[Congressional Record Volume 151, Number 72 (Thursday, May 26, 2005)]
[Extensions of Remarks]
[Pages E1124-E1125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            EXAMINING EFFORTS TO ERADICATE HUMAN TRAFFICKING

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                         Thursday, May 26, 2005

  Mr. SMITH of New Jersey. Mr. Speaker, May 12, 2005, I chaired a 
Capitol Hill briefing, ``Sex Trafficking in Eastern Europe: Belarus, 
Moldova, and Ukraine,'' conducted for the Congressional Human Rights 
Caucus. The Caucus heard testimony from a number of excellent witnesses 
regarding current efforts in Eastern Europe to combat human trafficking 
for forced economic or sexual exploitation.
  Since the late 1990s, I have worked to eradicate trafficking in the 
United States and around the world. As Co-Chairman of the Commission on 
Security and Cooperation in Europe and as Special Representative on 
Human Trafficking for the Parliamentary Assembly of the Organization 
for Security and Cooperation in Europe (OSCE), I have given particular 
attention to the situation in the 55 OSCE participating States, which 
include source, transit and destination countries for victims of 
trafficking, such as Belarus, Moldova and Ukraine, The United States 
has been a solid supporter of the OSCE's role in generating the 
political will--and programmatic responses--necessary to stop 
trafficking in Europe and Eurasia.
  Among those briefing the Congressional Human Rights Caucus was 
Michele Clark, Head of the OSCE's Anti-Trafficking Assistance Unit in 
Vienna, Austria, and previously Co-Director of The Protection Project 
at Johns Hopkins University. Ms. Clark is a dedicated and knowledgeable 
anti-trafficking advocate. Her recognized expertise on human 
trafficking issues led to her appointment at the OSCE in which she is 
now at the forefront of the anti-trafficking movement in Europe.
  Mr. Speaker, I ask that Ms. Clark's prepared statement from the 
briefing be printed in the Congressional Record. Her statement was both 
visionary and practical and challenges all of us--Members of Congress 
and representatives of governments alike--to take bold, definitive 
steps to eradicate modem day slavery. Ms. Clark's statement also 
encourages us, and I believe rightly so, to evaluate carefully whether 
our current programs and strategies are effectively meeting that 
challenge.

Testimony of Michele A. Clark, Head, Anti-Trafficking Assistance Unit, 
Organization for Security and Cooperation in Europe: Sex Trafficking in 
               Eastern Europe: Moldova, Ukraine, Belarus


                              Introduction

       I am Michele Clark, Head of the Anti-Trafficking Assistance 
     Unit at the Organization for Security and Cooperation in 
     Europe (OSCE) in Vienna, Austria. The OSCE has a long history 
     of combating all forms of human trafficking, including 
     trafficking for commercial sexual exploitation as well as 
     forced and bonded labor within the framework of prevention, 
     prosecution and protection. A unique characteristic of the 
     OSCE's Action Plan to Combat Trafficking in Human Beings is 
     the recognition of human trafficking as a complex, 
     multidimensional issue with far reaching security 
     implications. Consequently, the Action Plan enjoins all of 
     the OSCE institutions and structures, including the Strategic 
     Police Matters Unit and the Office of the Coordinator for 
     Economic and Environmental Activities, as well as the Office 
     for Democratic Institutions and Human Rights, to work 
     together toward combating trafficking in human beings.
       I appreciate the opportunity to address you today on the 
     status of Trafficking in Human Beings in Eastern Europe with 
     a focus on the countries of Moldova, Belarus and Ukraine. I 
     would like to thank you, members of the Human Rights Caucus, 
     for your sustained commitment to this noble cause and for 
     keeping informed of the most current issues, trends and 
     challenges. The OSCE looks forward to being of assistance to 
     you in any way we can, and to continuing our good work 
     together.
       The movement to Combat Trafficking in Persons is poised to 
     become one of the most significant human rights movements in 
     the past two hundred years, but it isn't there yet. I say 
     this very carefully. For, notwithstanding the central 
     position that human trafficking has occupied on the world 
     stage for the past five years, the tragic, graphic stories by 
     print and broadcast media, the high level of political 
     visibility and, last but far from least, the hundreds of 
     millions of dollars and Euros made available by donor 
     countries, trafficking in human beings is in fact a growth 
     industry. Obviously, this statement begs the question, 
     ``Why?'' I would like to devote the bulk of my testimony 
     today to providing some thoughts that might prove beneficial 
     to policy makers as well as practitioners as we all attempt 
     to ``get it right.'' I would like to begin with a real-life 
     story.


