and effectiveness and focus across
the different bureaus and offices within my Under Secretariat.
And we have been working diligently over the year in which I
have had the privilege of serving the U.S. Government to
achieve just that. We have a number of priorities that we have
identified for the J Under Secretariat, but we are working
across the board to ensure closer conversation among all
entities, programming coordination at the outset, and layered
approaches to problems. So let me give you a couple of examples
of the ways in which different elements within the State
Department are, even though they do not have ``trafficking'' in
their title, working in support of the TIP Office and its
goals.
INL provides some $4 million to help train law enforcement
personnel, prosecutors, and judges to investigate and prosecute
trafficking crimes. And this training includes both direct
training on trafficking in persons, but it is also incorporated
into training on rule of law, anticorruption, law enforcement,
border security, or criminal justice. Sometimes this is
provided by DHS or international organizations such as UNODC or
IOM.
The antitrafficking training is also included in the
international law enforcement academies. They are known as
ILEA's, and they are scattered around the world. And so that is
another institutional way to spread both awareness and skills
to combat the trafficking problem.
The Bureau of Democracy, Human Rights, and Labor also
promotes internationally recognized labor standards. It targets
forced labor directly. It also engages stakeholders to address
some of the underlying conditions that can give rise to, or
exacerbate, trafficking. So in 2013, DRL supported almost $3
million of activities in Jordan, Pakistan, Sri Lanka, Haiti,
and East Asia-Pacific, and they were working with the TIP
Office in that work.
They are planning to fund a program that partners with
private companies to encourage increased supply chain
transparency, monitoring, and accountability, and they will be
focusing on working conditions in that.
And then the Bureau of Population, Refugees, and Migration
is working closely to integrate prevention and response to
human trafficking into humanitarian assistance. This has become
a new way of thinking about early intervention to quickly
register people, to quickly identify those who are at risk and
those who are potential victims and provide services early on.
And that has been worked through IOM as well as through the
Return, Reintegration, and Family Reunification Program for
victims of trafficking, which helped 327 eligible family
members join trafficking victims with T visa status in the
United States and helped five survivors voluntarily return
home.
So these are some of the ways that a broader conversation
across different bureaus and offices combine to work on
different and mutually supporting elements of the problem.
The Chairman. I know that entities like Daesh, or ISIL,
enslave people, and I realize this is a minor part of the 27
million we know are affected by this. But could you tell us: do
these types of entities help further their efforts through
human trafficking? Are they taking advantage of this same kind
of thing? I do not want to spend a lot of time on it. Because
of its currency though, I thought I would just ask.
Dr. Sewall. Sure. I think if your question, is are
terrorist organizations able to exploit ungoverned space in
conflict in order to commit crimes of trafficking, the answer
is absolutely, ``Yes.''
The Chairman. Now, are they doing that to fund their
activities?
Dr. Sewall. We do not have particularly good data on that,
Mr. Chairman. I think to the extent that we know that profit is
made, it certainly represents profit. We do not know the extent
of that profit. We do not know exactly how it is used. But
clearly there is monetary gain being made when women and
children are being advertised as for sale and their price lists
are made available through the Internet.
The Chairman. One of the things we have seen in the field
is that rule of law is one of the best ways, if not the best
way, to combat this where you hold perpetrators accountable. Do
you agree that that is one of the best ways to deal with this
issue and to curtail the activity?
Dr. Sewall. I do, Senator. The reality is that trafficking
in persons is a crime, and therefore, the most sustainable and
effective way to combat it is to encourage governments to
develop the appropriate laws and the appropriate methods of
ensuring justice in order to both prosecute and punish those
who perpetrate the crime but also deter it in the future. And
so rule of law is absolutely vital. So much of what the
Department does is, in fact, in support of a rule of law, and I
see that as very integral to the antitrafficking cause.
The Chairman. Last week, when we had a hearing, Senator
Menendez and I happened to be meeting with a public official
from a country where we knew this was an issue. And so Senator
Menendez actually brought it up in that meeting. I guess one of
my questions is--obviously there are ways of leveraging this. I
mean, just awareness. I know as we meet with people where we
know in their own countries this is happening a great deal, it
makes a difference.
How are we leveraging through our diplomatic efforts around
the world awareness and actually implementation of policies to
really cause this to be lessened?
Dr. Sewall. That is a great question, and it is really
central to the work of the State Department. I mean, the
Trafficking in Persons Report is a tool, and it has been, I
think, an enormously successful tool. I am extremely gratified
by the impact that it has had. But it is also a roadmap for the
day-to-day diplomacy that the Department conducts.
I think that it is fair to say that the Secretary's view is
that we have an obligation to be raising trafficking issues as
part of our daily discourse and that the beauty of having the
Trafficking in Persons Office within the State Department and
so focused on leveraging the tools of foreign policy and daily
diplomacy is that we can keep it on the radar screen in a way
that is much more consistent and tied to a broader American
agenda than the TIP Report on its own would be able to do.
The Chairman. And I know right now--this is my last point I
guess--this Trafficking in Persons Office really does not have
anybody who is the Ambassador at Large, if you will. I assume
that you have taken on those responsibilities and we can count
on you, in spite of not having someone there, to continue
pursuing it heavily.
Dr. Sewall. We are looking to fill that position as quickly
as we can. But I will tell you that last year during the TIP
Report final process, I was deeply engaged even with an
ambassador there, and I look forward to staying deeply engaged
in the time ahead even after we have an Ambassador at Large.
The Chairman. Thank you. Thanks for your commitment and
testimony today.
Senator Menendez.
Senator Menendez. Thank you, Mr. Chairman.
In November 2014, the Government Accountability Office
published a report on efforts to combat trafficking on U.S.
Government contracts overseas entitled ``Human Trafficking:
Oversight of Contractors' Use of Foreign Workers in High-Risk
Environments Needs to be Strengthened.''
The GAO investigators spoke to migrant workers on U.S.
contracts overseas who had paid an equivalent of up to 1 year's
wages to unsavory recruiters in order to secure their jobs.
So as we are talking about trafficking and modern day human
slavery, it is pretty mind-boggling that on U.S. Government
contracts we might have an iteration of that.
So how does State ensure that U.S. Government contracts
overseas are not used as a vehicle for trafficking workers?
Dr. Sewall. Thanks for that question, Senator.
We are leading, for example, and we have begun in the
context of the Executive order that I mentioned in my testimony
working first and foremost on our internal supply chain. So as
of the Executive order and similar provisions in law, Federal
contractors and subcontractors, as well as their employees, are
prohibited from deceiving employers about key terms and
conditions of employment. They are prohibited from charging
employees recruitment fees, and they are prohibited from
denying employees access to their identity documents, as well
as a host of other things.
Senator Menendez. What is the date of that Executive order?
Dr. Sewall. I am sorry?
Senator Menendez. What was----
Dr. Sewall. To be honest, I am not sure how to pronounce,
whether it is 13, 627 or whether it is 1, 3, 6, 2, 7, but those
are the numbers of it. It is the Federal acquisition regulation
rule that implements Executive Order 13627.
So this is something that has been implemented in order to
address precisely these kinds of problems. Federal contractors
now will need to certify that they have their compliance plans
in place, and they will be conducting in-depth mapping of their
supply chains, expanding control over recruitment schemes,
making available safe and independent grievance mechanisms. And
we will continue to be engaging on this issue, including in the
context of our ongoing work to develop a national action plan
on responsible business----
Senator Menendez. All right. Well, I am informed that the
Executive order was issued before the GAO's report.
But as in anything, we can have all the laws in the world
and all the Executive orders in the world. It is enforcement
that matters in order to send a very clear message that we
would, as a government, not tolerate in our own supply chain
having that. So I hope we are going to pay particular attention
to that.
How does the Department of State work with its partners to
strengthen source country policies, for example, places like
Bangladesh and Nepal, to prevent fraudulent recruitment
practices? Because in the previous hearing that we had, it was
a big element of these recruiters or a big part of the
challenge we have here. So do we have any specific focus on
that?
Dr. Sewall. We do. Yes, we do, and it is both an issue of
bilateral concern but it is also an issue that we support in a
more integrated way but we are not directly running that
process. So let me walk you through that.
We engage with both sending countries and with destination
countries to underscore their responsibilities under the
Palermo Protocol and to combat trafficking. And so that is a
dialogue, the content of which is contingent on which country
and what the circumstances are.
But in addition, we have been encouraging those countries
to have a dialogue between both sending and destination
countries about how the issues interact with one another. So,
for example, the Colombo Process is a nascent dialogue that has
been developed between the gulf countries and the South and
Southeast Asian nations. A subset of that is the Abu Dhabi
Dialogue in which we are just beginning to facilitate that kind
of exchange.
And this is an ongoing area. I think it is an area,
frankly, Senator, that we are going to be spending more time on
and more attention to because we are looking at some big-
focusing international events coming up that will provide a
very useful forum to raise some issues that are very important
to raise. And so it is an area in which I am looking forward to
engaging with others in the State Department to focus more on.
Senator Menendez. Okay.
Now, the Trafficking in Persons Report, we have all
recognized, is a significant tool in our efforts here. And the
chairman referred to the fact that we have no Ambassador at
Large in that role. So I assume that your answer to him is that
you are personally going to protect the integrity of the TIP
Report overall and especially with regard to particular
countries that may be subject to intense political pressure
within the building?
