[Congressional Record Volume 161, Number 165 (Thursday, November 5, 2015)]
[Extensions of Remarks]
[Pages E1604-E1605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DEMANDING ACCOUNTABILITY: EVALUATING THE TRAFFICKING IN PERSONS REPORT

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Thursday, November 5, 2015

  Mr. SMITH of New Jersey. Mr. Speaker, yesterday I convened an 
oversight hearing on the 2015 Trafficking in Persons Report. Far more 
than simply ink on paper, this report has proven to be both prize and 
prod: a prize for those countries whose progress in the fight against 
the grave abuse of human trafficking the report acknowledges, a prod to 
those nations that are failing the trafficking victims within their 
borders.
   The power of the report lies in its credibility. And the credibility 
of the report lies in its accuracy. We must get the report right, or we 
will lose the most effective tool we have to help the more than 20 
million victims of trafficking enslaved around the world today.
   Some countries openly credit the TIP Report for their increased and 
effective anti-trafficking response. Over the last 14 years, more than 
100 countries have enacted anti-trafficking laws, and many countries 
have taken other steps required to significantly raise their tier 
rankings: Tier 1 for those who fully meet minimum standards, Tier 2 for 
those who are making significant efforts to meet minimum standards, and 
Tier 3 for those who are not making significant efforts to meet minimum 
standards and, indeed, may be subject to sanctions.
   And for those in a purgatory between Tier 2 and 3, Congress in 2003 
created a ``Tier 2 Watch List'' for those which may have undertaken 
significant anti-trafficking steps late in the evaluation year. 
Unfortunately, this ranking has been misused to allow countries to 
escape accountability.
   I held the hearing yesterday due to well-founded concern that some 
of the rankings in the most recent report are grossly inaccurate and 
greatly undermine the credibility of the report.
   Indeed, we have massive grade inflation for certain favored 
countries, thereby defeating accountability, and demoralizing countries 
that actually made significant progress last year.
   The State Department heard from many House members--161 to be 
exact--when it was leaked that Malaysia was upgraded this year from 
Tier 3 to the Tier 2 Watch List.
   The report justified the upgrade because Malaysia introduced--but 
did not pass--an amendment to their trafficking law, and allowed a 
limited number of their trafficking victims to work outside of 
detention, while keeping the rest of the victims in detention.
   These incomplete actions pale in comparison to the size of 
Malaysia's trafficking problems. Malaysia was the subject of a Reuters 
investigative report in 2014, which found that human traffickers were 
keeping hundreds of Rohingya refugees from Burma captive in houses in 
northern Malaysia, beating them, depriving them of food, and demanding 
a ransom from their families.
   At least two million vulnerable migrants work in the informal 
economy in Malaysia. NGOs on the ground tell us that traffickers 
operate openly and with impunity. And that those who get in their way 
are killed.

[[Page E1605]]

