[Congressional Record Volume 151, Number 22 (Wednesday, March 2, 2005)]
[House]
[Pages H854-H859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HUMANITARIAN ASSISTANCE CODE OF CONDUCT ACT OF 2005
Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 912) to ensure the protection of beneficiaries of
United States humanitarian assistance.
The Clerk read as follows:
H.R. 912
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Humanitarian Assistance Code
of Conduct Act of 2005''.
SEC. 2. CODE OF CONDUCT FOR THE PROTECTION OF BENEFICIARIES
OF HUMANITARIAN ASSISTANCE.
(a) Prohibition.--None of the funds made available for
foreign operations, export financing, and related programs
under the headings ``Migration and Refugee Assistance'',
``United States Emergency Refugee and Migration Assistance
Fund'', ``International Disaster and Famine Assistance'', or
``Transition Initiatives'' may be obligated to an
organization that fails to adopt a code of conduct that
provides for the protection of beneficiaries of assistance
under any such heading from sexual exploitation and abuse in
humanitarian relief operations.
(b) Six Core Principles.--The code of conduct referred to
in subsection (a) shall, to the maximum extent practicable,
be consistent with the following six core principles of the
United Nations Inter-Agency Standing Committee Task Force on
Protection From Sexual Exploitation and Abuse in Humanitarian
Crises:
(1) ``Sexual exploitation and abuse by humanitarian workers
constitute acts of gross misconduct and are therefore grounds
for termination of employment.''.
(2) ``Sexual activity with children (persons under the age
of 18) is prohibited regardless of the age of majority or age
of consent locally. Mistaken belief regarding the age of a
child is not a defense.''.
(3) ``Exchange of money, employment, goods, or services for
sex, including sexual favors or other forms of humiliating,
degrading or exploitative behavior, is prohibited. This
includes exchange of assistance that is due to
beneficiaries.''.
(4) ``Sexual relationships between humanitarian workers and
beneficiaries are strongly discouraged since they are based
on inherently unequal power dynamics. Such relationships
undermine the credibility and integrity of humanitarian aid
work.''.
(5) ``Where a humanitarian worker develops concerns or
suspicions regarding sexual abuse or exploitation by a fellow
worker, whether in the same agency or not, he or she must
report such concerns via established agency reporting
mechanisms.''.
(6) ``Humanitarian agencies are obliged to create and
maintain an environment which prevents sexual exploitation
and abuse and promotes the implementation of their code of
conduct. Managers at all levels have particular
responsibilities to support and develop systems which
maintain this environment.''.
SEC. 3. REPORT.
Not later than 180 days after the date of the enactment of
this Act, and not later than one year after the date of the
enactment of this Act, the President shall transmit to the
Committee on Appropriations and the Committee on
International Relations of the House of Representatives and
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate a detailed report on the
implementation of this Act.
SEC. 4. EFFECTIVE DATE; APPLICABILITY.
This Act--
(1) takes effect 60 days after the date of the enactment of
this Act; and
(2) applies to funds obligated after the effective date
referred to in paragraph (1)--
(A) for fiscal year 2005; and
(B) any subsequent fiscal year.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
General Leave
Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and
extend their remarks and include extraneous material on H.R. 912.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, in the wake of the devastating Indian Ocean tsunami and
the genocide in Darfur, we have witnessed untold suffering. And yet,
Mr. Speaker, we have learned from other crises situations that people
in some crises become victims of additional and incomprehensible
violations, sexual exploitation and abuse. The most vulnerable groups,
women and children, are at greatest risk.
The passage of the Humanitarian Assistance Code of Conduct Act of
2005 ensures that steps will be taken to protect the most vulnerable
people from sexual exploitation and abuse by those providing aid and
humanitarian relief operations.
H.R. 912 requires that the United States Government assistance for
humanitarian relief operations will be available only to organizations
that have adopted a code of conduct incorporating the core principles
of the United Nations Inter-Agency Standing Committee Task Force on
Protection From Sexual Exploitation and Abuse in Humanitarian Crises.
These principles include, but are not limited to, the following:
``Sexual exploitation and abuse by humanitarian workers constitute
acts of gross misconduct and are therefore grounds for termination of
employment.''
``Sexual activity with children (persons under the age of 18) is
prohibited regardless of the age of majority or age of consent locally.
Mistaken belief regarding the age of a child is not a defense.''
``Exchange of money, employment, goods, or services for sex,
including sexual favors or other forms of humiliating, degrading or
exploitative behavior, is prohibited. This includes exchange of
assistance that is due to beneficiaries.''
