House Committee on International Relations
Sub-Committee on International Terrorism, Non-Proliferation and Human Rights June 24, 2004
Mr. Chairman, Members of the Committee, I am honored to be here today and would like to thank you for holding this hearing on trafficking in persons, a most egregious form of modern slavery. My name is Michele Clark and I am the co-director of The Protection Project, a human rights research institute located at the Johns Hopkins University School of Advanced International Studies. For the past seven years, we have focused on documenting and analyzing the complex dimensions of human trafficking. We have worked with members of Congress and US government agencies as well as representatives of foreign governments and NGOs to develop sound policy and practice in the war against trafficking and to conduct training, in this country as well as overseas, on the provision of services to victims of trafficking, drafting anti-trafficking legislation and identifying victims of trafficking.
In the past year, Protection Project staff have traveled to over twenty-five countries on 5 different continents, and throughout the United States. On behalf of the many victims we have spoken with in places as diverse as the Amazon jungle region in Peru, the cabarets in Cyprus and prisons in the United Arab Emirates, I would like to thank you for your strong, on-going support of the Trafficking Victims Protection Act (TVPA). The Trafficking Victims Protection Reauthorization Act (TVPRA), signed into law on December 19, 2003, has proven to be an effective tool in the war against trafficking. This law provides not only for appropriations for the TVPA for 2004 and 2005, but also, through its amendments, enhances efforts to prevent trafficking, protect victims and prosecute traffickers. I would also like to take this opportunity to thank John Miller and the outstanding staff of the Office to Monitor and Combat Trafficking in Persons for their hard work, and for the excellent 2004 Trafficking in Persons Report issued on June 14, 2004. The report is thorough, well written and highly informative. By including short testimonies illustrating experiences of victims of trafficking as well as acknowledging the valiant work of heroes in this cause, we come away with not only a sense of the policy and programmatic activities being undertaken to combat trafficking; we are also able to glimpse the heartaches and the horrors, the triumphs and the victories, of those who suffer and those who labor on their behalf. Our common mission is about saving lives, and this report helps us to focus on what is needed to accomplish this goal. The War Against Trafficking Today My intent today is to present a bird's eye view of where we are in the war against trafficking, and to provide recommendations on areas that deserve our immediate attention. We have come a long way since October 2000, when Congress passed the Trafficking Victims Protection Act. Anti-trafficking laws have been passed in countries around the world - but still not enough countries have such laws. Of the 131 countries rated in the Trafficking In Persons report, only 68, or 51 percent, have legislation which addresses trafficking. Among those with anti-trafficking legislation, enforcement remains weak. Thirty-three countries, or 25 percent, have adopted national action plans to combat countries. However, these are infrequently implemented, owing to a lack of capacity, a lack of resources or a lack of political will. No Tier 3 country has a national action plan to combat trafficking in persons. Funding is being allocated by affluent countries, but many of these funds fail to find their way to small grass roots organizations which are often the most well-suited to provide protection to victims of trafficking once they have been identified through rescue, arrest, or escape. I would like to elaborate briefly on the Report, because this helps us to gain a quick overview of where countries stand in their fight against human trafficking today. - This year, a total of 140 countries were included in the report, and 131 were rated. In 2003, 116 countries were listed. This significant increase indicates that we are doing a better job identifying victims and documenting criminal activities.
- Of these 131 countries, 25 are on Tier 1; 54 countries are on Tier 2; 42 countries are on the new Tier 2 Watch list and 10 countries are listed on Tier 3.
- Ten countries, or 7.6 percent, received a higher rating, moving from Tier 3 to Tier 2 or Tier 2 Watch List. Only one country, Canada, rose to Tier 1.
- Thirty-seven countries, or 28 percent, received a lower rating. Four countries dropped from Tier 1 to Tier 2; 4 countries dropped from Tier 2 to Tier 3; and 29 dropped from Tier 2 to Tier 2 Watch List.
