Ambassador
Ambassador's Speech
NATIONAL STATEMENT BY THE UNITED STATES OF AMERICA
OAS Second Meeting of the National Authorities on Trafficking in Persons
Buenos Aires, Argentina
March 25, 2009
Introduction
Mr. Chair, Mr. Secretary General, Colleagues and friends, on behalf of the U.S. Delegation I would like to thank the Governments of Argentina and Uruguay for convening this conference and the OAS Secretariat for helping to organize it.
Human trafficking is a modern-day form of slavery that is, unfortunately, all too common in our societies. Every day men, women, and children are enslaved in sweatshops and farms, are bought and sold into prostitution, or are exploited as domestic servants.
We are proud to partner with OAS member-states to fight trafficking in persons.
Over the last year, the U.S. government has worked very closely with government authorities and civil society throughout the hemisphere to fight those who generate and profit from human suffering.
Human trafficking is a crime that affects all countries, and all levels of society.. The United States is no exception. Yes, we are a destination country and we, like many around this table, are also grappling with an internal trafficking problem.
The Administration of President Obama is committed to continuing our support for aggressive anti-trafficking efforts, a policy initiated more than 12 years ago.
I will briefly highlight some of the United States government’s anti-trafficking efforts as well as share some of our challenges.
If you would like more detailed information, you can find it in the May 2008 United States Attorney General’s Report to Congress and Assessment of the U.S. Government Activities to Combat Trafficking in Persons) or talk with the U.S. government experts that are here for the conference.
US TIP Law
The United States is a State Party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention Against Transnational Organized Crime (“TIP Protocol”) and is in full compliance with the provisions of this protocol.
The legal framework in the United States is provided by the Trafficking Victims Protection Act of 2000 and its subsequent amendments in 2003, 2005 and 2008, which contains a range of tools to combat trafficking both domestically and internationally in the areas of prevention, protection and assistance for victims, and prosecution of traffickers.
This legislation created new crimes and enhanced penalties for existing crimes to include forced labor, trafficking with respect to peonage, slavery, involuntary servitude, sex trafficking of children, sex trafficking of adults by force, fraud or coercion, and unlawful conduct with respect to documents.
Additionally, the law criminalized attempts to engage in these behaviors, and provided for mandatory restitution to victims and forfeiture of trafficking proceeds.
Traffickers in the United States can receive up to life imprisonment.
Victim-centered approach
Victims discovered today in the United States are treated with care, allowing them to become survivors of this traumatic crime.
The very title of the U.S anti-trafficking law, the “Trafficking Victims Protection Act,” reflects a victim-centered approach.
Foreign victims are often lured into the United States illegally or legally -- under false pretenses. Once rescued, these victims can receive immigration relief.
First, federal law enforcement officials can seek “Continued Presence” for victims who may be potential witnesses in a trafficking case, which allows them to remain temporarily in the United States.
Over the last eight years, 1,125 victims received “Continued Presence.”
Second, foreign victims can apply for certain types of non-immigrant visas, such as the “T” non-immigrant visa, for themselves and immediate family members. This visa allows them to live and work legally in the United States for up to four years and assist federal authorities in the investigation and prosecution of traffickers. Just recently, the U.S. Department of Homeland Security published a regulation enabling these “T” visa holders to seek permanent legal residence in the United States.
Approximately 2,392 victims and immediate family members obtained a “T” nonimmigrant visa over the last eight years.
For those victims who wish to return to their country of origin, my government has assisted in their repatriation by working with foreign governments and NGOs to ensure that the victims return safely and are not re-trafficked.
The State Department provides funding to the International Organization for Migration to assist with the repatriation of victims who elect to return to their country of origin. This assistance includes reception at the port of entry and referral to assistance services in the victims’ home country. Since the inception of this program in 2005, IOM assisted 13 victims with their voluntary returns.
This program also assisted 266 family members from more than 40 countries with documentation and travel arrangements to join trafficking survivors who elected to remain in the United States under the provisions of our anti-trafficking law.
In addition to immigration relief, adult trafficking victims receive certification from the Department of Health and Human Services which grants them access to federally-funded benefits similar to those granted to refugees. Child trafficking victims receive Eligibility Letters providing them access to federally funded benefits to the same extent as refugee children, including foster care placement when appropriate.
Trafficked victims in the United States from over 80 countries have received these benefits.
U.S. Taskforces
Over the years, we have learned that a coordinated response among federal, state, and local authorities is the best way to fight human trafficking. The United States has national and state-level taskforces devoted to combating human trafficking.