Mr. Speaker, passage of the Humanitarian Assistance Code of Conduct
Act of 2005 will help ensure the protection of beneficiaries of United
States humanitarian assistance. I urge my colleagues to support it.
Mr. Speaker, I would also include a CBO estimate for H.R. 912, which
indicates that this legislation has no significant budgetary effect.
Mr. Speaker, in addition to the important provisions of H.R. 912, I
would like to inform my colleagues of additional measures contained in
a bill I introduced, the Trafficking Victims Protection Reauthorization
Act of 2005, H.R. 972, which we will be marking up next week,
cosponsored by my good friend and colleague, the gentleman from
California (Mr. Lantos), the gentleman from Missouri (Mr. Blunt), and a
number of other Members of this committee and of this House. That
comprehensive legislation is designed to help ensure the protection of
vulnerable women and children in post-natural disaster situations.
H.R. 972, among several other things, incorporates stronger child
protection and trafficking prevention activities into USAID, State and
DOD post-conflict and post-natural disaster relief programs. The
measure provides for the Secretary of State and the administrator of
USAID to conduct a study regarding the threat and practice of
trafficking in persons generated by post-conflict and humanitarian
emergencies in foreign countries, and to look at and implement best
practices to combat human trafficking in such areas.
It also requires, and I think this is very important, that the
Secretary of State certify that prior to approval of a peacekeeping
mission or a renewal of the mandate, the Secretary of State would have
to guarantee or certify, 15 days before that, that appropriate
safeguards are in place to protect vulnerable populations from
trafficking and from rape and other kinds of sexual misconduct.
I would point out parenthetically to my colleagues that yesterday we
held a day-long hearing on the atrocities committed by U.N.
peacekeepers in the Congo, where unfortunately there have been credible
and large numbers of allegations made that U.N. peacekeepers have raped
13-year-old, 14-year-old, and 15-year-old girls and older and have
offered them $1 or $2 or a loaf of bread in exchange for this
exploitation. It is outrageous.
[[Page H855]]
The U.N. for its part, I believe, is committed to trying to rectify
and remedy this situation, but more needs to be done; and we need to
have in place safeguards to ensure that this kind of misconduct, which
is gross and, unfortunately, very, very prevalent, is mitigated and
stopped. This bill is another step in that direction; and I applaud the
gentleman from Massachusetts (Mr. Delahunt), the gentleman from Texas
(Mr. DeLay), and all of those who have sponsored it and brought it to
the floor today.
Mr. Speaker, I reserve the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of this legislation. I would
first like to thank my good friend and distinguished colleague, the
ranking member of the Committee on International Relations Subcommittee
on Oversight and Investigations, the gentleman from Massachusetts (Mr.
Delahunt), for being the principal author of this critically important
legislation.
I would also like to express my thanks to my friend, the gentleman
from New Jersey (Mr. Smith); the majority leader, the gentleman from
Texas (Mr. DeLay); and the distinguished chairman of the House
Committee on International Relations, the gentleman from Illinois (Mr.
Hyde), for their outstanding work on this legislation.
Mr. Speaker, the humanitarian instincts of the American people run
deep, and each year the United States helps tens of millions of
refugees and internally displaced people in conflict zones around the
globe. When Afghans streamed back to their homes after the fall of the
Taliban, the United States was on hand to help rebuild homes and
villages. When the tsunami struck Southeast Asia, the United States,
and particularly our military, led the way in providing emergency help,
food, medicine and shelter to hundreds of thousands of people who had
lost their homes in that horrible tragedy.
Mr. Speaker, I want specifically to commend former Presidents Bush
and Clinton for their efforts in this very important undertaking.
As we speak today, the United States is helping more than 20,000
Sudanese refugees who have fled their country for the neighboring
country of Chad to escape the bloodshed in Darfur. In acting on our
humanitarian impulses, the United States greatly enhances the image of
our Nation abroad, but only if these activities are carried out
correctly. Avoiding any linkage between the United States assistance
and sexual abuse must be a cornerstone principle of our Nation's
foreign assistance program.
Over the past year, the United Nations has investigated over 150
allegations of sexual abuse by United Nations peacekeepers in the
Democratic Republic of Congo. Women have charged that they have been
raped by U.N. peacekeepers, the very military forces specifically sent
there to protect and to defend them. There have been charges that
children as young as 12 and 13 were bribed with food for sex. Women
trying to feed their families were forced to trade sex for money or
food or jobs.
While most peacekeepers in the Congo obviously did not participate in
these despicable practices, I strongly agree with United Nations
Secretary General Kofi Annan who has stated that ``the behavior of a
few has undermined the contributions of many.''
