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DCM Silverman Addresses Interior Ministry Conference on Trafficking in Persons 

Remarks to Ministry of Interior Conference on “Criminal Justice Response to Human Trafficking in the Slovak Republic”

Donovaly, Slovakia
November 26, 2007

Trafficking in persons is modern-day slavery.  Some 600-800,000 people – mostly women and children -- are forced, defrauded or coerced into crossing borders for the purpose of labor or sexual exploitation each year.

This is not just a moral issue; it is a practical one: Human trafficking spreads health risks globally and fuels the growth of organized crime.

You know that TIP has been an extremely high priority for US diplomacy in recent years, and I come here today to commend the Slovak government and  its NGO partners, and to urge you to keep up the momentum.  Unfortunately, the traffickers appear to have no intention or resting.

I want to be as practical as possible today, so I thought I would give you the U.S. perspective on the types of actions and initiatives we consider to have been the most successful so far in fighting TIP.  That includes our experience in the U.S. itself, where we continue to have problems in trafficking.  Some 14,500-17,500 people are trafficked across US borders each year.

Legislation does not in itself eliminate trafficking, but there must be a strong legislative foundation for the initiatives of the police and prosecutors.  That is why our Congress passed legislation so Americans who sexually prey on children abroad can be prosecuted and sentenced to as many as 30 years in prison. The Department of Health and Human Services (HHS) is certifying trafficking victims so they may qualify for the same assistance available to refugees. 

We are willing to „put our money where our mouth is.“  The State Department is working extensively with governments on action plans, and provided $74m in FY 06 to fund other countries‘ programs.  Since we began this focus on TIP oin 2001, the US has provided nearly $450m to other countries.  A list of where the money goes will show the most useful initiatives for fighting TIP and protecting victims: 

  • Rehabilitation and work training centers for victims;
  • Special shelters;
  • Law enforcement training and legal reform assistance;
  • Information and awareness campaigns;
  • Voluntary repatriation for displaced victims;
  • Training for immigration officials, medical personnel and social workers;
  • Combating sex tourism; and 
  • Rescuing victims from slavery

 

  • There is a critical need for increased rescues of trafficking victims and prosecutions of traffickers.
  • People freed from slavery must be treated as victims of crime, not criminals.
  • The demand for modern-day slaves must be stopped. Public information campaigns can help here, as well.

 

Victim Protection: Best practices in implementing this TVPA criterion include:

  • Governments should proactively identify victims of trafficking by establishing victim identification procedures to screen at-risk populations such as persons apprehended for violations of immigration laws, prostitution laws, and begging or labor laws. Victims of trafficking should not be expected to identify themselves; interviews in safe environments with trained counselors.
  • Once identified, a suspected victim of trafficking should be afforded temporary care as a victim of a serious crime. This could include shelter and counseling.
  • Victims should not be punished for crimes that result from being trafficked- not holding proper immigration documents or violation of prostitution, labor, or begging statutes. Victims should not be detained in criminal detention facilities.
  • Confirmed trafficking victims should be encouraged to cooperate with law enforcement authorities in the investigation of the crime committed against them. Furthermore, they should be encouraged to assist in the prosecution, if possible.
  • Trafficking victims unwilling or unable to cooperate in a trafficking prosecution can be returned to their community of origin, with preparations made in advance for the victim's safe return and reintegration. However, a victim should be offered legal alternatives if going home would entail hardship or retribution.

At core is the principle that victims of trafficking and slave-like practices must be protected from further trauma. A government should provide efficient access to justice for these victims, if they so chose, and access to shelter, medical care, legal aid, psycho-social counseling, and assistance in integrating back into their original community or into a new community.  To look at it from strictly the state’s point of view, a protected victim can make a better prosecutorial witness.  To be honest, this past year, the world witnessed a leveling off of prosecutions, not a growth as the level of crime would require. Worldwide, we must increased the level of prosecutions.

Coordination: In the US, 9 government agencies' have principal roles to combat Trafficking in Persons.  They participate in the Senior Policy Operating Group on Human Trafficking, which is chaired by the Director of the State Department's Office to Monitor and Combat Trafficking in Persons and reports to the President’s Interagency Trafficking Task Force. This working group coordinates implementation of the Trafficking Victims Protection Act and addresses emerging interagency policy, grants, and planning issues.

In the September 2006 Assessment, the the President’s Interagency Trafficking Task Force to Monitor and Combat Trafficking in Persons made four recommendations for improving its efforts to combat TIP. One of them was on need  for improved coordination of services for victims, but it applies to all sections, as well as our relationships with NGOs. This includes increased efforts to find victims, track the support they receive from USG and USG grantees, and coordinate efforts to provide services to the victims.

In Slovakia, most of the agencies and NGOs are represented here, at this roundtable and participate in the work of the expert group.  But also here, coordination is the key.

Success stories: Other three members of V-4, along with Slovenia, are Tier 1.  Slovenia and Hungary just entered this year for first time.  We would like Slovakia to join this list.

CZ: Created new elite forced labor unit within police and funded a demand reduction campaign in parts of the country and in source country Ukraine, through funding of two NGOs.  New resources to investigate sophisticated criminal networks involved in forced labor. To strengthen intra-governmental cooperation in forced labor investigations, the unit coordinates with labor inspectors who enforce labor laws pertaining to working conditions.  Major increase in prosecutions.

Poland: New central anti-trafficking unit in police broke up several large-scale trafficking rings.  Provided quality assistance to victims, increasing funding to victim support, early referrals to victim assistance programs, funded NGO workshops at orphanages and childcare centers to raise awareness.

Hungary: Improved victim assistance and protection efforts, multiple new investigations started, but sentences remain very lenient by international standards.

Slovenia: Significant increase in law enforcement and victim assistance efforts.  Sufficient funding for NGOs to establish shelters and administer rehabilitation programs for victims.

Best way I know to learn is to look at others who have been successful.  What Characterizes the Most Successful Anti-TIP Programs in Tier 1 Countries?

Strong awareness projects: Austrian government sponsored an awareness project in source country Bulgaria targeting young women and girls at risk of being trafficked. Effective border monitoring for potential victims.

Regular enforcement crackdowns: Italy October 2006 to January 2007, government conducted a large-scale anti-trafficking crackdown that led to the arrests of 784 suspected traffickers and the opening of investigations of 1,311 persons. 

Funding of legal services: Italian government financed 77 NGO projects to provide legal services, health care, and counseling to 7,300 women trafficking victims, literacy courses for 340 victims, vocational training for 430 victims, and employment assistance to 1189 victims. Issued temporary residence visas to almost 1000 victims in 2006.

Dutch Government significantly increased efforts to protect victims. Local governments funded private organizations and NGOs providing services to trafficking victims.  The government subsidizes or funds NGOs to operate 15 regional and local networks through which civil society and the police provide care for victims. Early this year, government implemented new regulations to facilitate permanent residence for victims who assist with prosecutions. Strong awareness-raising efforts. Education campaigns at schools.

One thing being done in Netherlands – I do not know if you have an obligation to do it here – is an annual report to parliament on the extent of trafficking and steps to reduce it.  Such a report could be a useful means to increase government and public support for anti-TIP measures, and adequate funding for the resources you need.

I wish you success in the remainder of this conference and more importantly, in your important struggle to help eliminate human trafficking.  Thank you.