At the national level, the U.S. Congress authorized the creation of the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons to coordinate federal government efforts. The Task Force is chaired by the Secretary of State and, under it, a Senior Policy Operating Group with approximately 10 federal agencies represented.
The Senior Policy Operating Group, also authorized by Congress, reports to the President’s Taskforce and addresses emerging interagency policy, programs, and planning issues.
At the state level, the Department of Justice has funded 42 task forces in 25 states. These task forces bring together federal, state, and local law enforcement authorities, other governmental agencies, and non-governmental victim service providers, to engage in a proactive, coordinated outreach effort to identify more victims and strengthen trafficking investigations and prosecutions.
Additionally, there are 28 other task forces that have been created to focus specifically on the rescue and restoration of child victims of prostitution.
Finally, the U.S. Department of Health and Human Services has spear-headed the development of coalitions in civil society to increase the identification of victims, raise public awareness about trafficking in their communities and beyond, and ensure that a local network of service providers are able to help victims who have been rescued.
U.S. Domestic and Foreign Assistance
Our deep commitment to combating human trafficking nationally and abroad is reflected in the substantial financial resources we have provided over the last eight years.
Since 2001, the U.S. Departments of State and Labor, and the U.S. Agency for International Development have provided collectively more than $604 million internationally to support the work of governments, and international and civil society organizations that are committed to ending human trafficking and restoring the human dignity of its victims. Nearly $2 million supported OAS anti-trafficking efforts.
In the last two years alone, approximately $32 million supported anti-trafficking projects in the Hemisphere.
Since we began tracking our own domestic funding in 2004, we have provided nearly $120 million to support efforts such as regional anti-trafficking taskforces and non-governmental victim service providers.
Closely linked to program funding is the development of performance measures. We recently joined efforts with IOM to develop a set of Performance Indicators to help practitioners assess the impact and effectiveness of anti-trafficking activities.
The result is this reference tool, which we hope will prove useful to you: the Handbook on Performance Indicators for Counter-Trafficking Projects ((HOLD UP EXAMPLE)). We’ve made arrangements with IOM to have one copy of the Handbook distributed to each delegation and participant of this conference.
U.S. Investigations and Prosecutions
No national effort to counter trafficking in persons would be effective without a commitment to enforcing the rule of law by vigorously prosecuting human traffickers to punish and deter their despicable crimes, and to prevent them from victimizing others.
The U.S. Department of Justice’s Civil Rights Division and U.S. Attorneys’ Offices are working hard to secure convictions of traffickers.
In 2008, the Civil Rights Division and U.S. Attorneys’ Offices convicted 77 traffickers and brought record numbers of sex and labor trafficking cases.
Challenges
While the U.S. has made progress over the last decade, there is much more that we can do to rescue victims effectively and combat human trafficking, to include:
Ensuring that U.S. citizen victims are vigorously identified, protected, and assisted. I mentioned earlier that the U.S. is faced with an internal trafficking problem.
This is particularly the case with our youth, particularly those who run away from home and are at risk of being picked up by a pimp and prostituted.
Advancing our inter-agency efforts to combat all forms of trafficking. Of the nearly 450 defendants charged with human trafficking offenses between 2001 and 2007, 25 percent were for purposes of labor exploitation. We believe that the incidences of labor trafficking cases are higher. Because cases of labor trafficking are more difficult to detect, especially in cases of domestic servitude, we remain committed to addressing this challenge.
Ensuring child victims of human trafficking (both foreign and U.S. citizens) are provided access to services and benefits regardless of their ability to assist law enforcement.
Developing educational materials on U.S. trafficking in persons for dissemination through education and community-based entities.
Expanding inter-agency cooperation of anti-trafficking efforts including international funding.
And, finally, increasing media campaigns targeted at different at-risk groups.
Conclusion
In conclusion, the United States government advocates a victim-centered and multidisciplinary approach to combating human trafficking.
Cooperation with civil society victim service providers play a critical role to helping restore victims’ dignity, human rights and lives. We all need to continue our efforts to vigorously combat all forms of trafficking that occur within and across national boundaries.
As democracies dedicated to the defense of human dignity, the United States is committed to working together with the member-states of the OAS to rescue trafficking victims, restore their dignity and bring traffickers to justice.
Mr. Chair, the United States welcomes these meetings where we can share with other members of the OAS our successes and, yes, our shortcomings.
We look forward to fruitful discussions over the next three days on how we can best address trafficking in persons, and how we can advance, together and collegially, to end this despicable crime in our Hemisphere.