{time} 1030
In response to the outrages committed in the Congo, Secretary General
Annan has wisely instituted a non-fraternization policy between United
Nations Peacekeepers and the local population. This ban forbids United
Nations personnel and Peacekeepers from engaging in sex with girls
younger than 18, from engaging in commercial sex of any kind, and
imposes a curfew of U.N. military contingent.
We further understand that the United Nations, under Secretary For
Peacekeeping Operations, is engaged in a far-reaching review that will
increase enforcement of sexual abuse laws, providing additional
training of peacekeeping troops before they are deployed in the field,
and providing better investigatory capacity to ensure that those who
violate the guidelines are properly punished.
I commend the United Nations for taking these measures and for making
it clear that a new zero tolerance policy will apply to all United
Nations peacekeeping troops abroad.
In light of the problems faced by the United Nations as it has
carried out its humanitarian mission, the United States must follow
suit. We must ensure that all humanitarian organizations receiving
American money have firm policies which prevent their employees from
sexually abusing the people they were sent to help.
Mr. Speaker, the Humanitarian Assistance Code of Conduct Act of 2005
prohibits funding for refugee, disaster and other humanitarian
assistance to humanitarian organizations that failed to adopt a code of
conduct consistent with principles adopted by the U.N. interagency
standing committee on protection from sexual exploitation and abuse in
humanitarian crisis. It is long past time for us to ensure that
humanitarian organizations that receive U.S. funding fully comply with
these principles. The time for voluntary acceptance is over and
mandatory compliance must now begin.
The United States is a most generous Nation, Mr. Speaker, and
American humanitarian organizations provide invaluable expertise and
hands-on assistance in crisis zones around the globe. With the passage
of our legislation, refugees and internally displaced people can have
even more confidence that American assistance is distributed according
to the highest standards of conduct.
I urge all of my colleagues to support this legislation.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Massachusetts (Mr. Delahunt), the distinguished author of the bill
and my good friend.
Mr. DELAHUNT. Mr. Speaker, I thank the ranking member and appreciate
his encouragement and support in this particular effort along with his
leadership on the full Committee on International Relations on the
House side.
Mr. Speaker, as others have said, including the gentleman from
California (Mr. Lantos) and the gentleman from New Jersey (Mr. Smith),
this bill represents yet another step forward in the comprehensive
effort to address the international human tragedy of sexual
exploitation of women and children. It would mandate that humanitarian
relief agencies adopt a code of conduct that would promote protection
for potential victims.
As the gentleman from California (Mr. Lantos) indicated, U.S. funding
would only be available if those agencies had expressly articulated and
adopted such a policy. The bill enumerates six core principles that
incorporate the findings of a task force created by the United Nations
in 2002. To mention a few, and I will be repetitive, but I think it is
important to repeat because these provisions are of consequence.
Sexual activity with a child under 18 is prohibited regardless of
local law. The exchange of sexual favors for any reason is defined as
abusive and exploitative behavior. It is humiliating and degrading, and
as such, it is prohibited. Where there is a concern of abuse or
exploitation on the part of a humanitarian worker, that individual,
that humanitarian worker is required, is mandated now, under the
provisions of this legislation, to report their suspicions to the
proper authorities. And most importantly, humanitarian agencies are
obliged to create and maintain an environment which prevents sexual
exploitation and abuse and promotes the implementation of their code of
conduct.
It cannot be denied that as a people and a government, the United
States has responded to crisis after crisis. At the same time, Mr.
Speaker, it is estimated that 600,000 to 800,000 people, mostly women
and children, are trafficked across national borders. It is also
estimated that 2 million children, 2 million children are enslaved in
the global sex trade. The magnitude of this crisis is immense. And
sadly, Mr. Speaker, it goes largely unnoticed. It is an international
scandal that needs to be revealed and acknowledged by the international
community because that is necessary before we can adequately address it
and seek to eradicate it. Information and discussion about this tragic
reality is critical because there
[[Page H856]]
is widespread agreement that education and awareness, public awareness
are the keys to prevention. And if we persist in our collaboration with
other governments and stakeholders, including the United Nations, I am
convinced that our efforts will result in a significant decline in
these unacceptable numbers.
The truth is we are making progress. Since 2001, the U.S. has
provided close to $300 million to support anti-trafficking programs in
120 countries. Under the leadership of the gentleman from New Jersey
(Mr. Smith), the Protect Act became law, which allows for the
prosecution of U.S. citizens who travel abroad to sexually abuse
minors. And in the private sector we secured a commitment from the
travel and tourism industry to implement its own code of conduct on
child trafficking. And I am confident that the passage of this bill
code will build on that progress that we have already observed because
it will increase public awareness of this quiet crisis. And hopefully
it will impact the cultural attitudes that nurture this behavior, often
by silence and acquiescence by looking the other way, by ignoring its
existence. And there have been some positive developments.