Dr. Sewall. Yes. I was involved in the process last year. I
am very proud of the process that transpired last year. I look
forward to participating in a process that has similar
integrity this year.
Senator Menendez. Are there particular countries whose
trends you find concerning?
Dr. Sewall. I think it best to say that we are compiling
data on the countries, and that it is very hard for us to
identify trends until we get the full amount. As you will be
aware, at the end of a reporting period, we tend to get a whole
lot more data than we necessarily got along the way. So I think
it might be premature to talk about trends. But I think in
general we have seen trends going in both directions, and that
is one of the biggest advantages of having the annual report
process is that we are able to then reflect that in the
findings.
Senator Menendez. I hope when you do the report that you
would share with the committee insights as to trends that you
see developing, whatever those trends may be. It would be very
helpful.
Dr. Sewall. Absolutely.
Senator Menendez. Finally, according to the State
Department's own Trafficking in Persons Report, the Government
of Cuba does not fully comply with the minimum standards for
the elimination of trafficking and is not making significant
efforts to do so. It continues to be a source country for
adults and children subjected to sex trafficking and conscripts
doctors and medical personnel to work overseas under conditions
that resemble forced labor. As a matter of fact, that happens
to be the number one source of income to the Castro regime is
forcing doctors to go abroad and work and then having the
payment for those doctors sent back to Cuba.
So between that--and Voyeur magazine had an article, Sex
Trafficking Capital of the World,'' several years back about
Cuba. Can you tell me whether or not trafficking has been
raised and prioritized throughout the administration's new
engagement with Havana?
Dr. Sewall. Yes, absolutely.
Senator Menendez. And how so?
Dr. Sewall. So, first of all, we have been in an ongoing
dialogue with Cuban Government officials. We have met on
multiple occasions over the past year to share information on
efforts to combat human trafficking. And we expect that that
engagement will continue and deepen over time because we do
share a commitment to addressing it.
But as you said, government complicity in trafficking is
one of the most nefarious and troubling aspects of trafficking
in persons. And so that does not mean that this will be an easy
conversation, but it will be, as all dialogues are, frank and
open. We would like to take advantage of any opening that we
have to prompt the Cuban authorities to make progress on
trafficking, but the problems, as you pointed out, are severe.
Senator Menendez. I would note, Mr. Chairman, that the
Secretary's response suggests that the government is complicit
in trafficking, and that makes it all the more--in my mind, one
thing is to have a blind eye to what is happening in your
country. The other thing is to be complicit in the trafficking.
And that is the reality of Cuba.
Thank you for your answer.
The Chairman. Thank you, sir.
Senator Gardner.
Senator Gardner. Thank you, Mr. Chairman. Thank you for the
hearing again.
Thank you, Madam Under Secretary, for being here today.
I believe the United States should set an example on
eradicating the scourge of modern day slavery and human
trafficking worldwide, that we need to set that example. We
have to be the example here at home so we can show our partners
abroad that we have done the work ourselves that we need to.
That is why I am concerned that right here in the United
States, the National Human Trafficking Resource Center hotline
received nearly four times as many calls in 2013, as recently
as 2013, as they did in 2008, with calls rising from 5,748 to
20,000, almost 21,000 calls in 2013 alone.
During the last week's panel, the witness from Humanity
United stated in his written testimony that estimates suggest
that as many as 300,000 U.S. children are at risk of being
trafficked into the commercial sex trade.
I mentioned last week as well work that we have done in
Colorado with the Colorado Organization for Victims Assistance.
They are 100 percent funded right now, I believe, through the
Office of Victims of Crime. They have done a lot of work with a
number of victims of modern day slavery and continue to work as
well as a subcontractee for the United States Committee on
Refugees and Immigrants. And I think there is an issue that
they are trying to work out right now through this committee as
an OVC grantee and whether or not they can utilize the refugee
and immigrant funding for OVC victims in the grantee office. So
perhaps we could talk a little bit about some of those issues
as well as we work through that and get your help with Justice
on this.
They have done a lot of work in terms of setting and
meeting the metrics required to help assure funding is going
toward victims of trafficking. Would you agree, though, that we
need to do more here in the United States to increase our
efforts to combat human trafficking so they would be a better
example abroad?
Dr. Sewall. Well, I will begin by expressing humility in
the sense that domestic trafficking is not my focus as a State
Department official.
Senator Gardner. I understand.
Dr. Sewall. And as with any truly egregious human rights
violation, there is almost always more that can be done.
I think one of the difficulties that we have again in
dealing with many of the problems where victims are often
hidden or there is sometimes a real sense of shame that is
associated with being a victim, where there are multiple layers
that can keep people entrapped in slavery, it is sometimes very
difficult both to understand the extent of the problem and then
to understand when we learn more, whether that means there is
an increase or whether that means that more people have become
emboldened to tell their story and seek help.
So I appreciate your concern and I am confident that
whatever we can do to help victims, of which there are many,
will be welcomed. I cannot speak to anything more specific than
that about the domestic----
Senator Gardner. I understand. No, thank you. I understand.
And are you familiar with the Tier 3 list of countries in
the reports that talk about their responses to trafficking?
Dr. Sewall. Generally speaking. I would probably have to
refresh myself, but I can flip to appropriate tab.
Senator Gardner. Sure. No problem.
You know, these are the most persistent violators of U.S.
antihuman trafficking laws and subject to U.S. sanctions under
the Trafficking Victims Protection Act, including the
withdrawal of nonhumanitarian, non-trade-related foreign
assistance.
There is a letter here from the White House dated September
18, 2014. It mentions several nations whether it is Cuba,
Russia, others in terms of Tier 3 sanctions.
Could you talk about the economic impact that these
sanctions have had on the targeted countries and how much U.S.
assistance to these states has been blocked?
Dr. Sewall. Sure, I can. Do you want me to run through----
Senator Gardner. Maybe perhaps a few highlights. I mean,
for instance, Cuba is listed here. Saudi Arabia is listed here.
Just perhaps in Tier 3.
Dr. Sewall. So the restrictions on educational and cultural
exchanges for Cuba were waved. In many cases, the full
restrictions apply, but in many cases these countries have also
been sanctioned for other reasons. So there is no additional
tangible impact, but nonetheless, they have not been waved. So
it is country by country.
Senator Gardner. If they have already been sanctioned for
other causes and we are sanctioning them again under this, are
they effective? Are they accomplishing what we are trying to
do, or are there other things that we need to be doing?
Dr. Sewall. Well, you know, to be honest, I am not sure
that it is the sanctions per se that have the impact, although
again it is very specific country by country. I think that the
real impact of the TIP Report lies with countries that
recognize that they are failing their citizens and see the
designation and the criticism as an impetus to make change. We
have many ways of engaging. The TIP Report is one tool.
Sanctions are another tool. Sanctions are going to matter to
some countries more than others, and they are going to matter
for different reasons.
I think personally that it is the way the United States has
been able to play a leading role in elevating this
international norm
and then hold countries that purport to be committed to
international norms to realize them. As the Senator was saying,
the difference between having a law and enforcing a law or the
difference between saying that you have signed the protocol and
then implementing the law--I think those in many ways are the
most tangible results that we have.
So I have been, to be perfectly honest, astonished by the
impact that many elements of the whole TVPA have had, and they
play different roles in different contexts.
Senator Gardner. Thank you, Mr. Chairman.
The Chairman. Senator Shaheen.
Senator Shaheen. Thank you, Mr. Chairman.
Under Secretary Sewall, it is nice to see you back in the
Government.
Dr. Sewall. Great to see you, Senator.
Senator Shaheen. Yes. We had an opportunity to work
together at the Kennedy School, and I saw the great work that
you did there.
It was really hearing from students at the Kennedy School
that I think first opened my eyes to the issue of trafficking
in persons. I had not really been aware and it had not
crystallized as something that was occurring in the prevalence
that it does around the world until I listened to some of those
young people talking about it.
And so what more can we do? You have talked about the
programs that the State Department is doing to address
trafficking, but what more can we do to make people aware of
the extent to which this is an issue and the need for all of us
to be aware of it and to call attention if we see anything that
we think contributes to trafficking?
Dr. Sewall. Thanks for that question.
I think for many people the access point for the emotional
and intellectual connection to trafficking really is an
individual story. And I think one of the things that has been
interesting to me, just as I move around in the subway in
Washington and I see the Blue Campaign pictures, and you can
imagine the story of this person, I think those are very
effective ways that we have found to raise general awareness.
Some of the work that the State Department has funded to
catalyze social media tools like the Slavery Footprint example
that I mentioned are also extremely useful.
I think it is very valuable, as we put a human face on the
trafficking problem, that we then tie that to other problems
that are more abstract. So we can talk about failed states and
ungoverned space, but what does it allow? This is what it
allows. Like you, when I met with Yazidis--their community was
subjected to horrible human rights abuse, including trafficking
in sexual slavery--their story ties that particular crime to a
broader conflict and tries to connect the two. So in what is
sometimes seen as a very abstract, ``over there'' foreign
policy, to be honest, I see a way for trafficking to connect
people to the importance of U.S. engagement internationally
because it is through the voice of our Government and our posts
and our ambassadors that we are able to represent American
outrage about this crime.
