The Protection Project - A Case of Human Tragedy

A Case of Human Tragedy

Mohamed Y. Mattar

Adjunct Professor of Law and

Executive Director

The Protection Project of The Johns Hopkins University School of Advanced International Studies (SAIS)

Congressional Screening of Human Trafficking

The United States Congress

February 14, 2006

Washington, D.C.

This is really a case of human tragedy and human misery.

Young girls deceived into sexual slavery.
Children sold into the sex tourism industry.
Public officials being paid to turn the other way.
Women being subjected to the worst kind of violence and inhuman treatment, including kidnapping, abduction, force and threats of force.
Women being infected with HIV/AIDS.
Economic hardship, poverty, underdevelopment, and lack of equal opportunity contributing to their vulnerability.

So, trafficking in women and children is not only a violation of basic human rights, but mainly a global threat to human security.

And therefore, when we think about the appropriate response to trafficking in persons, we should not only think about a crime against the state but about the people that are affected by such a crime.

II.

And there have been a number of recent developments in the anti-trafficking movement in the last 5 years:

The last time I checked the status of ratification of the United Nations Protocol on trafficking, which was this morning, 97 countries have already ratified the UN Protocol.

I would like to congratulate the United States who did so on November 3 rd, 2005.

And the last 2 countries that ratified the UN Protocol are Cameroon on February 6 th, 2006 and the United Kingdom on February 9 th, 2006.

And if you take a look at the global anti-trafficking legal map, it also has significantly changed.

Now we have at least 100 countries that have adopted new laws or draft laws during the last 5 years making trafficking in persons a crime and providing for various measures to protect victims of trafficking.

Last November, I testified before the Mexican Senate making an argument for the passage of a specific anti-trafficking law and the good news is that the law has already passed in the Senate, and currently it is being considered by the House.

And I understand that the Iraqi war is not popular everywhere, but I am proud of Article 35 of the Iraqi Constitution, which is the first Arab constitution to explicitly prohibit trafficking in person, especially the sex trade.

III.

But more importantly, we need to do something about demand.

As we all heard, “if our culture did not create demand for it.” “If our culture did not create demand for it” we would not be talking about enslavement and servitude.

And that is why I would like to applaud the United States Congress, which for the first time under the Trafficking Victims Protection Reauthorization Act of 2005 calls for enhancing state and local efforts

to “investigate and prosecute persons who engage in the purchase of commercial sex acts” and

to “educate persons charged with, or convicted of, purchasing or attempting to purchase commercial sex acts.”

Congress has also just passed the International Marriage Broker Regulations Act as part of the Violence against Women Reauthorization Act of 2005 imposing an obligation on matchmaking organizations to inform and educate foreign women before they commit themselves to marriage in the United States.

Under the PROTECT Act, the Department of Justice is going after Americans who are traveling to countries like Cambodia, the Philippines, Thailand, Kenya, Costa Rica, Mexico, Austria and Canada to have sex with children. We at The Protection Project are conducting fact-finding missions in these countries to find out how significant sex tourism is.

I would also like to applaud the Council of Europe which for the first time under the European Convention of 2005 calls upon European countries to consider criminalizing use of services provided by victims of trafficking, and making the client liable if he has knowledge that the person providing the service is a victim of trafficking.

And I like Article 418 of the Criminal Code of Macedonia very much because it goes after the client. On November 1, 2005 I received the following letter from the Ambassador of Macedonia to the United States:

“Dear Mr. Mattar:

In regards to you request for information on the application of Article 418 of the criminal code of Macedonia. I can provide you the following statistical data:

In year 2002: 12 persons indicted; 1 person charged; no person convicted;
In year 2003: 19 persons indicted; 5 persons charged; 5 persons convicted;
In year 2004: 45 persons indicted; 9 persons charged; 9 persons convicted;

Should you have any questions I will be glad to be of your assistance.”

IV.

But if we want to measure our success, there is only one standard that we have to meet.

And that is how many victims of trafficking are we rescuing, rehabilitating, and reintegrating into society.

Unfortunately, we do not know for sure how many victims are being trafficked, whether into the United States or globally.

Unfortunately, we are having a hard time finding the victims and identifying them so we can try to help them.

Unfortunately, in many countries, when we find them, we still treat them as criminals, penalize them and deport them.

Unfortunately, we do not know how big the trafficking business, or the sex trade or the sex tourism industry is.

So we have difficult challenges ahead of us:

This requires the cooperation of countries of destination, countries of transit and countries of origin;

Countries should allow non-governmental organizations and other members of civil society to function without fear or intimidation;

And we need to prosecute more cases of trafficking and put the bad guys behind bars.

Let me conclude by extending my special thanks to Congress for organizing this important event, and to the representatives of the various embassies to the United States who we are counting on in combating this horrible crime against humanity.