Recently, the action of the government of Morocco in filing charges
against their own troops who purportedly bribed Congolese children with
food for sex while serving as U.N. Peacekeepers has to be noted for the
record, because I have no doubt that the tangible and cumulative
efforts of this Congress and many of the stakeholders contributed in an
indirect way do that particular action. Because by our cumulative
efforts we have announced to the world, to the international community
that this issue is a high priority for the United States and for every
American.
The idea for this discrete proposal was generated as a result of a
meeting in the Majority Leader's office this past January, and I want
to acknowledge his leadership on this issue, I see the gentleman
presents in the Chamber now, not only on the bill before us today, but
for his long and committed engagement on children's issues.
The Majority Leader has made a difference, and I would be remiss also
not to note the contributions made by the gentleman who controls the
time for the majority, the gentleman from New Jersey (Mr. Smith) whose
leadership on this whole array, this particular issue and other related
issues, can only be described as inspirational. Many are in the debt of
the gentleman from New Jersey (Mr. Smith), many victims across the
world.
As a people and a government, the United States responded as we
always do in a very positive way to the tsunami in South Asia and to
every crisis that besets this planet with passion and incredible
generosity. But we cannot lose sight of that unfortunate reality that
at such times, there are increased opportunities for sexual predators
and those who would traffic for sexual reasons.
So today, once more, we are announcing to the rest of the world that
protection of women and children is a top priority for the people of
the United States.
Before I conclude, I think it is incumbent upon me to recognize the
key members of the staffs on both sides who achieved what I consider to
be a thoughtful and obviously bipartisan piece of legislation.
First, let me thank the staff of the Majority Leader's office for
their cooperation and hard work enabling us to reach this result. With
their customary incredible energy, Cassie Statuto Bevans demonstrated a
sincere determination to craft the best legislative proposal to protect
women and children who are at risk. I am also grateful for the helpful
assistance of Hope Henry in the office of the gentleman from Texas (Mr.
DeLay). From the House Committee on International Relations, Renee
Austell and Matt McLean provided significant time and expertise helping
us to formulate the right approach.
In addition, I would like to acknowledge the import and guidance of
my Democratic colleagues on the committee, Pearl Alice Marsh and Robin
Roizman. And I would also like to extend my appreciation to Rob Blair
with the Subcommittee on Foreign Operations, Export Financing and
Related Programs of the House Committee on Appropriations whose timely
and insightful guidance throughout this process is much appreciated by
me and my own staff.
Finally, I would like to extend my appreciation for the skillful
assistance of Mark Synnes in the Office of Legislative Counsel in the
drafting of this bill. Myself, and I know the gentleman from Texas (Mr.
DeLay) and the gentleman from New Jersey (Mr. Smith) and the gentleman
from California (Mr. Lantos) also appreciate the letters of support
that we have received from several leading relief organizations,
including InterAction, Save the Children, the American Red Cross,
Refugees International, World Vision and UNICEF.
By the way, I also want to acknowledge the assistance and help of my
own staffer, Christine Leonard.
Mr. Speaker, with that I urge my colleagues to unanimously approve
this legislation.
[From World Vision, Mar. 1, 2005]
Statement of World Vision on H.R. 912, the Humanitarian Assistance Code
of Conduct Act of 2005
Washington.--World Vision would like to thank House
Majority Leader Tom DeLay and Congressman William Delahunt
for their ongoing commitment to protecting children from harm
and their leadership in drafting H.R. 912, the Humanitarian
Assistance Code of Conduct Act of 2005.
World Vision supports this important piece of legislation.
Each year, millions of children are exploited and abused
around the world, often in the midst of a disaster, such as
the tsunami that impacted South Asia in December 2004.
Humanitarian organizations must be part of the first line of
defense in protecting these children, and this includes
measures for self-accountability and proper conduct.
H.R. 912 helps to ensure this accountability and conduct by
prohibiting the funding of relief organizations that have not
adopted a code of conduct that provides for the protection of
beneficiaries from sexual exploitation and abuse in
humanitarian operations.
World Vision has been in the forefront of developing
comprehensive child protection policies and codes of conduct
among the humanitarian aid community. All organizations that
work with children should use every available measure to
protect children from harm.