So I think we do it bit by bit. We do it at a lot of
different layers. There is always room to do more, but I really
do appreciate your commenting on the power of the story. I
think that is part of what has allowed this crime to become so
much of a focus because survivors tell stories and the stories
are extraordinarily compelling. And we at the State Department
will continue to try to tell and amplify their stories.
Senator Shaheen. Thank you.
As we are talking about the products that we use in the
developed world that often are available because of trafficked
persons, are we addressing that issue as we are looking at the
two major trade agreements that we are negotiating now, TTIP
and the TTP, and can you talk about how we have addressed it in
those agreements?
Dr. Sewall. I can talk in some detail, but some of these
negotiations are still ongoing.
Senator Shaheen. Right. I appreciate that.
Dr. Sewall. So obviously I cannot predict the future.
So for all of these--we talked about the way in which the
trafficking issue relies to some extent on a substructure of
rule of law. And part of the advantage that we have, as we
negotiate these trade agreements, is that they are designed to
clarify and hold to account in the formal agreement basic
international labor standards. And so to the extent that we are
trying to focus on trafficking as a particular element of
violation of that regime, getting that regime in place is
hugely powerful. And I think that is in no small part what
underlies the administration's commitment to trying to put on
paper in formal agreements both of these processes. And then
they in turn, as we negotiate them, become another forum and
another carrot, if you will, to raise the specific of
trafficking in another platform for pushing it. So I see it as
very much consistent with the broader goals of the
antitrafficking community.
Senator Shaheen. That is great. And how are we working with
our European allies to address this issue and to what extent is
it more or less prevalent in Europe than in the United States
or North America?
[The written response submitted by Dr. Sewall follows:]
We work closely with our European partners to combat trafficking in
persons, both in the region and globally. The State Department
regularly engages European governments to share best practices in
combating trafficking, as well as assist each other through trainings,
technical assistance, and law enforcement working groups. We also
collaborate with our European partners in multilateral fora, such as
the U.N., OSCE, and Council of Europe, in order to build stronger
global norms on countering human trafficking.
Unfortunately, it is exceedingly difficult to produce reliable data
on the prevalence of human trafficking. The sampling methodologies
common among researchers today are not well-suited for studying
trafficking, as the victims are largely hidden. The State Department
noted in the 2014 TIP Report that governments and civil society
organizations reported identifying over 44,000 victims of human
trafficking in 2013; however, the International Labor Organization
estimated that there are 20.9 million victims globally. The hidden
nature of many human trafficking crimes impairs researchers' ability to
estimate prevalence of human trafficking.
Dr. Sewall. I cannot speak to prevalence because it is so
hard to generalize country by country, transit versus source.
It is hard to generalize. I can get you more information on
that, and I would be happy to do so.
I think it is fair to say that this has become--in the same
way that our engagement with countries that experience enormous
problems as a source country or as a destination country, this
has become also a generic topic of collaboration with
likeminded countries that are similarly concerned. And so
Australia, the U.K. come to mind as examples where the
governments are very much seized with these issues, very
engaged diplomatically on these issues, raising them in the EU
context, working on them in the context of specific programs
that they run.
It is again part of what the American people can, I think,
be very proud of by raising this item on the international
normative agenda. Others have come to work on it in a much more
applied and commonly articulated way. And so I think these
really are multiplier effects that we are able to have working
together with partners.
Senator Shaheen. Well, thank you very much for the great
work that you and the Department are doing.
Dr. Sewall. It is a team, and many of them are behind me,
but on their behalf, you are welcome.
Senator Shaheen. Thank you all.
And thank you, Mr. Chairman and Senator Menendez, for
organizing this hearing.
The Chairman. Thank you.
Senator Cardin.
Senator Cardin. Thank you, Mr. Chairman.
The title of this hearing, I think, really speaks to our
mission, ``Ending Modern Slavery,'' the critical priority that
this must be for our country, and the importance of U.S.
leadership, because we know we are not going to make progress
internationally if the United States does not maintain a very
strong position.
So I want to drill down a little bit on what Senator
Shaheen said. I very much respect the work that you do and that
your team does. It is critically important. You have been a
voice for people around the world, and you have brought about
significant improvements around the world. And we very much
appreciate that.
But as Senator Menendez said, there are certain
opportunities that you have that you have really got to take
advantage of. Senator Menendez mentioned Cuba. There is an
opportunity there. We have their attention. And I must tell
you, as things become more normal and trade starts, you lose
that leverage.
So I appreciate your answer to Senator Shaheen, and I agree
with you that in the trade agreements we hope we will see
stronger labor protections, greater emphasis on good governance
and anticorruption efforts, and enforcement of these
provisions. But it would give me a little bit more comfort if I
knew your views on why Malaysia is a Tier 3 country and still a
candidate for TPP. What changes can we expect to see
implemented in Malaysia before the trade agreement is signed,
or is there sufficient enforcement in the trade agreement being
negotiated so that Malaysia will not be a Tier 3 country
enjoying a trade agreement with the United States. What
assurances can you give us?
Dr. Sewall. What I can do--Senator Cardin, as you will
appreciate, I am not running the trade negotiations. So what I
can do as a servant of the United States Government but one
part of a team is take your question back and answer it more
fully in consultation with my colleagues that are running the
trade negotiations. But I would be delighted to do that, sir.
[The written response submitted by Dr. Sewall follows:]
In the Trans-Pacific Partnership (TPP) talks, we are seeking
strong, enforceable commitments on fundamental labor rights. This
includes commitments on the elimination of all forms of forced or
compulsory labor and on the worst forms of child labor, including
forced child labor and the commercial sexual exploitation of children.
Officials from USTR and the Departments of State and Labor have engaged
closely with Malaysia to discuss needed reforms, including related to
forced labor. TPP provides the U.S. Government with an additional
platform to raise these issues and seek necessary reforms.
Senator Cardin. I thank you for that.
I just remind you that there are rumors going around here
that we may be asked to vote on trade promotion authority
within the next couple weeks. So there is not a lot of time to
get back to us on this. Normally, we would put in trade
promotion authority what we expect to be accomplished by the
trade agreements. And I could be pretty specific as it relates
to trafficking, and perhaps you will help me draft language to
deal with compliance with the criteria that we use in the TIP
Report that we could add to TPA. That might be helpful if the
administration is so inclined. But I would like to have
specific information on this.
Dr. Sewall. We will get that to you.
[The written response submitted by Dr. Sewall follows:]
Trade agreements like TPP provide an additional platform to urge
other governments to address concerns related to trafficking and forced
labor. The administration is committed to continuing to use this
platform in this regard.
Senator Cardin. Thank you.
I would also like to have recommendations from you as to
how we can improve the Trafficking in Persons Report. You
mentioned that as you get closer to the publication dates, you
see activities. It would also I think be helpful if we could
figure out how we could perhaps improve the reporting
requirements in an effort to make this tool an internationally
recognized tool. How can we strengthen it?
Dr. Sewall. I would be happy to talk about that.
I think the first thing that I will tell you--and again, I
am reflecting the work of the team--is that from our
perspective, we are always seeking to strengthen the report.
One of the difficulties--and I will say this just from my
past life as an academic--is that when you have a law that has
very specific requirements and you have a very careful system
for reaching conclusions, you have to write in a way that
sometimes makes it hard for the reader to do what Senator
Shaheen was talking about, which is really connect viscerally
to the problem. In other words, there is a lot of formula in
the report. And so trying to harmonize the need to be very
specific and responsive to the law and its requirements and
creating something that is more able to connect to people on a
human level I think is a constant challenge within that report.
I also think that there is a danger always in compiling
these reports that you have basically the same list of failings
for countries that are truly challenged and they may all share
the same list of challenges, but three pieces may be
particularly important in this country and three very different
issues may be the center of the problem in another country. And
I think we are struggling to try to find a way to reflect that
without not fully capturing all of the data that we have. That
is another tension in the report.
There are some issues like child marriage that we think
about the human rights reporting and we think about the
trafficking in persons reporting, and we wonder how best to
reflect those issues.
So those are ways in which we grapple with trying to make
both a more useful and user friendly report, and the team is
constantly asking itself how it can improve the product.
Senator Cardin. Do you know whether there has been a
sharing of the standards that you use in evaluating countries
under the TIP Report with our trade negotiators so that they
have more objective ways of determining progress made in good
governance in countries dealing with trafficking?
Dr. Sewall. That is a very good question. I do not know the
answer, but I will undertake to make sure that we do just that.
Senator Cardin. If you could get back to me on that, I
would appreciate it.
Dr. Sewall. Sure.
[The written response submitted by Dr. Sewall follows:]
The Department of State has consulted closely with USTR throughout
the TPP negotiations. The Department has reviewed the TIP Report with
USTR and coordinated with them on how to ensure that the TPP agreement
includes strong provisions on eliminating forced labor and discouraging
trade in goods made with forced labor.
Senator Cardin. My last question deals with transparency.