                            Mariana and Jana

       A year and a half ago, I went to Moldova. Although I went 
     there to participate in an international conference, one of 
     my personal goals was to visit with a family I had only heard 
     about, but wanted very much to meet. Four months earlier, the 
     eldest daughter, a beautiful young woman in her early 
     twenties and herself the mother of a three-year-old 
     daughter, tragically killed herself, by hanging in the 
     country where she had been trafficked, abused, finally 
     imprisoned as she waited to participate in the prosecution 
     of her traffickers. I do not apply the word, ``rescue'' to 
     such circumstances. She worked with the law enforcement 
     officials of that country and her testimony resulted in a 
     conviction and stiff sentence. The only option available 
     to her, at the end of the legal proceedings, was return to 
     her country, and for that she was asked to pay $80 for her 
     travel documents. Return to what, however? A job that 
     would pay about 30 dollars a month? A home without a 
     father, because hers was absent 8 months of the year, a 
     migrant worker in Western European countries, trying to 
     make money to send home? For her daughter, a life with 
     prospects not much different than her own? Rather than 
     return to a future with no hope, Mariana as I will call 
     her now, ended her own life.
       Her body was flown to Moldova, where she was buried. An 
     international organization there as well as an NGO in the 
     destination country contributed to the transport of the body 
     and to the funeral costs. I went to see her mother, younger 
     sister Jana, and her daughter Victoria. We spent many hours 
     together over several days, but the family did not want to 
     talk about Mariana--although everyone knew what had happened 
     to her. The stigma of Mariana's life as a trafficked woman 
     was a great burden for the family. Coupled with the suicide, 
     it was too much to bear. There were no visible pictures of 
     her in the home but I finally asked to see photos. The mother 
     warmed to us then and for a few moments we all wept together 
     as women and as friends. All except for little Victoria who 
     continued to express anger that her mother came home in a box 
     and that she was not allowed to see her.
       In particular, I was deeply moved by the younger sister, 
     Jana, and became concerned for her future. Blonde (as much as 
     it pains me, there is a stereotype), bright-eyed and quite 
     lovely, she asked eagerly about life in the United States and 
     wondered if I could help her get there. I thought, how easily 
     swayed she would be by anyone who offered her a situation 
     similar to her sister's. For weeks her image would not leave 
     me and I made some inquiries, unwilling to accept that her 
     plight had to be the same as her sister's. Was there in fact 
     no hope for her? I learned that a year of university would 
     cost about $USD 500; she would then need money for supplies 
     and fees, and income to supplement the money she was making 
     in a candy factory. I engaged with a social worker there, 
     part of a large organization that assisted trafficked women. 
     I asked them, what could happen, and what were the options? 
     It took a long time to get answers, because the social 
     workers have very little capacity to assist victims, or 
     potential victims, to find long-term solutions, the focus 
     being primarily on emergency care. Finally I was told that 
     Jana could be sent to hairdressing school, and that she would 
     receive assistance with job placement after she left. 
     However, there was no money, not even the small sum $800 that 
     would take care of all costs. Together with a few friends, we 
     paid for Jana to go to school, and learn a trade. I was 
     deeply disappointed at how few options were available and by 
     the lack of attention to the long term. Parenthetically, I 
     must say how exasperated I get when I hear that vocational 
     training for trafficked women consists of beauty school. This 
     is certainly a fine trade, but how many beauticians can small 
     countries support? Another important fact is that many of 
     these women are intelligent and resourceful, and would do 
     well in business or any of the other professions.
       To summarize this story, I would like to quote my colleague 
     Antonia DeMeo, who is the Human Rights and Senior Anti-
     Trafficking officer at the OSCE Mission to Moldova: ``If the 
     economic situation in Moldova would improve, then I believe 
     that the trafficking problem would decrease. People are 
     looking for work and money, and better opportunities for the 
     future, and will take significant risks to get them. [While 
     working in the Balkans] I saw numerous asylum and residency 
     petitions filed by Moldovans and none of them wanted to 
     return to Moldova. Why? Because they saw no future there. 
     You can provide them with all the counseling you want--it 
     will not solve the problem of creating a viable future.