World Vision is a Christian relief and development
organization dedicated to helping children and their
communities worldwide reach their full potential by tackling
the causes of poverty. World Vision serves the world's poor--
regardless of religion, race, ethnicity, or gender. In 2004,
World Vision operated in nearly 100 countries around the
world.
____
United States Fund for UNICEF,
New York, NY 10016, March 1, 2005.
RE: The Humanitarian Assistance Code of Conduct Act of 2005
Hon. Tom Delay,
House Majority Leader, Capitol Building, Washington, DC.
Dear Mr. Leader: On behalf of the United States Fund for
UNICEF, I am writing to offer our thanks for your leadership
in introducing the Humanitarian Assistance Code of Conduct
Act of 2005. This bipartisan legislation will help reduce the
risk of exploitation and abuse of children in complex
humanitarian emergencies. We are happy to join the coalition
of groups endorsing this important legislation.
UNICEF is committed to a zero tolerance policy toward the
sexual abuse and exploitation of children, or any other form
of child abuse or exploitation by its staff or those
affiliated with UNICEF. As of October of 2003, the United
Nations Secretary-General promulgated a bulletin which
requires all UN staff to adhere to the six core principles
developed by the UN Inter-Agency Standing Committee. We are
glad to see these same core principles included in your
legislation and extended to all humanitarian relief
operations.
Your legislation is a big step forward to the goal of
universal application and enforcement of the humanitarian
code of conduct. We thank you for your leadership and look
forward to working with you on this issue and other child
protection issues.
Sincerely,
Charles J. Lyons,
President, U.S. Fund for UNICEF.
____
American Council for
Voluntary International Action,
March 1, 2005.
Rep. Tom DeLay,
House of Representatives,
Washington, DC.
Dear Rep. DeLay: On behalf of InterAction, the largest
alliance of U.S. based nongovernmental organizations working
in international humanitarian and development assistance, I
write to commend you and Representative Delahunt for your
interest and commitment in advancing the protection of
beneficiaries of humanitarian assistance and for providing us
an opportunity to comment on H.R. 912, The Humanitarian
Assistance Code of Conduct Act of 2005. InterAction exists to
enhance the effectiveness and professional capacities of our
member organizations engaged in international
[[Page H857]]
humanitarian efforts. As such, we are committed to promoting
the highest standards of ethical and effective performance
among our members as we strive towards overcoming poverty,
exclusion and suffering in the world.
As you are well aware, most of the victims of conflict and
those most often affected by humanitarian crises are women
and children. They are also the most vu1nerable to further
exploitation in the delivery of humanitarian relief. This was
dramatically highlighted by the February 2002 report by the
United Nations High Commissioner for Refugees and Save the
Children-UK containing allegations of widespread abuses of
displaced children, particularly young girls, in humanitarian
situations.
InterAction immediately established a task force comprised
of member CEOs to develop guidelines and recommendations that
humanitarian agencies, particularly InterAction members,
might take to prevent the abuse of displaced children. The
report of the InterAction task force was widely disseminated
in the humanitarian community and shared with our donors,
partners and policymakers and included the recommendation
that humanitarian agencies revise or adopt codes of conduct
to reflect the six core principles of the IASC Task Force on
Sexual Exploitation and Abuse in Humanitarian Crises. In
addition, InterAction amended its own membership standards to
include the adoption of a code of conduct against the
exploitation of humanitarian beneficiaries by our members.
Finally, we continue our efforts to advance and enhance the
protection of vulnerable populations in humanitarian
situations through our Protection Working Group.
InterAction members appreciate the legislation that has
been drafted by you and Mr. Delahunt and appreciated the
opportunity to work with your staff in the drafting of this
legislation. InterAction strongly supports efforts to require
organizations involved in the delivery of humanitarian
assistance to adopt codes of conduct to protect beneficiaries
from sexual exploitation and abuse. Furthermore, InterAction
supports the six core principles of the United Nations Inter-
Agency Standing Committee Task Force on Protection From
Sexual Exploitation and Abuse in Humanitarian Crises, which
have been widely agreed upon as the guiding principles for
such codes of conduct.
We believe that such a code of conduct should be required
for organizations providing all manner of humanitarian
assistance, not just to refugees and internally displaced.
However, we would urge that any requirement for a code of
conduct allow humanitarian agencies flexibility in the type
of code required and the manner in which it is implemented to
reflect the many variables of organizational structure and
country environments. Finally, while we understand that this
legislation does not carry any funds for training and
technical assistance for the affected U.S. government
agencies or their implementing partners, we believe that such
assistance is necessary and hope that you will address this
need in the near future.