Some of my colleagues have already talked about that. We have
found that transparency works well. When we look at
multinational companies that have access to our markets, the
chain of supply and the companies that they have dealt with and
their labor practices, et cetera, the more transparency that
you can show on those issues, the less chance we will see
support for trafficking in labor. Is that an area in which you
are also talking with the trade negotiators to make sure that
we have more transparency in the countries that we are dealing
with, that we do not see our multinational companies supporting
trafficking?
Dr. Sewall. You know, we have been able to use--I am sure
you are aware of this--transparency in a number of different
contexts, you know, the extractive industries, for example, in
terms of creating greater awareness of inputs and outputs.
Transparency, as a general principle of governance, is
something that the United States has been extremely active on.
The Open Government Partnership is committed to basically
pushing the bar up, helping countries become more transparent
in all elements of governance. So I think it is fair to say
that the U.S. view in general is very much in accord with your
own, Senator, which is that more transparency is helpful.
Again, I have not had a specific conversation with the
trade negotiators about that, but I can add that to the now
fulsome roster of issues to raise with them. [Laughter.]
[The written response submitted by Dr. Sewall follows:]
Ensuring transparency in supply chains in order to discourage trade
in goods produced by forced labor is a priority for the Department.
Under TPP, we are working to include new commitments for our trading
partners to discourage trade in goods produced by forced labor. More
broadly, the Department has been actively engaged in efforts to promote
responsible business conduct, which includes transparency and respect
for human rights, in global supply chains, including through the
National Action Plan on Responsible Business Conduct announced by
President Obama last September. We regularly coordinate with USTR and
other relevant U.S. agencies on these issues.
Senator Cardin. I appreciate that very much, and I look
forward to working with you and you getting back to me. Thanks.
Dr. Sewall. Thank you.
The Chairman. Thank you, Senator.
I know Senator Menendez had a closing question and comment.
Senator Menendez. Thank you, Mr. Chairman.
I want to follow up on Senator Cardin's point because this
issue boggles my mind sometimes. And I know from your
confirmation hearing, which I was privileged to chair, you are
eminently qualified for the position you now hold. But
sometimes in an institution like the State Department, you have
to have sharper elbows. And to hear the answer about Malaysia,
as by way of one example, as we are negotiating, I mean, a
trade agreement should not have already raised these
trafficking issues to countries that are on the TIP Report
list. Because the fact of the matter is that it undermines, I
think, our moral authority to say that we are willing to do
business with you but, you know, on this question--you know,
you are on our Trafficking In Persons list, but we are willing
to do business with you. That is a tough proposition.
So I would hope that you would take a more activist role in
looking at how you take your TIP Report, which I think we all
agree is a very powerful tool, and look at other elements of
our Government to make sure that we are in harmony with what we
are trying to pursue. Otherwise, whether it be contracting,
whether it be negotiations for trade or other elements, I think
we erode the very essence of what we are trying to pursue. And
so in some respects, I do not want us to be duplicitous in the
way in which we look at this because otherwise I am not sure
that we are going to achieve a goal that I know the chairman is
very singularly focused on here and which I share his views on.
Dr. Sewall. Senator Menendez, I think it is an excellent
point. I do want to clarify that we do distribute the TIP
Report. It is very much part of the woof and warp of the State
Department. Typically--and I do not mean this to be a pedantic,
bureaucratic answer, but I do not want to leave you with the
impression that people are unaware of the report or that the
issues--for example, the case of Malaysia, people have not
discussed it in the context of trade. I was asked a question
about whether I had.
So the bureaucratic way this would work is that the
regional bureaus, which work on all elements of a given
country's issue, are very much aware of the TIP Report because
they are very deeply engaged in the adjudication process every
year. They are very aware and they are working with the trade
bureaus. So I think it is an absolutely important point.
And I take Senator Cardin's exhortation for us to go and
add an additional conversation from a functional lens, but
those conversations do happen. They just happen separately, and
I did not want to be speaking for the Department as a whole
rather than my own role.
Senator Menendez. And I understand what you are saying, but
let me maybe try to crystallize my point. That a regional
bureau raises the question or knowledge that the TIP Report
says this about this country who you are negotiating with is
one thing. That the Under Secretary for this position raises
that at a level that is more among equals is a much more
powerful set of circumstances.
Dr. Sewall. Point taken.
The Chairman. Well, listen, I want to thank you for your
efforts. I think you have been an excellent witness. I
appreciate what you are doing at the State Department.
Obviously, we want to see things move along even more quickly,
and I think we are going to be working toward an end here very
soon that will be very complementary to what you are doing. And
we thank you again for your service to our country, for being
here today, for being an outstanding witness, and we look
forward to working with you on a continual basis.
Dr. Sewall. Thank you, Mr. Chairman. It was a pleasure to
join you all.
The Chairman. Thank you.
The hearing is adjourned.
[Whereupon, at 3:11 p.m., the hearing was adjourned.]
----------
Additional Material Submitted for the Record
Responses of Sarah Sewall to Questions
Submitted by Senator Robert Menendez
Questions a-c. In November 2014, the Government Accountability
Office published a report on efforts to combat trafficking on U.S.
Government contracts overseas--``Human Trafficking: Oversight of
Contractors' Use of Foreign Workers in High-Risk Environments Needs to
Be Strengthened.'' GAO investigators spoke to migrant workers on U.S.
contracts overseas who had paid an equivalent of 1 year's wages to
unsavory recruiters in order to secure their jobs.
a. How does the Department of State ensure that U.S.
Government contracts overseas are not used as a vehicle for
trafficking workers?
Answer. The State Department takes seriously its responsibility to
ensure that its contracts overseas are not being used as a vehicle for
trafficking workers. Since 2011, the State Department has issued
Procurement Information Bulletins (PIBs) to provide guidance to its
Contracting Officers (CO) and Contracting Officer Representatives (COR)
on how to monitor contracts for compliance with antitrafficking
provisions, and it has enhanced its training as well. The State
Department and the Department of Homeland Security developed online
training for acquisition professionals across the U.S. Government; a
35-minute course is currently available on the Federal Acquisition
Institute's Web site. (Federal agencies are working to update this
training now that the FAR rule implementing Executive Order 13627,
Strengthening Protections Against Trafficking in Persons in Federal
Contracts (E.O. 13627), has been released.)
The State Department revised its Contractor Officer Representative
(COR) course to include a detailed discussion on COR responsibilities
for managing antitrafficking requirements, and updated its COR Handbook
in the Foreign Affairs Handbook to reflect these requirements. A
webinar on preventing Trafficking in Persons was developed specifically
to target posts identified by the GAO as needing additional guidance.
The State Department strengthened contract review and staff review
of procurement files at posts during periodic visits to verify that an
antitrafficking clause is included. Contracts sent to Washington from
posts for approval are reviewed by Washington staff for inclusion of
the antitrafficking clause.
The State Department was an early advocate of prohibiting the
charging of recruitment fees to employees because of the potential for
abuse. This prohibition was incorporated into E.O. 13627. Now that the
Federal Acquisition Regulation (FAR) rule has been issued implementing
E.O. 13627, the FAR rule and similar provisions in laws make clear that
federal contractors and subcontractors (and their employees) are
prohibited from deceiving employees about key terms and conditions of
employment; charging employees' recruitment fees; and denying
employees' access to identity documents. They are also prohibited from
using forced labor and from procuring commercial sex acts in the
performance of a contract or subcontract. Federal contractors
performing work outside of the United States worth over $500,000 need
to maintain compliance plans and certify to the best of their knowledge
that neither they, nor any of their subcontractors, have engaged in
trafficking or trafficking-related activities. The State Department was
instrumental in implementing the GAO report's recommendation to define
recruitment fees more clearly through the development of a new
governmentwide FAR definition. That change will be promulgated through
an impending FAR case.
Finally, the U.S. Government is using all available tools to better
assist procurement officers, federal contractors, and other interested
corporations. For example, this includes a global project the State
Department has funded to Verite, an award-winning labor rights NGO, to
research the key sectors and commodities at risk for human trafficking,
draft an extensive report summarizing its findings, and develop a set
of online, public-facing tools. These resources will enable federal
contractors and other businesses to adopt ethical sourcing guidelines
and compliance plans that align with E.O. 13627, and will be available
in 2015.
b. How is the Department of State working with transit
countries, such as in the Middle East and the gulf, to improve
conditions for workers and oversight of contractors recruiting
and employing workers in these countries?
Answer. It is the responsibility of governments to hold employers
accountable for adhering to labor laws and to prevent the trafficking
of workers. Visa sponsorship systems, including the kafala system in
effect in many countries in the Middle East, can place significant
leverage in the hands of employers and recruitment agencies and create
the potential for exploitation. Additionally, labor laws in many parts
of the region do not fully apply to migrant workers, in particular
migrant domestic workers. The Department continues to encourage
governments to pursue reforms of such systems and labor laws. Some
governments in the region have announced plans to make such reforms.
The Department also continues to encourage governments to better
enforce existing laws that prohibit employers from withholding workers'
passports and restricting workers' movements, including by denying exit
visas, as a means of preventing trafficking abuses.