                 Characteristics of Countries of Origin

       Today we are talking about three different countries: 
     Moldova, Belarus and Ukraine. I would like to identify common 
     elements among each of these countries in an effort to assist 
     our policy and programmatic initiatives.
       These three countries are among the top ten countries of 
     origin for trafficking for

[[Page E1125]]

     prostitution in the world, according to a United Nations 
     report dated May 2003. It is interesting here to note that 
     these countries have all undertaken serious efforts towards 
     legislative reform to address trafficking in human beings. 
     Laws alone do not stop trafficking, although they are a 
     necessary place to start.
       These countries share many of the same routes, and many of 
     the same countries of destination, including but not limited 
     to Italy, the United Arab Emirates, Germany, Czech Republic, 
     Belgium, Switzerland, Sweden, Greece, France, Finland, the 
     Netherlands, Hungary, Poland and the United States.
       These countries are primarily countries of origin for women 
     trafficked for purposes of commercial sexual exploitation. 
     However, recent studies of trafficking patterns in these 
     countries indicate new trends, notably trafficking of 
     children (boys and girls), trafficking for labor, and the 
     development of local sex tourism. This particular trend is 
     very unsettling. The sex tourism is a by-product of coveted 
     commercial development necessary to the betterment of the 
     collapsing economic infrastructures.
       Numbers of trafficked persons are very difficult to come 
     by, with most information being provided by countries of 
     destination. Victim identification remains inadequate.
       Most trafficked persons return to the same conditions which 
     initially compelled them to seek employment elsewhere. The 
     hardship is compounded, however, by the fact that they are 
     often stigmatized as a result of their trafficking 
     experiences. Furthermore, criminal status that ensues from 
     being considered an illegal immigrant, or being in possession 
     of fraudulent documentation further marginalizes these women 
     and shuts them out of the formal economy.
       Overall, there is a lack of protection and re-integration 
     programs for returning trafficked persons. Most programs 
     provide short term assistance only and are not equipped to 
     provide long-term support to trafficked persons. Failure in 
     identification of trafficked persons and the subsequent 
     dearth of long-term assistance appear to be factors which 
     contribute to re-trafficking.
       Each country has experienced a period of great political 
     instability.


          Challenges to Combating Trafficking in Human Beings

       I believe that both countries of origin and of destination 
     have a responsibility for providing protection and assistance 
     to victims of trafficking, for the plight of women like 
     Mariana, and to ensure that Jana, and even Victoria, will be 
     able to contemplate a future with options and possibilities, 
     much in the way all of us in this room approach the future.
       In countries of origin, root causes need to be considered. 
     These run very deep, and comprise social and economic push 
     factors that drive women to seek employment overseas, 
     including the absence of alternatives, the social stigma that 
     leaves trafficked persons marginalized, and the on-going need 
     to provide financial assistance to their families. It is also 
     necessary to consider wide-spread corruption, the lack of a 
     human rights approach, mistrust towards the police and 
     judiciary, the absence of a tradition to resolve issues 
     through court procedures, lack of co-operation between the 
     State and the civil society, widely spread distrust 
     towards NGOs as foreign agents and representatives of 
     political opposition, inadequate funding for the 
     implementation of anti-trafficking programs and projects, 
     lack of co-operation with countries of destination. This 
     list goes on.
       Countries of destination, on the other hand,--and this 
     includes us--will have to concretely recognize that they 
     create the demand which encourages human trafficking and 
     enables organized criminal groups to generate billions of 
     dollars annually in tax-free revenue at the cost of human 
     misery. Furthermore, countries of destination need to develop 
     humane and compassionate approaches to victim identification, 
     victim protection, and long-term victim assistance. 
     Successful reintegration begins at the country of 
     destination.
       After making this distinction, I personally believe that it 
     is no longer adequate to talk about solutions, policies and 
     practices directed exclusively towards countries of origin 
     and destination, for these countries are in fact linked by 
     very complex relationships that include financial 
     institutions, border and immigration police, law enforcement, 
     the tourist and transportation industry, and other equally 
     significant commercial and professional enterprises. To 
     address only a country of origin without looking at where the 
     reward comes from for criminal activity is an incomplete 
     approach, and will therefore yield incomplete results. 
     Regional approaches to combating trafficking in persons, 
     linking countries of destination and origin, have the best 
     potential for arriving at comprehensive and systemic 
     solutions.
       In addition to the challenge of complex political and 
     commercial relationships mentioned above, I would like to 
     talk briefly about the great challenge of victim 
     identification, underscoring why there is such urgency in 
     addressing this topic. From 1 January 2000 to 31 December, 
     2004, the International Organization for Migration (IOM) and 
     other nongovernmental organizations assisted 1,464 
     trafficking victims to return to Moldova, and this number 
     includes 81 minors. In 2004, one destination country alone 
     documented repatriation of 1,774 Moldovan women. These women 
     were listed as illegal immigrants; however, human rights 
     groups in this country attest that the majority of Moldovan 
     women who are arrested for violations of immigration laws are 
     victims of trafficking. Similar discrepancies can be found 
     among the other countries we are talking about. In one year, 
     one country reported more Moldovan women than other reports 
     claim were helped in five years. These discrepancies require 
     our serious consideration. Why the discrepancy? What needs to 
     be changed in order for women to seek out assistance? Are the 
     right groups providing the assistance so that trafficked 
     persons feel protected? Is the assistance appropriate to the 
     need?