We thank you for your interest and commitment to protection
of beneficiaries of humanitarian assistance from sexual
exploitation and abuse.
Sincerely,
Mary E. McClymont,
President and CEO.
____
[From Save the Children, Mar. 1, 2005]
Statement of Save the Children in Support of H.R. 912, the Humanitarian
Assistance Code of Conduct Act of 2005
On behalf of Save the Children, the leading independent
organization committed to creating real and lasting change in
the lives of children in need, we applaud the introduction of
H.R. 912, The Humanitarian Assistance Code of Conduct Act of
2005. Introduced by House Majority Leader Tom DeLay and
Congressman William Delahunt, we believe that this
legislation sends an important message to all organizations
providing assistance to refugees and internally displaced
people (IDP)--the majority of whom are women and children--
that abuse and exploitation will not be tolerated.
Whether as a result of war or natural disaster, a child's
vulnerability to abuse is very similar. To survive, women and
children in refugee camps are frequently put in a position
where they have little choice but to barter with their bodies
in order to obtain desperately needed food and assistance.
The full extent of sexual exploitation and abuse of children
in war and conflict is largely unknown. However, according to
UNIFEM in Sierra Leone, 94 percent of displaced families
experienced sexual abuse. Furthermore, 40 percent of the
population, including 692,000 children, suffered sexual abuse
from 1994-1997 at the height of the civil war. In just one
camp for displaced persons in Darfur, 15 cases of rape are
reported each week.
A joint Save the Children/UNHCR assessment mission looking
at refugee and IDP communities in West Africa in October/
November 2001 highlighted the fact that these issues need
urgent attention. The mission found that a large number of
refugee and displaced children, mainly girls, were victims of
sexual violence and many more were forced into exploitative
relationships in order to obtain food, shelter, healthcare
and education. Protection concerns must be integrated into
humanitarian services.
As a result of the West Africa report, Save the Children
participated in the writing of the Inter-Agency Standing
Committee (IASC) Task Force on Protection from Sexual
Exploitation and Abuse in Humanitarian Crises six core
principles relating to sexual exploitation and abuse by
humanitarian workers. Making these principles the standard
operating procedures for organizations receiving U.S.
Government funding will help ensure that these most
vulnerable children and their families are not victimized by
those who are sent to help.
____
[From the American Red Cross]
We applaud the efforts of Majority Leader Tom DeLay and
Representative William Delahunt. The Humanitarian Assistance
Code of Conduct Act of 2005 will go far to help ensure the
protection of some of the world's most vulnerable people.
The American Red Cross fully supports the effort to prevent
sexual exploitation and abuse in any form, especially when
committed against children. As an organization chartered by
Congress to bring emergency relief to disaster victims all
over the world, we firmly believe that our humanitarian
workers should behave in a way that is beyond reproach.
Since 2003, the American Red Cross has integrated the six
core principles identified by the Inter-Agency Standing
Committee Task Force on Protection within the policies and
procedures of the American Red Cross International Services.
Making these principles the standard operating procedures for
relief organizations will help ensure those most in need are
not victimized yet again by those sent in to help. Our
organization stands in support of this legislation and thanks
Congress for advocating on behalf of those in need of
humanitarian assistance.
____
[From Refugees International, Mar. 1, 2005]
Statement by Ken Bacon, President of Refugees International, in Support
of The Humanitarian Assistance Code of Conduct Act (HR 912)
Refugees International (RI) applauds the introduction of HR
912: The Humanitarian Assistance Code of Conduct Act to
protect beneficiaries of humanitarian assistance. Since the
scandal in Sierra Leone involving `sex for food' abuses by
humanitarian workers in 2002, United Nations agencies and
U.S. non-governmental organizations have slowly begun to
implement codes of conduct regarding sexual exploitation. The
Inter-Agency Standing Committee Code of Conduct, the
principles of which are included in this legislation, is
testimony to the seriousness with which the responsible
members of the humanitarian community have responded to this
issue.
However, many contractors and others that have received
funding from the U.S. government have not yet faced up to the
issue of sexual exploitation in emergency settings. The
battle to protect vulnerable women and children from
humiliating and degrading behavior is difficult, as is
evidenced by the ongoing problems in the Democratic Republic
of Congo. By requiring that all U.S. humanitarian funding go
to organizations that are working within the framework of the
IASC guidelines, Congress is sending a strong message to
vulnerable women and children that they have a powerful ally
in their struggle for human dignity in the face of
overwhelming odds.