In 2012, sending and receiving countries agreed--through the Abu
Dhabi Dialogue, a collaboration between gulf countries and South and
Southeast Asian nations involved in the Colombo Process--to a framework
which aims to increase intergovernmental partnerships in a number of
areas, including through guidelines on labor recruitment, enforcement
of labor standards, training or support throughout the migration
process. We also work with international organizations on funding and
technical assistance efforts to improve labor governance and respect
for internationally recognized worker rights as a key part of
preventing extreme abuses such as trafficking in persons.
c. How is the Department of State working with its partners
to strengthen source country policies, such as in Bangladesh
and Nepal, including the regulation of recruiting agencies?
Answer. In source countries, the Department advocates, as a key
priority, that governments sharply reduce and eventually eliminate
recruitment fees and criminally prosecute those suspected of fraudulent
recruitment--two practices that increase the vulnerability of migrant
workers to forced labor. The Department also advocates for governments
to take action to ensure that those intending to migrate for work are
informed of their rights and protected throughout the migration
process. The Department is currently exploring ways to empower sending
countries to have more leverage to protect their workers overseas, for
example through effective and transparent MOUs.
Programmatically, the Department provides assistance programming
toward these objectives. In Bangladesh, the TIP Office is funding the
Solidarity Center, which in partnership with local implementing
partners has integrated basic antitrafficking training into the
curriculum of the Dhaka Technical Training Center for Migrant Workers,
disseminating valuable information on the rights and obligation of
migrant workers, the telltale signs of trafficking, and mechanisms for
recourse if they find themselves in exploitative and abusive situations
overseas. Every month an estimated 1,000 migrant workers receive such
training, and so far more than 7,000 migrant workers have benefited
from the program. The Bureau of Democracy, Human Rights and Labor (DRL)
is in the process of awarding a new project in Bangladesh that will
promote core labor standards, including freedom of association and
occupational safety and health, and raise the standard of living and
promote inclusive economic growth for all Bangladeshi citizens.
Additionally, DRL funds the ILO for a project that works to protect the
rights of migrant workers through organizing, empowerment activities,
enhanced cooperation and trade union support in several countries,
including Nepal.
In Nepal, USAID is funding a 5-year project that includes creating
Safe Migration Networks and training Network members to increase their
ability to promote safe migration. The Department has coordinated with
other government and private donors to enhance use of foreign
assistance funding and reduce duplication--to more effectively work
toward ending these practices that contribute to human trafficking from
the region.
Question. Several countries that appear on the lowest tier in the
Department of State's Trafficking in Persons Report (TIP) due to severe
labor rights violations and forced labor, such as Thailand and
Malaysia, currently receive trade preferences from the United States or
are part of trade negotiations, including the Trans-Pacific Partnership
(TPP).
Is the Department of State engaging with USTR to ensure
that the concerns raised in the TIP Report for these countries
are addressed before they receive trade preferences?
Answer. The Department promotes and reports on internationally
recognized worker rights and efforts to combat human trafficking around
the world, including in Thailand and Malaysia.
In Thailand, we meet regularly with key labor, civil
society, and private sector interlocutors to discuss labor
conditions in the country, including forced labor, and are in
regular contact with USTR on these issues. The elimination of
forced labor is a core part of the eligibility criteria of our
trade preference programs, including the Generalized System of
Preferences. In October 2013, the AFL-CIO submitted a petition
seeking the suspension or limitation of Thailand's GSP trade
benefits based on alleged shortcomings on worker rights in
Thailand, including forced labor. Once Congress acts to
reauthorize the GSP program, the administration will decide
whether to accept this petition for formal review.
In Malaysia, officials from Departments of State and Labor
and USTR have engaged closely with the Malaysian Government on
needed reforms to combat trafficking, including reforms related
to forced labor. In the Trans-Pacific Partnership (TPP) talks,
we are seeking strong, enforceable commitments on fundamental
labor rights. This includes commitments on the elimination of
all forms of forced or compulsory labor and on the worst forms
of child labor, including forced child labor and the commercial
sexual exploitation of children. The Department has reviewed
the TIP Report with USTR and coordinated with them on how to
better ensure that the TPP agreement includes strong provisions
on eliminating forced labor and discouraging trade in goods
made with forced labor. Malaysia is not a GSP beneficiary.
Question. Trafficking of domestic workers into the United States by
foreign diplomats is a significant concern. NGOs report that domestic
workers in the U.S. on A-3 and G-5 visas (special visas reserved for
the domestic workers of diplomats and international organization
employees respectively) have brought more than 29 federal civil cases
alleging human trafficking by their diplomatic employers. Nearly 2
years ago, Secretary Kerry announced that the Department of State would
begin conducting screening interviews with domestic workers on special
visas to identify abuse. These interviews have not yet begun, and it is
my understanding that several of our OSCE partners have been conducting
similar interviews with domestic workers employed by diplomats
stationed in their countries for several years.
What is the delay in conducting these interviews and what
is the schedule for them to take place?
Answer. The Department's initiative to implement annual in-person
registration of domestic workers is well underway. The development of
this program involved a number of factors to include additional
resources, budgetary discussions, and the need for the system to be
conducive for the majority of non-English speaking domestic workers
employed by foreign diplomatic personnel. We will begin in-person
registration of domestic workers in the Washington, DC, area, which has
the highest number of workers employed by foreign mission personnel,
this summer. Once this program is fully operational in Washington the
project will be implemented in New York City followed by other cities
throughout the United States. This effort, will serve as an important
tool to prevent abuse, and to provide domestic workers an avenue in
which to raise to the Department matters of concern related to their
employment. Prior to the rollout of the registration system, the Office
of the Chief of Protocol will be holding a briefing for foreign deputy
chiefs of missions regarding this new requirement. The Department will
also host a briefing for domestic workers (without their employers
present) to discuss with domestic workers their rights and
responsibilities, contract requirements, visa matters, and resources
available to them in the event they suffer abuse or mistreatment. The
Department has engaged with a number of OSCE partners regarding their
interview processes. Consistent with evolving best practices, the
Department has determined it would be beneficial to institute a policy
of in-person registration for domestic workers on an annual basis to
better monitor their welfare. Many OSCE partners deal with domestic
worker numbers at a much lower scale within their capitals. The United
States is unique in that its program will need to address thousands of
workers, many outside of Washington, DC.
Question. There have been a number of high profile cases involving
Indian diplomats who have perpetrated severe forms of labor
exploitation against their domestic workers, including forced labor and
human trafficking. Specifically, we have received credible reports that
India is attempting to circumvent protections in the TVPA for A-3/G-5
domestic workers by misclassifying these workers as A-2 visa program-
eligible, and that the Department of State is allowing this
misclassification by issuing the A-2 visas.
What is the Department of State doing to mitigate these
risks? And, are the reports about India misclassifying visas
accurate?
Answer. The Department works to ensure that the individuals who
come to the United States in the personal employ of, and working in the
private residences
of, mission members as domestic workers enter the United States with an
A-3 or
G-5 visa. The legal requirements for A-3 visas, which are for domestic
workers, are different than the requirements for A-2 visas. A visa
applicant may be issued an A-2 visa only if he or she meets all
requirements for A-2 visa issuance. Broadly speaking, A-2 is a visa
category for foreign government employees performing official
activities for a foreign government. All visa applications are
adjudicated by consular officers based on their individual merits. We
are happy to provide further briefings, although we cannot discuss
specific visa cases.
Question. It is also my understanding that the Government of India
is preventing family members of individuals trafficked from India to
the U.S. from reuniting with these trafficking victims here in the U.S.
Many trafficking victims from India have received T-visas. Their
immediate family members have received T-derivative visas, allowing
them to come to the U.S. to join their family member. However, the
Indian Government has physically blocked victims' families from
traveling to the U.S. by seizing passports and turning them away from
the airport. This conduct punishes trafficking victims, who have
already suffered enormously.
What is the Department of State doing to assure that
trafficking victims' families are not prevented from traveling
from India to the U.S. to reunite with victims?
Answer. The Department notes that persons who have been trafficked
to the United States may be granted T-nonimmigrant status since they
are already in the United States and therefore do not require a visa.
The Department is very concerned about the Government of India's June
2014 policy that effectively prevents survivors of human trafficking in
the United States from reunifying with their families and from
receiving the needed support and assistance available from the U.S.
Government. The Department of State has expressed its concern over this
policy with the Government of India at various levels in Washington and
through Mission India, and U.S officials continue to press the Indians
to repeal this policy.
Question. The 2014 TIP Report noted that, ``the terrorist
organization, Boko Haram, had abducted women and girls in the northern
region of Nigeria, some of whom it later subjected to domestic
servitude, forced labor, and sex slavery through forced marriages to
its militants.'' We cannot address the issue of trafficking by Boko
Haram without tackling the larger gaps that allowed violent extremism
to take root in northern Nigeria.
Please address current policies and programs that the
Department of State is implementing to counter violent
extremism in Nigeria, understanding the myriad problems, such
as trafficking, that arise in its wake.
Answer. As President Obama outlined in his remarks on February 19
during the White House Summit on Countering Violent Extremism, the
United States will continue to pursue a comprehensive,
multidisciplinary approach to countering violent extremism, in Nigeria
and elsewhere. Our approach includes several types of policies and
programs.