                          Policy Implications

       Here I would like to ask two more questions:
       (1) What about the present? Are we really making progress? 
     If trafficking, as all indicators tell us, is in fact a 
     growth industry, then what do we not know? What are we 
     getting wrong? What in fact is the real impact of anti-
     trafficking funding?
       (2) What about the future? Are our current efforts helping 
     to lay a foundation that will enable prevention, protection 
     and prosecution to continue after donor funds have decreased?
       I am particularly concerned about the need to think about 
     investing in the creation of sustainable grass roots 
     initiatives as opposed to reactive project development. The 
     question of funding is of particular concern to me right now. 
     Wealthy nations have responded generously both by making 
     funds available and by elevating this issue to one of high 
     political visibility. But let us be realistic. History 
     shows us that in time, another world crisis will capture 
     world attention as well as money, even though human 
     trafficking itself will not disappear. Will there be 
     organizations, movements, trained personnel in rural 
     communities, small towns and big cities who will be able 
     continue to pressure their governments and work to assist 
     individuals?
       Let us look again at Moldova. This small country with a 
     population of barely 4 million people is now receiving 
     between $USD 10M-12M over several years to combat trafficking 
     in persons. Here are some questions we need to think about, 
     not only for Moldova, but for all countries receiving large 
     amounts of external assistance.
       To what extent are these funds actually reaching trafficked 
     persons or developing grass roots capacity?
       To what extent are these funds being invested to ensure 
     sustainable anti-trafficking initiatives?
       To what extent is there coordination among donors to ensure 
     that there are no duplicated efforts?
        Who is around the table at these coordinating meetings? 
     Are the right partners present in order to make sure that 
     these efforts are able to continue into the future, long 
     after grant money has decreased?
        Are the faith communities involved? It is well known at 
     this time that faith communities have the capacity to reach 
     trafficked persons which are normally outside of the grasp of 
     other organizations; this comes from the fact that they are 
     closely linked to the communities and have the trust of the 
     local populations--including the trust of trafficked persons.


                            Recommendations

       1. Coordinate initiatives of major donors to ensure that 
     there will be no duplication of efforts, and that there will 
     be monitoring of grant activities.
       Make sure that grants provide for a broad representation of 
     local NGOs.
       Make sure that funded projects ensure provision of benefits 
     directly to individuals and to the empowerment of small local 
     NGOs. Many budgets give only token amounts to local 
     initiatives while having large budgets for travel and foreign 
     consultants. This is the time to develop the grass roots work 
     force.
       Develop existing capacity and cultivate potential/future 
     capacity. Are there sufficiently trained service 
     professionals? Do countries' economic development plans 
     foresee the training of new members of the work force taken 
     from returning trafficked persons?
       Develop a long-term perspective to finding long-term 
     solutions rather than only addressing immediate needs.
       Give priority to programs that work towards social 
     inclusion--the forgotten stepchild of the anti-trafficking 
     movement. Make reintegration a long-term policy.
       Members of the Human Rights Caucus, I will end where I 
     began, challenging us to consider that we could be part of 
     the greatest human rights movement of the past two hundred 
     years, with a legacy of freedom, redemption and hope that 
     will serve as a model for generations to come. Do we have the 
     courage, the discipline, and the wisdom to make it happen? 
     May it be so. Thank you.

                          ____________________