   Only three traffickers were convicted in Malaysia last year. Three-
in a country of more than 30 million people.
   If that ratio were not bad enough, it also marks the third year of 
decline in convictions. Three convictions is one-third of the 
convictions Malaysia had in 2013--when Malaysia was Tier 3--and one-
seventh of the convictions in 2012.
   Trafficking in Malaysia is getting worse and the Government's 
enforcement of the law was nearly non-existent, and yet Malaysia was 
upgraded.
   So what happened?
   What happened is that this Administration wanted Malaysia to be 
eligible to join the Trans-Pacific Partnership. This spring, Congress 
approved the Trade Priorities Act of 2015, excluding Tier 3 countries 
from expedited consideration by Congress, for the simple reason that 
Congress did not want to increase trade with countries that engage in 
persistent labor trafficking.
   Malaysia was disqualified--until their upgrade.
   More than ``bad optics,'' more than flouting the will of Congress, 
such circumventing of accountability is disastrous for the labor 
trafficking victims in Malaysia.
   Instead of demanding change before Malaysia became a major trading 
partner, the Administration changed our standards to give Malaysia a 
pass. In other words, we looked the other way to empower a slave 
economy.
   The Administration also upgraded Cuba this year to the Tier 2 Watch 
List on flimsy justifications--namely, that Cuba began sharing 
information with the U.S. on trafficking and that it convicted 13 
traffickers two years ago (which is outside the reporting period).
   But what has changed in Cuba for trafficking victims in the last 
year?
   Cuba legally permits the pimping of 16 year old girls, is the top 
destination in the Western Hemisphere for child sex tourism, and does 
not criminalize labor trafficking at all--indeed, Cuban health care 
personnel who are sent abroad by the Castro regime to generate income 
for the government report being forced to work in medical missions, 
having their passports withheld and their families threatened.
   The trafficking rankings should not be used in hopes of bringing 
about better bilateral relations with Cuba; rather, better relations 
with Cuba should be pre-conditioned on real protection for Cuba's 
prostituted children and recognition of labor trafficking.
   The bar also seemed to be lowered this year for Uzbekistan, which 
was upgraded to the Tier 2 Watch List despite the fact that 
Uzbekistan's Government openly and unapologetically forces its 
population into forced labor every year during the cotton harvest.
   In recent years, the government has shifted away from pulling young 
children out of school and allowed the International Labor Organization 
to monitor conditions. But instead of children they conscripted adults, 
continuing the systematic exploitation of its population.
   China's premature upgrade to Tier 2 Watch List in 2014 and continued 
presence there in the 2015 report also raises the question--How can a 
country that systematically traffics its own people be anything other 
than Tier 3?
   After one year on Tier 3 in 2013, China passed a law to allegedly 
close its 320 Re-education Through Labor (or RTL) detention centers, 
which forced prisoners and other detainees to perform manual labor and 
padded the pockets of the government.
   The State Department upgraded China because of the ``reform'' in 
2014. But now we know from the report itself that the government only 
closed ``several'' of the 320 forced labor sites, and converted other 
RTL facilities into state-sponsored drug detention or `custody and 
education' centers.
   In other words, China continues to force detained citizens to 
perform manual labor--and yet it got to keep the Tier upgrade it was 
given for allegedly ending this practice.
   Additionally, China's official birth limitation policy, in 
combination with a cultural preference for boys, has resulted in 
approximately 40 million women and girls missing from the population--
making China a regional magnet for sex and bride trafficking as men who 
reach marrying age cannot find a mate.
   Just ask the Burmese, Cambodian, Vietnamese, Laotian, and North 
Korean women imported to meet China's demand.
   To wit, an estimated 90 percent of North Korean women seeking asylum 
in China have been trafficked. Yet China refuses these women refugee 
status and sends them back to possible execution in North Korea.
   Nothing in China's record in 2014 warrants any ranking other than 
Tier 3.
   Consider this: China convicted 35 traffickers last year in a country 
of 1.3 billion people. That is one trafficker out of every 37 million 
people.
   I wrote the TVPA to allow flexibility and discernment in rewarding a 
country for making progress over their record from the year before. And 
for significant--not just any--efforts that go to prosecutions, 
protection, and prevention.
   Tier rankings are a tool to aid real change, not a rubber stamp for 
simply holding a meeting and being a major trading partner.
   The rankings in this 2015 report seem to be a real opportunity lost, 
not just for the countries we gave a pass to but other countries whose 
good faith efforts at reform were not acknowledged.
   No country will take U.S. trafficking rankings seriously when there 
seems to be a `wink and nod' agreement to look the other way when it 
suits U.S. business or other interests.
   Tellingly, Reuters reports that there was a lot of infighting at the 
State Department between the trafficking experts, and the bureaus. This 
year the two sides split on 17 countries in particular--and that J/TIP 
lost almost all of the conflicts.
   Real people are suffering. Real lives are at stake.

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