First, we are continuing to work with the governments of Nigeria
and neighboring countries to help them build up their security forces
so that they can push back against Boko Haram and prevent the emergence
of ungoverned spaces where terrorists find safe haven. We are also
helping them meet civilian security and humanitarian needs. These
efforts include support for the creation of the National Information
Center, which is designed to improve communications between the
Government of Nigeria and Nigerian citizens, as well as government
transparency. In addition, we are helping to amplify voices of
tolerance and peace while confronting the warped ideologies espoused by
terrorist groups like Boko Haram, especially their attempt to use Islam
to justify their violence.
Cameroon, Chad, Niger, and Nigeria were all among the countries at
the recent Countering Violent Extremism Summit. On the margins of the
summit, the heads of their delegations held a productive and frank
discussion with Deputy Secretary Blinken to share concerns and request
assistance in their efforts to confront the violent extremism of Boko
Haram. The Department is actively considering their requests and
continues to emphasize the need for security forces to respect human
rights, as well as the need for a civilian protection-focused approach
while countering violent extremism (and Boko Haram specifically).
The United States is spending more than $15 million on a range of
programs to help local communities in Nigeria, Niger, Chad, and
Cameroon counter violent extremism. These programs include funding for
the Hausa-language Arewa 24 satellite platform in Northern Nigeria,
centered around a 24 hour satellite channel, and resources for smaller
programs that are designed to provide positive alternatives, marketable
skills and civic engagement opportunities to vulnerable youth. In
addition, some of those programs are designed to support local media
platforms in providing accurate and timely information and messages
that promote reconciliation and nonviolence in northern Nigeria, as
well as the monitoring and documenting of human rights abuses, and an
early warning system.
Second, we are working to address the grievances that violent
extremists exploit, including economic grievances. Boko Haram itself
has often cited governmental corruption and inequity of economic
development in northern Nigeria in an attempt to justify the violence
it perpetrates. And corruption has proven to be a particularly potent
recruiting tool for Boko Haram. As underscored by President Obama's
National Security Strategy, the U.S. Government is committed to
strengthening partnerships that ``promote the recognition that
pervasive corruption is a severe impediment to development and global
security.'' This is why we continue to work with the Nigerian
Government and civil society organizations to institutionalize greater
transparency and accountability.
For example, the State Department continues to support a $2.5
million grass roots-driven anticorruption program in Nigeria. The
project, entitled Accountable Governance for Justice and Security, is
supporting our efforts to counter corruption and transnational
organized crime in West Africa. The overall project goal is to build
more transparent and accountable governance institutions in both
countries' justice and security sectors by enhancing institutional
transparency. Specifically, it is building the capacity of civil
society and media to more effectively mobilize and equip citizens to
engage key government entities (police, judiciaries, etc.) in efforts
to prevent impunity for those who commit acts of corruption and
transnational crime. Preventing that kind of impunity for corruption is
important to advancing the rule of law, preventing economic exclusion
of marginalized groups, and, as a result, countering the appeal of
extremist messaging. The project is building a more effective civil
society network in West Africa for best practices sharing and peer
learning on corruption issues such as stolen asset recovery and the use
of new crowd-sourcing technologies to fight corruption from the
grassroots level.
Third, the United States continues to address the political
grievances that proponents of violent extremism exploit in Nigeria and
surrounding countries. As President Obama underscored at the recent
summit, ``when people are oppressed and human rights are denied--
particularly along sectarian or ethnic lines--when dissent is silenced,
it feeds violent extremism.'' It creates an environment that is ripe
for terrorists such as Boko Haram to exploit. To address long-standing
grievances, we support programs in Nigeria that promote the rule of
law, fair elections and respect for human rights, including freedoms of
religion, association, and speech. This support reflects our belief
that lasting stability and real security require vibrant, inclusive,
and participatory democracy.
While information gathering remains a serious challenge in these
insecure environments, the Department continues to monitor the effects
of Boko Haram's presence, including trafficking in persons crimes and
the recruitment and use of child soldiers in these communities.
Question. In 2013, the Conflict Stabilization Bureau--which is now
under your leadership--began a scoping exercise for stabilization
programming in Nigeria. We understand that their initial assessment
missions and analysis led them to propose an impressive suite of
program ideas to dampen the appeal of violent extremism in the North,
but due to security restrictions, were not allowed to proceed with the
programs. Consequently, the CSO Bureau developed an important and
creative conflict prevention program in the Middle Belt to address the
ongoing pastoral/herder conflict. If the USG seeks to make an impact in
the world's most difficult places, we need to seek opportunities to
have a presence there when feasible.
Can you please comment on how the Department of State is
working to balance our efforts to prevent the spread of violent
extremism in light of current security restrictions we place on
our frontline State Department and USAID staff?
Answer. The initiative I recently launched to prevent violent
extremism is meant to address sociopolitical drivers of violent
extremism before they metastasize into full-fledged support. As part of
this initiative the Department will work to identify factors that lead
communities to violent extremism, identify communities that are
currently vulnerable to its spread, and suggest ways to take diplomatic
and programmatic action before it is too late. By definition these are
communities that are not yet under the sway of violent extremist
organizations and therefore not yet off limits to the Department's
diplomats and staff. We would be happy to brief you and your staff on
this work.
Where the Department's access to communities and regions has been
restricted due to security concerns, we can still try to prevent
further entrenchment of extremism, or its spread, by operating through
implementing partners who can work more flexibly than U.S. Government
personnel in nonpermissive environments. We also work through
international organizations, contracted third-country nationals, and
third-party governments to close gaps in prevention, mitigation, or
stabilization efforts that emerge due to security restrictions. Such
methods work best however, when we diversify our diplomatic and
programmatic partnerships with a broader range of local stakeholders
when we do still have access. Developing these relations and contacts
takes time. We as a government should be careful not to make tradeoffs
or begin retrenching by limiting programs and travel or by losing our
contact with local actors too early. Doing so may hasten the very
outcome we are hoping to avoid. We need to start understanding and
managing risks earlier, and then use this information to stay deeply
engaged longer.
Question. We want to commend the work of the DRL Bureau for its
forward-looking and strategic surge of assistance to prevent election-
related violence in Nigeria. They did not wait until it was too late to
begin program work. As we've learned from previous election-related
assistance efforts, upstream prevention is critical.
Can you please comment on the Department of State's
election and post-election programming efforts in Nigeria in an
effort to consolidate peace in the critical post-election
period, and to lay a foundation for a transitional period?
Answer. The United States, in a whole of government effort, has
engaged at the highest levels with Nigerian candidates, political party
leadership, civil society, business leaders, and other prominent
individuals to promote peaceful and credible elections in March 2015.
Through frequent outreach to key stakeholders in Nigeria, including
government officials and civil society members, the State Department
has built and/or maintained relationships that will endure beyond the
elections in March and April. The State Department will continue to
engage at all levels to advance peaceful democratic goals in Nigeria
after the elections. Secretary of State Kerry visited Abuja January 25
and met with both President Jonathan and retired General Buhari,
reinforcing the importance of pledging publicly to refrain from
violence. Assistant Secretary of State for African Affairs Linda
Thomas-Greenfield has traveled frequently to Nigeria and led the U.S.
delegation to the Bi-National Commission Working Group on elections in
February 2014. She will lead our diplomatic elections observation in
Abuja.
Over 200 mission staff members will conduct election observation
missions during the general elections currently scheduled for March 28
and April 11. The mission is closely coordinating its observation
efforts with embassies from like-minded countries and civil society.
The Department is funding U.S. elections observers through the
International Republican Institute (IRI) and the National Democratic
Institute (NDI) and supported a joint NDI-IRI preelection assessment
mission from January 15-20, 2015. Our statement after that assessment
outlined several recommendations on communications, election
administration, and violence mitigation and steps that various
stakeholders could undertake to address those recommendations.
We also are funding a program to strengthen the capacity of target
communities and leaders to prevent and respond to religious,
ethnosectarian, and political conflict before, during, and after the
2015 elections. Additionally, we have a rapid response mechanism in
place that would enable it to do so, should the situation on the ground
necessitate a programmatic response.
The U.S. Government has engaged the Nigerian Government, the
Independent National Electoral Commission (INEC), and civil society to
emphasize the need for a clear and well-coordinated elections security
plan, and to offer assistance. An elections security consultant has
been deployed to directly support INEC security operations.
Mindful that inaccurate and sensationalist reporting may contribute
to post-electoral violence, as in 2011 when an estimated 800 Nigerians
were killed over the course of 3 days, the U.S. Government funds
programs to help professionalize the media and strengthen the reporting
skills of journalists. Additionally, U.S. Government entities have
partnered on a conflict prevention and mitigation initiative to reduce
the risk of destabilizing election-related violence in the Niger Delta.
We have been providing assistance to Nigeria to strengthen its
electoral systems since 1999, and have been consistently working toward
this objective since the last Nigerian General Elections in 2011. U.S.
Government assistance has been provided in three basic areas: (1)
strengthening of the Independent National Electoral Commission (INEC)
to organize and carry out elections; (2) training of civil society
organizations (CSOs) to conduct domestic election observation, engage
with INEC to ensure proper voter education and information, and that
electoral processes are fair and adequate; and (3) supporting major
political parties to enhance their inclusiveness and to develop strong
issues-based platforms.