The most significant movement among countries was downward. The numbers cited above tell us that more intensive efforts are being made to document the scope of the problem of human trafficking around the world - in countries of destination, transit and origin. At the same time, improved documentation indicates shortcomings in the progress of many countries to make serious and concerted efforts to eliminate trafficking in persons. I would like to address three specific issues where significant gaps remain in advancing a comprehensive, global anti-trafficking agenda. These are 1) the need for aggressive enactment of anti-trafficking legislation and for improved law enforcement; 2) the need for continued research and concerted practical efforts to identify victims of trafficking; and 3) the need to provide greater protection to victims of trafficking, especially in areas of repatriation and reintegration, in countries of transit and destination and origin. 1. Laws and Law Enforcement Anti-Trafficking Legislation: The existence of good laws, and the enforcement of these laws, plays an important role in a country's ability to combat trafficking. Where there is a recognized legal framework that defines the crime, prevents different forms of trafficking, identifies and protects the victim, and punishes the perpetrators, and where this legislation is enforced, a country can begin to make progress. While we acknowledge that even small legislative measures are better than none, we would like to comment briefly on what constitutes effective anti-trafficking legislation. Effective anti-trafficking legislation should: - Define the concept of a victim of trafficking and treat the trafficked person as a victim and not a criminal.
- Recognize the trafficked person as a victim of the crime of trafficking and, as such, entitled to basic or fundamental rights including the right to safety, privacy, information, legal representation, to be heard in court, compensation for damages, medical assistance, social assistance and the right to residence and to return.
- Address the scope of what constitutes a form of trafficking.
- Recognize trafficking as a serious crime.
Law Enforcement Activities: Tier 1. The TIP report reflects that Tier 1 countries are actively pursuing the prosecution of traffickers, utilizing either their trafficking statutes or related legislation to arrest, investigate, file cases and convict traffickers, reflecting a commitment to enforcement of existing laws. However, some Tier 1 countries are still levying relatively light sentences for convicted traffickers. For example in Austria, while 17 out of 27 persons convicted for trafficking offences during the reporting period spent time in prison, the majority served only a year or less. Likewise in Germany, a large number of convicted offenders received suspended sentences, reflecting the fact that these sentences were originally not higher than two years in duration. In Lithuania, sentences handed down to convicted traffickers averaged between two to three years of imprisonment, and in Spain, the average sentence of trafficking-related convictions in 2003 was cited as 2.4 years. Tier 2. Significantly, a vast majority of countries in Tier 2 are also arresting, investigating or prosecuting traffickers. However, corruption is mentioned in 5 of the Tier 2 narratives as remaining a problem or being investigated as a problem. Law enforcement corruption is one of the biggest challenges in combating trafficking, as corrupt law enforcement officials, working in collusion with traffickers, or utilizing services of trafficked women prevent the effective identification of victims and preclude their ability to access services. Corruption among law enforcement creates fear and reluctance among victims of trafficking to approach the police for help, thereby perpetuating their state of abuse. Tier 2 Watch List. The prosecution record of countries on the Tier 2 Watch List demonstrates that existence of a law is not in and of itself enough to result in punishment of perpetrators and signals that law enforcement remains a problem in many of these countries. While close to 48% of the countries included this year on the Tier 2 Watch List have some type of anti-trafficking legislation, approximately half of these countries are cited as either not having prosecuted any cases of trafficking throughout the reporting period, as having prosecuted only a handful of traffickers while facing a significant problem of trafficking, suggesting a lack in the enforcement mechanisms of existing laws; or as not having maintained any records of prosecutions. For example, Nigeria, which passed a comprehensive anti-trafficking law in June of 2003, has not yet prosecuted any cases under this law. Cyprus, Russia and Turkey, all countries with very significant problems of trafficking in persons have not prosecuted nearly as many traffickers as would be expected commensurate with the extent of the trafficking problems they are facing. 2. Identification of Victims of Trafficking The lack of accurate victim identification remains one of the central obstacles to implementing effective anti-trafficking measures. If we do not know the identities, the conditions and the location of victims, we can do little to reach out to them to ensure that they benefit from existing protective measures. The following are key elements which highlight the importance of victim identification: - Proper victim identification ensures rapid intervention. How accurately law enforcement officials, social service providers, and even Good Samaritans identify a trafficked person will determine how quickly a victim of trafficking will receive assistance.
