Friday, October 28, 2011

The Trafficking in Persons Report 2011: Truth, Trends, and Tier Rankings

Luis CdeBaca
Ambassador-at-Large, Office To Monitor and Combat Trafficking in Persons
Statement Before the Subcommittee on Africa, Global Health, and Human Rights of the House Foreign Affairs Committee
Washington, DC
October 27, 2011

Thank you Mr. Chairman, Congressman Payne, and all the members of this committee for the opportunity to testify today. As Congress continues to deliberate this year’s reauthorization of the Trafficking Victims Protection Act, hearings such as this one are helpful opportunities to discuss the global fight against human trafficking, and in particular one of our government’s most important tools in moving that fight forward, the annual Trafficking in Persons Report.
The TIP Report assesses government action around the world against trafficking in persons—that is, all of the activities involved in reducing someone to, or holding them in, a condition of compelled service. The core of this Report is the set of Congressionally-established minimum standards set forth in the TVPA. These standards reflect the definitions and framework to combat trafficking in persons outlined in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, known also as the Palermo Protocol.
Following Congress’s mandate, the Department of State ranks governments around the world according to these standards and determines a tier ranking based on a government’s progress in meeting those standards. The Reportcomprises those rankings as well as individual country narratives that further explain both the TIP situation on the ground and governmental efforts according to the criteria laid out by Congress. The methodology is sound and transparent—the facts are applied to the law. Any country, whether in Asia or elsewhere, that wants to test this methodology need only assess their efforts against these minimum standards.
Thorough and honest assessments are the benchmark of the TIP Report. Our narratives take into account information from civil society groups, foreign governments, and our own State Department reporting officers who conduct on-the-ground research throughout the year. The review process involves numerous DOS offices so that the final product represents a Department-wide consensus on how well various governments are handling this problem. Beginning last year, a United States country ranking was also included in the Report, because, as Secretary Clinton has said, we should hold ourselves to the same standards as we hold everyone else. Accurate reporting is essential to the effectiveness of the TIP Report as a diplomatic tool, and indeed governments repeatedly cite it as a factor prompting stronger action in response to modern slavery. Sometimes that happens in public—more often in private. And sometimes a government that criticizes the Report and even perhaps mobilizes others against it quietly takes steps to work with us to begin meeting these standards.
What the Report tells us is that no country is immune to this scourge, and that no government is doing a perfect job combating it. The two regions we are addressing today—East Asia and the Pacific, and South and Central Asia—are hit particularly hard by this crime. I’m pleased to be joined today by Assistant Secretary Robert Blake, who leads the Department’s South and Central Asian Affairs Bureau, and Joseph Yun, Deputy Assistant Secretary in the Bureau of East Asian and Pacific Affairs. We always say the fight against modern slavery takes political will, and Bob Blake and EAP Assistant Secretary Kurt Campbell are showing that both individually and within their chains of command. My colleagues will discuss in greater detail the progress in these areas and what governments are doing about it, but I’d like to highlight a few of the problems in trends that were discussed in the 2011 TIP Report and continue to be areas of concern.
  • Sex trafficking of women and children has not abated and may in fact be increasing in places such as India. Additionally, our findings continue to show that it is local populations, more than Western “sex tourists,” that fuel the demand for sex trafficking, and law enforcement needs to address both sectors for prevention to be truly successful. Widening gender gaps in China and India are fueling the demand for young girls as forced brides or for commercial sexual exploitation.
  • We know that around the world, forced labor is highly prevalent among migrant populations, and that Asia has the world’s largest share of labor migration. Migrants from both the East Asia and Pacific and South and Central Asia regions are subjected to forced labor in recognized destination countries such as Malaysia, Singapore, and the Persian Gulf. More troubling still, much of this abuse takes place under the guise of legal, contractual and temporary work.
  • In recent months, concerns over forced labor on fishing fleets have garnered increased attention. Our own research suggests that this is a problem with massive geographic scope, spanning fisheries from Indonesia to New Zealand. And Asian boats are ranging from the Cape of Good Hope to Central America.
  • The enslavement of domestic workers from South and East Asia is a significant problem, whether Sri Lankans abused in the Gulf or Indonesians exploited in Malaysia. The International Labor Organization’s (ILO) new Convention on Domestic Workers aims at addressing the unique vulnerabilities of this group; we hope that the increased attention on this challenge will lead to governments addressing the needs for justice and services for these victims.
  • Definitional confusion among governments in the EAP and SCA regions continues to lead to the conflation of people smuggling and human trafficking. This lack of clarity hinders efforts to find and help victims. When it comes to trafficking, we continue to urge destination governments to shift their focus away from the legality of a migrant. As we know, modern slavery need not involve movement or cross borders.
  • Additionally, we continue to push governments to acknowledge that human trafficking is a crime that can involve sex and labor. For instance, the definition of trafficking in the 2005 South Asia Association for Regional Cooperation (SAARC) Convention is not consistent with how the term is defined and addressed in many other prominent international instruments on trafficking in persons from groups such as the Council of Europe and the Organization of American States, and with the primary international treaty on trafficking, the Palermo Protocol. The Convention continues to focus on the concept of trafficking as the movement of women and children for prostitution and fails to address the trafficking of adults or forced labor. We hope that as the region’s leaders gather for the SAARC Summit in Male in November, they will work toward bringing the region’s conceptual notion of trafficking into conformity with the UN and other regional frameworks.
  • We continue to advocate for comprehensive victim care, rather than the “Detain and Deport” model that we too often see in these regions. Protection should not mean inappropriate confinement for victims preparatory to deportation. Indeed, they need to be empowered through the opportunity for economic self-sustainability as well as aftercare and alternatives to deportation.
  • We encourage governments of sending and receiving states to explicitly address modern slavery in labor-related memoranda of understanding (MOUs) and to enforce those provisions in an open and transparent manner.
My staff and I, collaborating closely with regional bureaus, will continue to engage governments in these regions in order to bring these issues to their attention, and we will urge them to take positive action in advance of next year’s TIP Report.


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