Questions a-b. NGOs and aid workers have decried the lack of
humanitarian assistance to those who have been displaced and forced to
flee as refugees due to the Boko Haram crisis. There are reports of
Boko Haram recruitment in chronically vulnerable areas of northern
Nigeria, as well as further south.
a. What is the humanitarian outlook for victims of the Boko
Haram crisis?
Answer. Attacks by Boko Haram have increased in intensity and
brutality over the past months, with significant civilian impacts. Last
year, State Department analysts estimate Boko Haram killed more than
5,000 people--doubling in 1 year the death toll attributable to Boko
Haram since 2009. In addition, Boko Haram-engendered fighting has
generated an estimated 1 million internally displaced persons (IDPs)
within Nigeria's borders, and forced more than 200,000 Nigerian
refugees and other nationals to flee to neighboring Niger, Cameroon,
and Chad. In fleeing the violence, some have faced a chain of
displacement, running to one town only to leave once more as Boko
Haram's reach has grown. These attacks strike at the core of every day
life--markets, places of worship, and schools--and cast a shadow of
fear over communities. As attacks spill over Nigeria's borders, the
stability and security of Cameroon, Chad, and Niger are increasingly
under threat.
According to the International Organization for Migration (IOM),
more than 90 percent of IDPs live in rural and urban host communities
while the remaining 10 percent are in camps or camp-like sites.
Displaced populations--both IDPs in Nigeria and refugees in neighboring
countries--have primarily relied on the generosity of local communities
to sustain them, stressing the household resources of those who
themselves may be impoverished and facing food insecurity. The
Government of Nigeria's National Emergency Management Agency and the
State Emergency Management Agencies are providing aid to those living
in IDP camps in Nigeria. The U.N. and other aid agencies are working in
dangerous and difficult environments in Nigeria and in border areas of
Cameroon, Chad, and Niger to provide life-saving emergency shelter,
health, water and sanitation, and protection to IDPs, refugees, and
other populations of concern affected by the conflict.
b. What are the impediments to the U.S.--in coordination
with international NGOs and agencies--in undertaking a more
robust response?
Answer. The United States is deeply concerned by the growing number
of IDPs and refugees fleeing Boko Haram's horrors, and we have been
working since the start of the emergency with our international
partners to respond to their needs. However, the humanitarian response
faces tremendous challenges and, to date, escalating humanitarian needs
in the region have not been met with a commensurate increase in
support.
The primary challenge in meeting humanitarian needs is the
widespread insecurity due to the presence of Boko Haram, which has now
launched attacks beyond Nigeria into neighboring Cameroon, Chad, and
Niger, including in areas hosting refugees. This insecurity limits the
ability of relief agencies to work safely in conflict-affected areas.
In addition, the number of competing large-scale crises across the
globe have placed an unprecedented level of demand on international aid
agencies and resulted in funding and staffing shortages. Local capacity
is also very limited. Although the Government of Nigeria's National
Emergency Management Agency and the State Emergency Management Agencies
are assisting with IDPs and conflict-affected people in Nigeria, they
are only reaching those living in IDP camps, an estimated 10 percent of
the nearly 1 million IDPs that have fled Boko Haram.
In FY 2014 and FY 2015, the United States is providing nearly $25
million in humanitarian assistance in support of aid groups who are
providing essential protection and emergency assistance to refugees,
IDPs, and other populations of concern affected by Boko Haram in
Cameroon, Chad, Niger, and Nigeria. We are continually assessing the
situation and are committed to providing a robust response to emerging
needs. In addition, the United States is engaging with the Government
of Nigeria regarding ways to increase and improve its operational
capacity to assist IDPs within the country.
Question. Turning to the Sahel region, the 2015 Omnibus
appropriation included $3 million for social, educational, and
vocational programs to assist former slaves in Mauritania, Mali, and
Senegal to reintegrate into society. Can you elaborate on plans for
these appropriated funds?
Answer. We plan to continue our whole-of-government approach to the
range of actions required: assisting freed slaves to gain livelihood
skills; pressing for identification of slaves, their liberation, and
prosecution of slaveowners; and supporting the action plan adopted by
the government to eradicate the practice.
We will direct this funding towards support for the reintegration
and advancement of ex-slaves through an expansion of our existing
vocational education programs. Lack of marketable skills or viable
livelihood alternatives prevents many
ex-slaves from leaving the service of their former masters. We would
expand the scope of our existing judicial programs beyond the current
counterterrorism focus to include support for judicial reform and
education to assist slaves to obtain their freedom, to hold slaveowners
accountable, and to procure civil status documentation for former
slaves, which is required to access their full rights as citizens,
including voting rights.
Question. Turning to the Sahel region, the 2015 Omnibus
appropriation included $3 million for social, educational, and
vocational programs to assist former slaves in Mauritania, Mali, and
Senegal to reintegrate into society. How does the U.S. Government
engage with and support abolitionist groups in the Sahel--particularly
in Mauritania, Mali, Senegal, and Niger?
Answer. The United States view is well known in Mauritania: all
sectors of society--to include government, civil society, and religious
leaders--must work together to end the practice of slavery, as well as
related social ills that developed over several centuries. Some recent
examples of our efforts to implement this goal include:
--In December 2014, the Ambassador hosted a 5-hour meeting of ruling
party members and representatives of three antislavery NGOs (El
Hor, SOS-Esclaves, and IRA) to seek improved cooperation in
eradicating slavery.
--We focus our limited humanitarian assistance and even more limited
development assistance funding on freed-slave communities and other
marginalized groups.
--We also routinely discuss with American investors how their firms can
be helpful in suppressing slavery and improving the lives of former
slaves.
In Niger, as part of ongoing dialogue with government and civil
society and in research for annual reports on human rights and TIP, our
Embassy in Niamey speaks with entities active against TIP and
traditional slavery, including Association Timidria, a well-known
Nigerien NGO, and invites members to events.
In Senegal, the United States supports abolitionist groups through
our antitrafficking programming, including the $750,000 Plan
International project, ``Addressing Children's Basic Rights in
Senegal.'' This project conducts training for legal system personnel on
the identification of trafficking victims and the application of
antitrafficking legislation, developing a standard national referral
system for trafficking victims, and working with communities to raise
awareness of trafficking and develop community-based mechanisms in
response.
Question. What is the U.S. Government doing to raise concerns about
recent crackdowns in Mauritania against abolitionist activists, Biram
Dah Abeid, Brahim Ramdhane (President and Vice President of the
Initiative for the Resurgence of the Abolitionist Movement in
Mauritania), and Djibi Sow (President of Kawal e Yelitaare), who were
sentenced to 2 years in prison on January 15, 2015, for disturbing
public order and being members of an unregistered organization?
Answer. We repeatedly urge the appellate court to review the
convictions and sentencing without delay, and to handle these important
cases in a fair, impartial, and transparent manner. We communicated
this message in press statements and other media engagements. We have
spoken directly to all of Mauritania's senior government leadership,
including the President, Prime Minister, Foreign Minister, Justice
Minister and Members of Parliament, about our intense interest in these
three cases. We have spoken to a wide range of political, religious and
business leaders about these cases and the pending appeal.
Question. In 2014, Mauritania approved a ``Roadmap to Combat the
Consequences of Slavery,'' and created a special tribunal to prosecute
cases of slavery. However, since its creation, the tribunal has not
prosecuted a single case of slavery, and local reports suggest that it
is underresourced. What is the U.S. Government doing, if anything, to
assist Mauritania with the implementation of the ``Roadmap'' and the
successful operation of the tribunal?
Answer. We work closely with the Mauritanian Government and civil
society to implement the ``Roadmap,'' including establishment of the
special tribunal. We urged government and civil society to work
together on implementing the ``Roadmap'' through our frequent high
level engagements with senior host government and civil society leaders
and through our public appeals in the Mauritanian media. We brought
together government and civil society leaders to review and improve on
their cooperation to implement the ``Roadmap.''
One aspect of the ``Roadmap'' involves improving social and
economic conditions of former slaves and their descendants. The USG is
supporting civil society's to engage on these issues. The Minister of
Justice and the Solicitor General have committed to appointing judges
to the new special tribunal who come from the community of slave
descendants so that they will be especially attuned to handle these
cases appropriately.
______
Responses of Sarah Sewall to Questions
Submitted by Senator Marco Rubio
Question. On February 10, I sent a letter to President Obama
requesting that he appoint a qualified individual to the position of
Ambassador At Large to Monitor and Combat Trafficking in Persons, which
has been vacant since November of last year. This post oversees the
State Department's Trafficking in Person's Office as well as the
composition of the annual Trafficking in Persons Report.
When do you believe this post will be filled?
What impact does the vacancy of this position have on the
U.S.'s efforts to combat trafficking?
What steps have you taken to make sure that the TIP office
will have the political clout to prevail in internal
discussions at the State Department on tier rankings and other
TIP report content?
Answer. The Department is working closely with the White House on
this as we all hope to see a new Ambassador at Large nominated and
confirmed to lead the Office to Monitor and Combat Trafficking in
Persons as soon as possible. In the interim, the President, Secretary
Kerry, and the entire Obama administration are committed to combat
human trafficking.
