[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[Extensions of Remarks]
[Pages 29409-29410]
[From the U.S. Government Publishing Office, www.gpo.gov]




  ACCOUNTABILITY OF THOSE SERVING ON INTERNATIONAL FORCES AND MISSIONS

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Friday, December 16, 2005

  Mr. SMITH of New Jersey. Mr. Speaker, as Co-Chairman of the Helsinki 
Commission, I want to inform colleagues of an important breakthrough in 
combating human trafficking achieved at the recently concluded 
Ministerial Council meeting of the Organization for Security and 
Cooperation in Europe (OSCE). There have been growing concerns in 
recent years that some individuals serving as peacekeeping forces, or 
civilian contractors involved in international operations and other 
personnel serving with international organizations have helped fuel the 
demand side of the human trafficking cycle, particularly for sexual 
exploitation. These concerns stem in part from shocking revelations of 
complicity by elements in these operations with trafficking networks 
profiteering from this contemporary form of slavery.
  Serving in my capacity as Special Representative on Combating Human 
Trafficking for the OSCE Parliamentary Assembly, I have pressed for 
adoption of a zero-tolerance policy regarding trafficking in human 
beings by personnel involved in peacekeeping missions, along with 
related education and training.
  Overcoming pushback from various quarters, I am pleased to report 
that agreement was reached earlier this month among the 55 OSCE 
countries meeting in Slovenia, including numerous countries actively 
involved in peacekeeping missions around the globe, to ensure the 
highest standards of conduct and accountability of persons serving on 
peacekeeping forces and other international missions. Importantly, the 
OSCE countries have pledged to step up efforts to prevent military and 
civilian personnel deployed abroad from engaging in trafficking in 
human beings or exploiting victims of trafficking. Countries with 
deployed military and civilian personnel have also agreed to work 
cooperatively with authorities in countries hosting such missions, in 
efforts to combat trafficking in human beings.
  While many of the cases involve sexual exploitation and abuse, the 
OSCE countries also recognized that cases involving forced labor also 
need to be aggressively pursued and have committed to enforce relevant 
standards of conduct and to ensure that any such cases are properly 
investigated and appropriately punished.
  Mr. Speaker, if we are to be successful in combating human 
trafficking, we must be proactive at home and abroad. The OSCE has 
proven to be an important forum for building consensus and cooperation 
on anti-trafficking measures throughout the expansive OSCE region. 
Developing this consensus has required both tact and tenacity. In this 
regard, I want to recognize the tireless efforts of Janice Helwig and 
Maureen Walsh, two outstanding professionals on the Helsinki Commission 
staff. Having secured this important agreement at the OSCE, the 
Commission will continue to remain fully engaged in monitoring its 
implementation.
  Mr. Speaker. I submit for the Record a copy of the Ministerial 
Decision, agreed to by the 55 OSCE participating States.

   Decision No. 16/05 Ensuring the Highest Standards of Conduct and 
 accountability of Persons Serving on International Forces and Missions