As an independent organization that promotes life-saving
action for displaced people around the world, RI strongly
supports the US Congress's efforts to require all
organizations involved in the delivery of humanitarian
assistance to adopt a code of conduct to protect vulnerable
women and children from sexual exploitation and abuse by
those charged with assisting them. We are fully committed to
the IASC principles and to advancing the code of conduct
throughout the humanitarian community. RI therefore urges all
members of Congress to support the vulnerable women and
children of the world by passing this bill into law.
{time} 1045
Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may
consume to the gentleman from Texas (Mr. DeLay), the distinguished
majority leader.
Mr. DeLAY. Mr. Speaker, I thank the gentleman for yielding me the
time, and I really thank the gentleman from Massachusetts (Mr.
Delahunt) for bringing this bill to the floor and particularly the
gentleman from California (Mr. Lantos) and the gentleman from New
Jersey (Mr. Smith) for working hard to make sure it was all right and
well. These three gentlemen have worked tirelessly on children's
issues, particularly this issue. It is a thankless issue.
Just like people in the United States do not want to talk about
abused and neglected children in foster care, people around the world,
and particularly governments, do not want to recognize that sex
trafficking is going on, slavery is going on, and actual exploitation
of children and women is going on around the world. These three men
have worked tirelessly on the thankless job to raise this issue, an
issue this is vitally important to the lives of many, many people.
[[Page H858]]
Last December, the United Nations Under Secretary for Humanitarian
Relief reported that cases of sexual abuse and exploitation by U.N.
peacekeeping and humanitarian personnel had reached an unacceptable
level.
Victims of natural disasters and civil wars, especially children, are
among the most vulnerable people on Earth.
In many places around the world, the security of homes, families and
lives rely on the compassion and commitment of international relief
organizations. As anyone who has ever seen them in action could tell my
colleagues, the men and women who devote their lives to this work, who
travel at a moment's notice to help total strangers, survive in
desperate straits, arrive on such scenes with wings on their backs.
The very thought that such people could prey upon the women and
children under their care is disturbing in the extreme, and yet we must
now sadly admit such cases have occurred.
Victims of disasters need our help, and the American people always
respond to humanitarian crises with compassion and generosity. That any
of our generosity for these victims might be twisted into revictimizing
them will not stand.
Assistance must reach those in need of relief, and it must be
delivered by organizations and individuals committed to their safety.
That is what this bill will do.
The Humanitarian Assistance Code of Conduct Act, the result of
cooperation from humanitarian relief organizations, administration
officials, and especially the work of the gentleman from Massachusetts
(Mr. Delahunt) will ensure that from now on the American people need
not accept a choice between indifference and abuse.
It will require any organization receiving humanitarian assistance
funds from the United States Government adopt a strict code of conduct
for its relief workers.
It will prohibit humanitarian relief workers from engaging in sexual
contact with minors, soliciting prostitution, and in other ways
exploiting the women and children of disaster-ravaged communities.
Such organizations must strongly discourage any sexual relationships
between relief workers and beneficiaries and will immediately terminate
any worker who crosses the line.
The best of such groups already adhere to the principles in this
bill, groups that have assisted in its development, groups that set a
gold standard for every aspect of humanitarian activity; and the
adoption of these principles by more and more groups will help
eradicate the behavior they specifically prohibit.
This code of conduct will help identify and document at-risk children
in devastated regions, reducing the likelihood that such children will
fall through the cracks and into the dark world of exploitation, abuse,
and even human trafficking.
It is sickening that this bill even merits consideration, Mr.
Speaker; but in order to protect some of the world's most vulnerable
people, consider it and pass it we must.
The exploitation of women and children who have already lived misery
few of us could even imagine at the hands of their would-be rescuers is
a corruption of humanity itself. Those responsible for such evil are
terrorists of the soul, Mr. Speaker, their crimes of a sort
civilization cannot brook.
I urge my colleagues to join me in supporting the gentleman from
Massachusetts' (Mr. Delahunt) bill and reminding the world the only
acceptable level of abuse and exploitation of human life is none.
I, too, want to thank the staff, particularly my staff, Dr. Cassie
Bevan, in working on this, the staff of the Committee on International
Relations on both sides; and certainly the gentleman from
Massachusetts' (Mr. Delahunt) staff did excellent work on this issue.
This is an issue that people have to pay attention to, and hopefully
this bill will help.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
We have no additional requests for time; but before yielding back, I
want to join the gentleman from Massachusetts (Mr. Delahunt) in paying
tribute to the majority leader and to the gentleman from New Jersey
(Mr. Smith) for their invaluable work on this issue.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, we do have one additional
request for time, and I yield such time as he may consume to the
distinguished gentleman from Connecticut (Mr. Shays).