The State Department has dedicated staff working on human
trafficking issues in Washington, DC, and at each U.S. Embassy around
the world. These dedicated staff will continue to advance the United
States unwavering commitment to combat this crime through diplomacy and
programming. We will also produce a Trafficking in Persons Report that
accurately reflects government efforts to address the crime of
trafficking in person.
For nearly 15 years, the TIP Report has galvanized international
efforts to prosecute traffickers, protect victims, and prevent the
crime from occurring in the first place.
Question. One of the only enforcement mechanisms the U.S.
Government has against countries who perform poorly in combating human
trafficking is to restrict nonhumanitarian and nontrade related foreign
aid from countries who receive a Tier 3 ranking in the annual
Trafficking in Persons Report.
How effective have these sanctions or threat of sanctions
been at encouraging states to increase their antitrafficking
efforts?
What other tools can the U.S. Government use to encourage
states to attempt to meet the standards set forth by the TVPA?
Answer. The TIP Report shines a spotlight on the deficiencies in a
country's antitrafficking efforts. The publicity around this report,
accompanied by Tier 3 designations for countries not making significant
efforts to fully comply with minimum standards for eliminating
trafficking, is one of the most powerful tools we have to encourage
improved efforts. Generally, the rankings themselves help hold
governments accountable and motivate them to develop policies and
structures to fight this crime. There is a correlation between tier
ranking downgrades and states' subsequent enactment of anti-trafficking
legislation.
Other available and powerful tools include ongoing diplomatic
engagement, foreign assistance programming, and multilateral diplomacy.
U.S. officials engage foreign government officials regularly to
encourage progress on recommendations in the TIP Report. U.S.
assistance programs help build capacity for government and
nongovernment entities to combat human trafficking in their own
countries. Public diplomacy initiatives help raise awareness. The
United States continues to work with our partners around the world to
prosecute and convict more traffickers, identify and protect more
victims, and better prevent this crime.
Question. Trafficking of domestic workers by diplomats is a major
issue around the world, including in the United States. There have been
a number of high profile cases of diplomats perpetrating severe forms
of labor exploitation against their domestic workers, including forced
labor/human trafficking.
What is the State Department doing to mitigate these risks?
Answer. The fair treatment of domestic workers employed by foreign
mission personnel in the United States is a matter of great importance,
and the Department of State is committed to protecting the welfare of
these domestic workers, both to prevent abuse of these workers and to
address allegations of mistreatment when they arise. The Department's
commitment is reflected in a series of measures implemented over the
past few years to provide increased safeguards for domestic workers.
The Department periodically sends out circular notes to the
diplomatic community reminding chiefs of mission of the requirements
for employing domestic workers, including that foreign missions must
``pre-notify'' the Department of any prospective domestic worker before
the worker can be issued a visa. Our process ensures that mission
leadership is aware of all domestic workers in the employ of mission
personnel.
Wage payments to domestic workers must take the form of noncash
payments directly to the worker--either by check or electronic transfer
into a bank account in the domestic worker's name--starting after 90
days of the commencement of their employment. Prior to the domestic
worker being granted a visa, foreign mission personnel employing the
domestic worker enter into a written contract that covers duties, hours
of work, minimum wage (which must be the greater of the minimum wage
under U.S. federal and state law or the prevailing wage), overtime, and
transportation (to and from the United States at commencement and
termination of employment must be paid by the employer). The contract
must be written in both English and if the domestic worker does not
understand English, a language understood by the domestic worker. The
contract must also specify that travel documents, such as a passport,
must remain in the sole possession of the domestic worker. Employment
and payment records must be retained for 3 years after the termination
of employment. In addition, the Department prohibits deductions from
wages for food and lodging.
U.S. consular officers abroad are required to interview domestic
workers applying for visas and are trained to look for indicators of
human trafficking. Consular officers also are required to confirm that
all domestic worker visa applicants have received, read, and understand
the ``Know Your Rights'' pamphlet, which provides information on the
domestic workers' rights pertaining to their employment, signs of human
trafficking, an overview of the nonimmigrant visa process, and the
telephone number for the National Human Trafficking Resource Center
hotline, which supports multilanguage needs.
Working with interagency partners, the Department of State led the
creation of a Wilberforce video summarizing the information in the
``Know Your Rights'' pamphlet and translated it into 12 languages. The
video was released in April 2014 and is played in consular waiting
rooms around the world.
The Department of State takes seriously any allegation of domestic
worker abuse, and has established a Trafficking in Persons Unit within
the Bureau of Diplomatic Security's Criminal Investigations Division.
This unit works closely with the Department of Justice's Human
Trafficking Prosecutions Unit as well as with other federal law
enforcement agencies involved in human trafficking investigations.
We would be glad to provide a briefing on other steps we take to
prevent abuse of domestic workers.
Question. We have received credible reports that India is
attempting to get around the protections in the TVPA for A-3/G-5
domestic workers by misclassifying these workers as A-2 visa program
eligible, and that the Department of State is issuing these A-2 visas
allowing this misclassification.
Is this true? Please provide this committee with a list of
visas granted under the A-2 program for India.
If it's not true, what are you doing to ensure that this
does NOT happen?
Answer. The Department works to ensure that the individuals who
come to the United States in the personal employ of, and working in the
private residences
of, mission members as domestic workers enter the United States with an
A-3 or
G-5 visa. The legal requirements for A-3 visas, which are for domestic
workers, are different than the requirements for A-2 visas. A visa
applicant may be issued an A-2 visa only if he or she meets all
requirements for A-2 visa issuance. Broadly speaking, A-2 is a visa
category for foreign government employees performing official
activities for a foreign government. All visa applications are
adjudicated by consular officers based on their individual merits. We
are happy to provide further briefings, although we cannot discuss
specific visa cases.
Question. In 2008, Congress passed the William Wilberforce
Trafficking Victims Protection Reauthorization Act, Public Law 110-457.
That law included a provision, ``Section 203(a)(2), requiring the
Secretary of State to suspend the issuance of
A-3 or G-5 visas to applicants ``seeking to work for officials of a
diplomatic mission or an international organization, if the Secretary
determines that there is credible evidence that one or more employees''
have abused or exploited one or more nonimmigrants holding an A-3 or G-
5 visa, where the diplomatic mission or international organization has
tolerated such actions.'' Despite numerous cases of trafficking by
diplomats, the State Department has yet to use this tool.
Is the State Department considering suspending India or any
other countries from the A-3/G-5 visa program who have
displayed the clear pattern of exploitation of domestic
workers? If not, why not?
Answer. Although there has not yet been a case of formal visa
suspension under the William Wilberforce Act, the Department believes
that the law has proven to have a significant deterrent value. For
example, the law has been a factor in persuading foreign governments
that they and their diplomats need to settle civil cases brought by
former domestic workers. It also appears to have increased the general
willingness of foreign missions to cooperate with U.S. investigations
into alleged abuse and to take steps to ensure compliance with U.S.
requirements relating to the employment of domestic workers. The
Department will continue to review every allegation of domestic worker
abuse that is brought to its attention and will take appropriate action
in light of this review.
The Department encourages law enforcement authorities to
investigate allegations of abuse of domestic workers to the fullest
extent possible.
Question. As part of the Federal Strategic Action Plan on Services
for Victims of Human Trafficking in the United States for 2013-2017,
the State Department is supposed to develop procedures for in-person
registration of domestic workers employed by diplomatic personnel in
Washington DC. It is now 2015 and those interviews have not begun.
What is the status of these procedures? When will the
interview program be launched? Why was the original program
shrunk from a national interview program to a ``pilot'' in
Washington, DC, only? When will interviews be conducted on a
national basis?
Answer. While the Department's initiative to implement annual in-
person registration of domestic workers is well underway, the
development involved additional resources, budgetary discussions, and
the need for the system to be conducive for the majority of non-English
speaking domestic workers employed by foreign diplomatic personnel. We
will begin in-person registration of domestic workers in the
Washington, DC, area, which has the highest number of workers employed
by foreign mission personnel, this summer. Once this program is fully
operational in Washington, the project will be implemented in New York
City followed by other cities throughout the United States. This effort
will serve as an important tool to prevent abuse and will provide
domestic workers an avenue in which they may raise to the Department
matters of concern related to their employment. Prior to the rollout of
the registration system, the Office of the Chief of Protocol will be
holding a briefing for foreign mission deputy chiefs of mission
regarding this new requirement, as well as a separate briefing for
domestic workers (without their employers present) to discuss domestic
workers rights and responsibilities, and available resources in the
event of abuse or mistreatment.
Question. The State Department has also failed to follow up with
annual briefings for domestic workers and their diplomatic employers in
New York and Washington, DC.
When will these briefing sessions be convened? Why have
these meetings not been held on an annual basis?
Answer. The Department is committed to combating trafficking in
persons and continues to conduct briefings for representatives of the
diplomatic corps to inform them of current requirements regarding the
employment of domestic workers and to underscore that it is essential
that we continue our joint efforts to ensure all domestic workers
understand their rights and protections and that those employing them
understand their contract obligations and their responsibilities. The
last such briefing for diplomatic corps representatives was held in
early summer 2014 and the next briefing is being scheduled for early
summer 2015.
A briefing for domestic workers will be held in summer 2015. At
that time, the workers will be advised of the new annual in-person
registration requirement.
[all]