- The interpretation of trafficking legislation must be harmonized with existing legal provisions related to the issue of trafficking, and which might confuse victim identification.
A legally recognized practice can be used to exploit victims of trafficking.
I would like to cite the example of Cyprus, which authorizes entertainment visas to women of other countries. As of December 2003, according to latest immigration figures, it was estimated that 1,400 foreign "artistes" work in 79 cabarets and 53 nightspots. However, investigations have revealed that the cabaret industry can conceal instances of human trafficking. Women entering the country on legal entertainment visas to work in the cabarets are coerced into providing sexual services to clients and become become virtual prisoners of the club owners, their mobility severely limited, their contact with the outside world tightly monitored, and their gain from their activities very small. To law enforcement officials, however, they remain cabaret dancers or prostitutes and not victims of a crime. - Proper victim identification helps to ensure compassionate treatment and full access to available benefits. If a victim is not properly identified, she will not be granted any of the benefits, including shelter and protection that a country might provide. Women trafficked overseas from Azerbaijan who have been deported back to their home country and identified as prostitutes are taken to a state run clinic where they are examined and treated if they are diagnosed with a sexually transmitted disease. Because they are not identified as victims, they are not provided with any psychological counseling, nor are they referred to NGOs, which can provide this type of counseling. In countries without adequate anti-trafficking provisions, which include a definition of what constitutes trafficking, government and law enforcement officials tend to proceed according to a law-enforcement and crime control approach, rather than one which considers the human rights of victims of trafficking.
- Without aggressive outreach, many victims of trafficking, especially in countries of destination, remain hidden and without assistance. In December 2003, The Protection Project trained law enforcement officials in nine countries of Southeastern Europe, a region of both destination and transit for trafficked women. During this visit, NGO representatives reported that, while many shelters have been established to house women trafficked to this region few victims have availed themselves of the protective services of these shelters. Reasons cited for this focused on the lack of outreach to victims. Victims in these countries do not know about the shelters, do not feel that they provide adequate protection, and believe that they can do better for themselves on their own.
3. Protection of Victims of Trafficking The TVPA provides that "The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with appropriate non-governmental organizations, shall establish and carry out programs and initiatives in foreign countries to assist in the safe integration, reintegration or resettlement, as appropriate, of victims of trafficking." (Sec. 107(1)) However, victims of trafficking around the world are still not able to benefit from full protective measures in countries of destination, transit and, tragically, in their own countries of origin. The consequences of insufficient victim protection are vast and have extensive personal as well as policy implications. - Absent protective measures, victims of trafficking who have been rescued or released from their enslavement will not testify against their traffickers. Consequently traffickers go free, victims live in fear of reprisal, and the cause of justice is not served.
- Absent sufficient protective measures, victims of trafficking will not receive the medical or psychological attention they require.
- Absent comprehensive protective measures in their countries of origin, including shelters and reintegration programs, victims of trafficking will continue to be vulnerable to traffickers and will be recycled into international networks.
- Absent humane repatriation practices, trafficked persons will be revictimized during the process of return.
- Finally, absent centers which provide hope in their countries of origin, women in destination countries, faced with the possibilities of returning home as a criminal, branded as a prostitute, and confronting the same bleak economic opportunities that made them vulnerable to being trafficked in the first place, have committed, and tragically will continue to commit suicide. Countries of origin must be confronted with the responsibility of caring for their own citizens when these women return.