       The Ministerial Council:
       Reaffirming the OSCE commitments to combat trafficking in 
     human beings, in particular 2000 Vienna Ministerial Council 
     Decision No. 1, 2002 Porto Ministerial Declaration and 
     Maastricht Ministerial Decision No. 2/03 and the OSCE Action 
     Plan to Combat Trafficking in Human Beings, as well as its 
     addendum ``Addressing the Special Needs of Child Victims of 
     Trafficking for Protection and Assistance'',
       Recalling the United Nations Protocol to Prevent, Suppress 
     and Punish Trafficking in Persons, Especially Women and 
     Children, Supplementing the United Nations Convention Against 
     Transnational Organized Crime, and its comprehensive 
     definition of trafficking in persons,
       Reiterating that trafficking in human beings, a 
     contemporary form of slavery, seriously undermines the 
     enjoyment of human rights and fundamental freedoms,
       Concerned that military and civilian personnel serving on 
     international peacekeeping forces or other international 
     missions, including contractors, as well as field presences 
     of international organizations including the OSCE could be a 
     contributing factor to the demand side of the trafficking 
     cycle,
       Welcoming the efforts of the United Nations as well as 
     other international organizations to develop and enforce 
     ``zero-tolerance'' policies to prevent trafficking in human 
     beings by both forces and other staff, which, combined with 
     education and training, are required,
       Recalling the ongoing activities in all relevant 
     international organizations aimed at the development of 
     common standards and best practices to prevent and combat 
     trafficking in human beings,
       Concerned about reports of misconduct by military and 
     civilian personnel serving on international peacekeeping 
     forces or other international missions, including reports of 
     engaging in trafficking in human beings as defined in the 
     United Nations Protocol to Prevent, Suppress and Punish 
     Trafficking in Persons, Especially Women and Children, 
     strongly condemning such acts, and noting that they have a 
     detrimental effect on the fulfillment of mission mandates,
       Concerned also about reports of misconduct by military and 
     civilian personnel serving on international peacekeeping 
     forces or other international missions including reports of 
     sexually exploiting and abusing local and refugee 
     populations, as well as reports of cases of forced labour, 
     strongly condemning such acts, and noting that they have a 
     detrimental effect on the fulfillment of mission mandates,
       Emphasizing the need for more information and awareness-
     raising concerning these issues among personnel serving on 
     international missions,
       Taking note of efforts by the United Nations aimed at 
     ensuring that personnel serving on peacekeeping forces or 
     other international missions are held to the highest standard 
     of conduct and accountability,
       1. Calls on participating States to improve, where 
     necessary, measures to prevent military and civilian 
     personnel deployed abroad to peacekeeping forces or other 
     international missions, as well as OSCE officials, from 
     engaging in trafficking in human beings or exploiting victims 
     of trafficking. In this regard, the participating States will 
     seek to ensure that their national laws, regulations, and 
     other relevant documents can be enforced with respect to 
     their nationals who are serving on peacekeeping forces or 
     other international missions, with a view to ensuring the 
     highest standards of conduct and accountability;
       2. Calls on participating States with deployed military and 
     civilian personnel to assist, within their competence and 
     respective mandates, responsible authorities in the host 
     country in their efforts to combat trafficking in human 
     beings. Each participating State will take into account 
     policies and consequences regarding trafficking in human 
     beings when instructing its military and civilian personnel 
     to be deployed abroad;
       3. Calls on participating States to take appropriate action 
     necessary to prevent sexual exploitation and abuse, as well 
     as cases of forced labour, by military and civilian personne1 
     deployed by them who are serving on peacekeeping forces or 
     other international missions, to enforce relevant standards 
     of conduct in this regard, and to ensure that any such cases 
     are properly investigated and appropriately punished;
       4. Reaffirms the importance of implementing the Code of 
     Conduct for OSCE Officials and Staff Instruction 11 
     addressing trafficking in human beings and instructs the 
     Secretary General, drawing on the expertise of the OSCE 
     Special Representative on Combating Trafficking in Human 
     Beings and the Anti-Trafficking Assistance Unit, to update 
     these documents to make them in line with this decision, and 
     to circulate them to the participating States for comments 
     and discussion prior to issuance;
       5. Invites the governments of the OSCE Partners for Co-
     operation also to commit to the same, principles as are set 
     forth in this decision and to that end tasks the OSCE Special 
     Representative on Combating Trafficking in Human Beings and 
     the OSCE Secretary General to share relevant information and 
     materials with the OSCE Partners for Co-operation;
       6. Tasks the OSCE Special Representative on Combating 
     Trafficking in Human Beings to share with relevant 
     international organizations OSCE training materials and other 
     information that could assist in combating trafficking in 
     human beings;
       7. Tasks the OSCE Secretary General to report annually to 
     the Permanent Council on the implementation of this decision 
     in regard to the Code of Conduct for OSCE Officials and Staff 
     Instruction 11, in accordance with provision III 11.1 of the 
     OSCE Action Plan to Combat Trafficking in Human Beings.

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