[Congressional Record (Bound Edition), Volume 157 (2011), Part 13]
[Extensions of Remarks]
[Pages 18166-18167]
[From the U.S. Government Publishing Office, www.gpo.gov]




    THE TRAFFICKING IN PERSONS REPORT 2011: TRUTH, TRENDS, AND TIER 
                                RANKINGS

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Tuesday, November 22, 2011

  Mr. SMITH of New Jersey. Mr. Speaker, on October 27 of this year, I 
held a hearing to examine the State Department's 2011 Trafficking in 
Persons Report. This annual report to Congress was first mandated by 
legislation that I sponsored, the Trafficking Victims Protection Act of 
2000, known as the TVPA.
  In 1998, when I first introduced the TVPA, the legislation was met 
with a wall of skepticism and opposition. People both inside of 
government and out thought the issue of human trafficking was merely a 
solution in search of a problem. For most people at that time, the term 
trafficking applied almost exclusively to illicit drugs or weapons. 
Reports of vulnerable persons--especially women and children--being 
reduced to commodities for sale were often met with surprise, 
incredulity or indifference.
  One major objection to the bill, especially from the Clinton 
administration, was the naming and ranking of countries based on 
compliance with the establishment of common-sense minimum standards--
clearly articulated prevention, protection, and prosecution 
benchmarks--enforced by sanctions and penalties against egregious 
violators.
  Fortunately, reality won out over ignorance. Although it took two 
years to overcome opponents and muster the votes for passage, the TVPA 
was finally signed into law with strong bipartisan support. This 
support from both sides of the aisles has continued through subsequent 
reauthorizations, and has been essential to the ongoing successes by 
the United States Government in combating modern day slavery both at 
home and abroad.
  However, the battle is far from over. According to the State 
Department's Office to Monitor and Combat Human Trafficking--created by 
the TPVA--more than 12 million people worldwide are trafficking 
victims. Other estimates put the number of victims as high as 27 
million. Today we know that human trafficking is the third most 
lucrative criminal activity in the world. According to the 
International Labor Organization, ILO, human traffickers make profits 
in excess of $31 billion a year.
  At the hearing, we were fortunate to receive testimony from three 
State Department witnesses to examine both the substance and the 
diplomatic activity that is behind the Trafficking in Persons Report. 
The Report, which is written by the Trafficking in Persons Office 
currently headed by Ambassador Luis CdeBaca, summarizes the rankings 
and performance of each country and provides detailed recommendations 
as to how each country can improve its efforts. But more than a source 
of comprehensive, concise knowledge about the fight against human 
trafficking around the world, the TIP Report has been an incredibly 
effective diplomatic tool.
  The Report has been a catalyst for improvement--often dramatic 
improvements--in the efforts of governments to address human 
trafficking within their borders and regions. With a combination of 
encouragement, persuasion, and sustained pressure via sanctions imposed 
by the United States, countries around the world have created or 
amended over 120 laws to combat human trafficking, and, in the past 
three years alone, an estimated 113,000 victims have been identified 
and assisted worldwide.
  Individuals within each country can use the Report to assess their 
government's commitment and to lobby their government to take specific 
measures. The G/TIP Office also coordinates technical assistance and 
aid for many of the countries wishing to improve their anti-trafficking 
response.
  The result has been a worldwide anti-trafficking surge, largely 
dependent on the credibility, accuracy, and faithful implementation of 
the Report, including the Tier framework.
  We turned our attention to ensuring that the Report retains these 
essential attributes and to assess whether it is fulfilling its 
purpose.
  In 2003, Congress added a special watch list to the Tier rankings to 
allow countries an opportunity to address serious shortcomings in their 
anti-trafficking efforts before being placed in Tier III and subject to 
sanctions. When it became apparent that this Tier II Watch List was 
becoming a permanent parking spot for

[[Page 18167]]

some countries, Congress added a requirement to the 2008 
reauthorization that the President either downgrade or upgrade any 
country that had been on the Tier II Watch List for two consecutive 
years. Obviously, the direction in which the country is moved is to be 
based on whether requisite measures were taken to meet the minimum 
standards.
  The President can waive the requirement to move a country off of the 
Tier II Watch List for up to two years if the country has a plan to 
bring itself into compliance with the minimum standards and designates 
sufficient resources to carry it out. But this waiver should only be 
applied in the most extreme cases as countries have had since 2009 to 
undertake this effort.
  Consequently, it is with concern that I note the President has 
determined 12 countries need yet another year on the Tier II Watch 
List.
  Some of these countries--China and Russia--have been on the Watch 
List for 7 and 8 years, respectively. Uzbekistan has been on the list 
for four years. I look forward to discussing with our witnesses today 
exactly why the Administration is convinced these countries need yet 
another year to get their acts together.
  The Report shows that, of the 23 countries on Tier III, the full 
sanctions envisioned by the TVPA will be applied to only three 
countries--Eritrea, Madagascar, and North Korea. Partial sanctions will 
be imposed on seven countries, and thirteen countries will have no 
trafficking sanctions imposed whatsoever.
  Some may argue that being on Tier III is punishment enough, but 
Congress envisioned tangible repercussion for countries on Tier III. 
Those who work on the front lines of human trafficking know all too 
well that a law is useless unless faithfully implemented.

                          ____________________