[Congressional Record (Bound Edition), Volume 152 (2006), Part 15]
[Extensions of Remarks]
[Pages 20259-20260]
[From the U.S. Government Publishing Office, www.gpo.gov]




          ENHANCING THE GLOBAL FIGHT TO END HUMAN TRAFFICKING

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                      Tuesday, September 26, 2006

  Mr. SMITH of New Jersey. Mr. Speaker, today I chaired a briefing and 
hearing of the House International Relations Committee to examine means 
to enhance the global fight to end human trafficking.
  When I held the first hearing on trafficking as chairman of the 
Subcommittee on International Operations and Human Rights back in 1999, 
only a handful of countries had laws explicitly prohibiting the 
practice of human trafficking. Individuals who engaged in this 
exploitation did so without fear of legal repercussions. Victims of 
trafficking were treated as criminals and illegal immigrants, and had 
no access to assistance to escape the slavery-like conditions in which 
they were trapped. Few seemed to even be aware that this modern form of 
slavery was taking place, and those who did failed to recognize it as a 
violation of fundamental human rights.
  However, the situation has changed markedly over the past 6 years. 
Significant credit for improvements must be attributed to the enactment 
of the trafficking Victims Protection Act of 2000, together with two 
reauthorizations of that Act in 2003 and 2005, all of which I 
sponsored. These three laws created a comprehensive framework for 
combating trafficking in persons abroad, as well as the trafficking of 
American girls and young women within the U.S. As a result of these 
three laws, our government has been a leader in addressing this serious 
human rights violation and encouraging other governments to do the 
same.
  Just this past weekend, I experienced the impact of this leadership 
during a trip to Iraq. Millions of people who lack job opportunities 
are misled by ads for well-paying jobs and leave their countries for 
what is presented to them to be the chance of a lifetime. Last year, 
the Chicago Tribune did a series of articles detailing a practice by 
employment brokers and subcontractors to bring laborers into Iraq 
through fraud or coercion. The seizure of the workers' passports and 
recruitment ``fees'' made it diffIcult for them to escape employment in 
a war zone. After the State Department trafficking report confirmed 
this practice, my Subcommittee held a hearing in which Colonel Robert 
Boyles testifIed that the military had issued an order that all 
contracts include a clause allowing termination without penalty, 
prohibits the use of unlicensed employment brokers, and ends the 
practice of confiscating worker passports.
  With the compliance inspections set to begin this month, one of the 
major objectives of my visit to Iraq was to ensure that the order on 
labor trafficking would be enforced. Major General Bruce Moore, the 
Chief of Staff for our military in Iraq, assured me that compliance was 
being checked on this. As of the time of our subcommittee hearing, 90 
percent of the contracts had been modified, and the military is 
ensuring that the other 10 percent will be modified and that 
implementation of the order will be complete.
  Also on my trip this weekend, I spoke with State Department officials 
about trafficking in Kuwait and Germany. According to reports earlier 
this year, more than 40 Indian youth had been stranded in Kuwait when 
their passports had been confiscated by unscrupulous job brokers and 
had been penalized by Kuwaiti police. State Department officials told 
me that they have launched an aggressive program entitled FALCON for 
Fostering Awareness of Labor Conditions to let foreign workers know 
their rights. In Germany, State Department officials described efforts 
to discourage patronage of brothels during the World Cup earlier this 
year in which women and girls

[[Page 20260]]

were coerced into prostitution. Efforts were especially concentrated on 
ensuring that the U.S. military did not patronize such establishments. 
Since the end of the World Cup, the U.S. has continued to work with the 
German government to ensure that coerced prostitution is ended to the 
extent possible and facilities are established to help prostitutes who 
want to escape that life.
  One of the key components of the 2000 Act is the requirement that the 
Secretary of State provide Congress with a list of those countries 
whose governments are not fully complying with minimum standards to 
eliminate trafficking and are not making significant efforts to do so. 
These countries, designated as ``Tier 3,'' may be subject to certain 
sanctions, including the withholding of non-humanitarian, non-trade-
related assistance. These sanctions can be waived if the government 
makes significant efforts to comply with the minimum standards, or 
pursuant to a determination by the President that the provision of 
assistance would promote the purposes of the statute or is otherwise in 
the national interest of the United States. The President is to submit 
a notification to Congress no later than 90 days from the submission of 
the annual report as to the determination made for each Tier 3 country. 
I have received numerous reports from our government representatives 
and non-governmental organizations as to how the implementation of this 
tier ranking and the consequent threat or imposition of sanctions have 
dramatically impacted the trafficking practices in the relevant 
countries.
  The determinations for 2006 were due on September 1st and it was the 
intention of the Committee to examine those determinations at the 
hearing. It was therefore deeply disappointing that the determinations 
still had not been provided by the President three weeks later. This 
raises grave concerns that were examined later in the hearing, 
including whether the Administration is giving due priority to its 
stated commitment to combat human trafficking. This delay past the 
legislative mandate sends the wrong message to these Tier 3 countries 
as to the urgency with which this serious human rights violation needs 
to be addressed. And in this instance, it was a missed opportunity to 
apply additional pressure on these countries through the attention that 
would have been focused on them at this important hearing.
  We did, however, have the opportunity to inquire about the 
implementation of the Department of Health and Human Services' 
assistance program as mandated by the 2000 Act. The purpose of such 
programs is to expand benefits and services to trafficking victims in 
the United States without regard to the victim's immigration status. 
Unfortunately, evidence of the need for such assistance within our own 
country is growing. Just this month, it was reported that a woman from 
my home state of New Jersey pled guilty to being part of a smuggling 
ring that brought in more than 20 young women and teenagers from 
Honduras to work in a bar. These women were virtually imprisoned in 
apartments, and are alleged to have been beaten, raped, and subjected 
to forced abortions.
  Such horrific stories make us all too aware that this modern form of 
slavery has silently infiltrated and poisoned the fabric not only of 
the U.S., but of virtually every society around the world. It is 
extremely important that this awareness be amplified, so that public 
outrage will further motivate those of us in government, shame those 
who are creating the demand for trafficking victims, and ultimately 
stop those responsible for perpetrating these human rights violations. 
We were privileged to have with us at the hearing a prominent public 
figure who is using his position on the world stage to publicize the 
reality and prevalence of human trafficking. Not only has Ricky Martin 
given his time and talent to promote the cause as a goodwill ambassador 
for the United Nations Children's Fund, but he has also established a 
foundation that is engaged in numerous activities on behalf of 
trafficking victims and children. As just one indication of his 
personal commitment to the most vulnerable among us, he visited the 
affected areas in Thailand following the 2004 tsunami. In April 2005, 
he entered into a partnership with Habitat for Humanity to construct 
over 220 homes to provide shelter and safety, particularly for those 
children orphaned by the disaster.
  All three of our witnesses provided the Committee with valuable 
information and perspectives with which we can indeed enhance our 
global fight to end human trafficking.

                          ____________________