Mr. SHAYS. Mr. Speaker, I appreciate the gentleman yielding me time,
and I just want to rise in strong support for the gentleman from
Massachusetts' (Mr. Delahunt) bill and a bill supported by the
gentleman from Texas (Mr. DeLay), the majority leader, and to thank the
gentleman from New Jersey (Mr. Smith) and the gentleman from California
(Mr. Lantos) for always being out front on such important issues.
This bill takes a very meaningful step. It may be small, but it is
meaningful to ensure those who are most vulnerable in emergency
situations, women and children, are not exploited.
In my work as chairman on the Subcommittee on National Security,
Emerging Threats and International Relations, I have had the
opportunity to witness the crucial and awe-inspiring work of
humanitarian aid organizations around the world. I am, frankly, in awe
of organizations like AmeriCares, Save the Children, MercyCorps and so
many others. They do extraordinary work.
As an original cosponsor of this legislation, I can clearly state we
have no intention of hindering, in any way, the crucial work these and
other humanitarian organizations do. In fact, most of the organizations
working with the USAID already have adopted policies that protect their
beneficiaries.
What we do want to say, however, is that with the U.S. Government's
financial assistance comes some responsibility, and so by passing this
legislation we will require aid organizations to adopt a code of
conduct that protects beneficiaries of their assistance from sexual
exploitation and abuse. This is not a burdensome condition.
In fact, the United Nations created a Task Force on Protection from
Sexual Exploitation and Abuse in Humanitarian Crises and established a
set of six core principles. This legislation clarifies the code of
conduct should be consistent with those six principles to the maximum
extent practicable.
We can all agree that Americans want to know our foreign assistance
is being put to good use and certainly that it is doing no harm. I am
sincerely grateful to the gentleman from Massachusetts (Mr. Delahunt)
and to the gentleman from Texas (Mr. DeLay). It makes me feel
encouraged that on a bipartisan basis we can do something that has
meaning and frankly will not only bring our country together, but bring
this Congress together.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself 30 seconds.
We have no further requests for time, and I just want to conclude and
again say to my friends on the other side of the aisle, to the
gentleman from Massachusetts (Mr. Delahunt), the gentleman from
California (Mr. Lantos), as well as to the gentleman from Illinois (Mr.
Hyde), the chairman of our distinguished Committee on International
Relations, to the gentleman from Connecticut (Mr. Shays) and, of
course, to our majority leader for his leadership on this in ensuring
that this very important piece of legislation not only gets expedited
treatment but will be passed early and closed enough to the tsunami in
order to address some of the problems that were exposed as a result of
it.
Children need protection. Women need protection. This bill advances
that ball. It is an important and very noble task, and I am glad we
have bipartisan consensus on this kind of humanitarian and human rights
legislation.
Ms. PRYCE of Ohio. Mr. Speaker, I rise today in support of H.R. 912,
the Humanitarian Assistance Code of Conduct Act. I'd like to first
thank Majority Leader DeLay and the gentleman from Massachusetts, Mr.
Delahunt, for their steadfast work on crafting this critical
legislation. They have put partisan politics aside to collaborate on a
monumental initiative that will establish a clear U.S. policy to
protect some of the most vulnerable refugees in the tsunami-affected
areas.
It's been over two months since the tsunami devastated villages and
neighborhoods across South Asia. Yet while the images we were so used
to seeing on television in the days and weeks after the tragedy struck
seem to have
[[Page H859]]
all but disappeared from the airwaves, lives remain shattered, loved
ones are still missing, and communities are still coping with
inexplicable loss and devastation.
Individuals and communities around the world have poured out their
hearts and opened up their pocketbooks to help victims of the tsunami.
And while so much good has come out of something so terrible, there
remains a dark and vicious threats that has infiltrated this region for
years.
South Asia has been a source and destination for human trafficking
for a long time. While efforts are being made to put a stop to this
horrific form of modern day slavery, the problem remains prevalent in
this region. Natural disasters, like the tsunami, significantly
increase the risk for trafficking and exploitation of women and
children.
That is why the legislation we're considering on the floor today is
important. It takes us another step forward in our global effort to
combat human trafficking and the sexual exploitation of women and
children. This measure will help insure that the children in the
tsunami-affected region who lost family members or the roof over their
heads will be protected from those who may try to prey on them.
I urge my colleagues to lend their strong support for this critical
legislation.
Mr. SMITH of New Jersey.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaHood). The question is on the motion
offered by the gentleman from New Jersey (Mr. Smith) that the House
suspend the rules and pass the bill, H.R. 912.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________