Repatriation procedures leave vast room for improvement in many countries. In one of the countries cited in the TIP report, trafficked women who are arrested during raids are summarily deported, left with no time to collect their personal possessions, contact associates, or seek legal assistance. Law enforcement officials do not interview them in order to determine to what extent they have been victims of trafficking. This process is an affront to the dignity of women who have already suffered extensive abuse and degradation. In other countries, women seeking repatriation assistance from their consular offices in countries of destination find that their new travel documents identify them as having been arrested for immigration violations, and having worked as a prostitute. These offenses stigmatize the victim and frequently contribute to her marginalization upon return to her country of origin.
Recommendations
Based on our analysis of available data and our first-hand experiences with anti-trafficking policies and practices around the world, we would like to make the following recommendations: - Enacting Anti-Trafficking Legislation: Anti-trafficking legislation which defines the crime, identifies and protects the victims, encourages the prevention of trafficking and prosecutes the offenders is a cornerstone in the war against trafficking. Countries, which have not yet enacted such legislation, must be encouraged to do so.
- Training of Law Enforcement Officials: In order to ensure the effectiveness of anti-trafficking legislation, we advocate training of law enforcement officials in countries of destination, transit and origin. This training should include understanding of the laws related to trafficking, how to recognize a victim of trafficking and the rights accorded to victims of trafficking.
- Enhancing Victim Identification Methods: Aggressive measures must be taken to identify victims of trafficking in countries of destination in order to provide them with information on where to seek assistance as well as the extent of their rights according to the laws of the countries where they have been trafficked. This information needs to be made available in languages of possible victims and placed in locations accessible to these individuals.
- Training in Victim Identification Methods: Law enforcement representatives, social service providers, and other individuals who are likely to encounter victims of trafficking must be trained on how to identify victims of trafficking in their country. This training should include a description of the forms of trafficking particular to the region. It should also include a definition of a victim of trafficking as well information on services for victims of trafficking. Training should also include cooperation between law enforcement and the NGO community, so that these two entities can work together on behalf of victims of trafficking. Furthermore, we advocate training in large urban areas as well as more rural communities. We have found that training tends to be concentrated in big cities despite the fact that significant trafficking activity also takes place outside of urban centers.
- Ensuring Adequate Victim Protection in Countries of Transit and Destination: Protection in countries of transit and destination should include shelters with adequate safety and protective measures as well as access to social, medical and psychological assistance.
- Ensuring Humane Repatriation Procedures: Careful repatriation and reintegration programs are critical in enabling victims of trafficking to regain control over their lives. In countries of origin, protective measures must include temporary shelters for returning victims, decriminalization, and measures to assist with social and economic reintegration. These will include access to job training as well as further educational opportunities for work that is actually available in the country of origin.
- Funding Foreign NGOs: Because of their strong community ties, we encourage the funding of small, local NGOs in countries of destination, transit and origin for provision of protective services including shelter, repatriation and reintegration. These organizations tend to be successful because they are known and trusted in their communities. They conduct extensive outreach to trafficked persons and they have few limitations related to the length of stay in their shelters. Because they are local, they understand the complex psychological as well as cultural factors involved in reintegration.
- Engaging in Research: Further research is necessary in order to successfully win the war against trafficking and we would like to encourage sponsorship of areas mentioned during this hearing. The TVPRA (Sec. 12A) states that "The President… shall carry out research included by providing grants to nongovernmental organizations as well as to relevant United States Government Agencies and international organizations…Such research activities shall, to the maximum extent practicable, include, but not be limited to, the following:
"(1) The economic causes and consequences of trafficking in persons.
"(2) The effectiveness of programs and initiatives funded or administered by Federal agencies to prevent trafficking in persons and to protect and assist victims of trafficking.
"(3) The interrelationship between trafficking in persons and global health risks.
Mr. Chairman, Members of the Committee, I thank you for your commitment to this issue and look forward to working with you in the future.
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