Thursday, June 5, 2014
HONOLULU: 4 Hawaii farms settle Thai workers suit for $2.4M - Business Breaking News - MiamiHerald.com
HONOLULU -- Four Hawaii farms are settling a discrimination lawsuit for a total of $2.4 million over allegations that they exploited hundreds of Thai workers.
The U.S. Equal Employment Opportunity Commission filed a federal lawsuit in 2011 against California-based labor contractor Global Horizons and six Hawaii farms, with allegations including subjecting workers to discrimination, uninhabitable housing, insufficient food, inadequate wages and deportation threats.
Read story here:
http://www.miamiherald.com/2014/06/03/4155840/4-hawaii-farms-settle-thai-workers.html
Tuesday, November 19, 2013
Feds settle worker abuse lawsuit against Del Monte - KansasCity.com
HONOLULU — Del Monte Fresh Produce Inc. will pay $1.2 million to settle a federal discrimination lawsuit claiming Thai workers on Hawaii farms were subjected to uninhabitable housing, insufficient food, low wages and deportation threats, a federal agency said Monday.
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http://www.kansascity.com/2013/11/18/4631938/eeoc-settles-hawaii-suit-with.html
Read more here: http://www.kansascity.com/2013/11/18/4631938/eeoc-settles-hawaii-suit-with.html#storylink=cpy
Monday, May 2, 2011
Workers brought into US and 'exploited' - Americas - Al Jazeera English
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The US Equal Employment Opportunity Commission said on Wednesday that the workers were forced to live in substandard housing and were exploited with fees that meant that for some their net earnings were almost zero.
The EEOC termed the treatment of the workers as amounting to human trafficking, even though they had been brought into the country on work visas.
"Foreign workers should be treated as equals when working in the United States, not as second-class citizens," said Olophius Perry, the EEOC's Los Angeles district director.
Last year, Mordechai Orian, the head of the labour firm that had recruited the Thai farm labourers, was arrested and charged in a federal court with forced labour conspiracy.
In lawsuits filed on Tuesday, the EEOC said that Global Horizons Inc, Orian's Beverly Hills-based company, had recruited the labourers to work on six farms in Hawaii and two in Washington state between 2003 and 2007.
The workers earned between $8.50-9.50 an hour to harvest crops, but many were forced to pay recruitment fees of between $12,000 and $25,000, EEOC officials said.
They also said that the workers had to take high interest loans and were charged for lodging and food.
Michael Green, Orian's Hawaii-based attorney, has disputed the claims, however.
"The conditions were fine and Orian would never allow anything different," Green said. "The people who came here were paid, they were not living in squalor or bad conditions, they were paid more money than they ever were in Thailand, and they enjoyed their work."
As the federal criminal case against Orian, an Israeli national, continues, he is required to submit to electronic monitoring.
'Nickeled and dimed'
The EEOC says that the workers were being subjected to fees until they had almost no income left at all.
"They were nickeled and dimed to the point where they really didn't have any pay," said Anna Park, regional attorney for the EEOC Los Angeles office.
The EEOC says that some of the workers were forced to live in crowded conditions, and their quarters were infested with rats and insects.
Workers of other nationalities on the same farms were not subject to the same conditions, Park said.
Officials also said that the workers had their passports taken from them, and were threatened with deportation if they complained.
The EEOC says that some of the Thai workers have since returned to their home country, and that the total number of affected workers could be about 400.
Some of the workers have now been given visas for victims of human trafficking, but EEOC officials would not say how many won that designation.
In the case of the 500 Indian workers, the EEOC alleged in a lawsuit in Mississippi that Signal International LLC, a Gulf coast marine services company, subjected them to segregated facilities and discriminatory treatment.
It said the Indian men paid recruiters up to $20,000 to come to the United States, and after they arrived they were forced to pay rent for crowded housing in fenced camps.
Workers brought into US and 'exploited' - Americas - Al Jazeera English
Source: aljazeera.net
Standing Up for Guest Workers - NYTimes.com
Published: May 1, 2011
Slavery and human trafficking are alive and well in the United States, according to lawsuits filed by the federal Equal Employment Opportunity Commission on behalf of farm laborers in Hawaii and Washington State and shipyard workers on the Gulf Coast.The suits allege that labor recruiters and employers lured, trapped and abused foreign workers hired through federal guest-worker programs. The government charges that more than 500 Indian men hired by Signal International of Alabama for rebuilding after Hurricane Katrina were confined in squalid camps, illegally charged for lodging and food, and subject to discrimination and abuse. When they complained, the suit says, Signal agents tried to intimidate workers’ families in India. Two lawsuits filed in Hawaii and Washington against other employers make similar charges about 200 men brought from Thailand.
The United States urgently needs to strengthen protections for guest workers who are lied to by recruiters and tied to employers with too much power to exploit them. Today’s shackles are the threats of deportation and financial ruin. They might as well be iron.
A recent agreement by the federal Labor and Homeland Security Departments to work together on immigration and labor enforcement at work sites is encouraging, though there are serious concerns about Homeland Security’s past behavior. Sworn testimony in a separate civil lawsuit against Signal International charged that rather than protecting the Indian workers, immigration officials coached the company on how to silence and deport them.
Workers in the new lawsuits may win some money and be eligible for special visas for trafficking victims. But they are only a handful of workers — both documented and undocumented — stranded in a system that accepts their labor but fails to prevent their exploitation.
A version of this editorial appeared in print on May 2, 2011, on page A26 of the New York edition with the headline: Standing Up for Guest Workers.
Source: nytimes.com
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- 500 Indian Guest Workers Sue American Company For Human Trafficking After Hurricane Katrina (businessinsider.com)
- Debbie Fordyce: "They are guest workers in Singapore, I am their volunteer." (otterman.wordpress.com)
Sunday, May 1, 2011
Migrants' poverty and desperation supply fodder for modern-day slavery - Washington Times
By Richard S. Ehrlich - Special to The Washington Times
7:01 p.m., Sunday, May 1, 2011
BANGKOK | The illegal sex trade gets most of the headlines about the underground business of human bondage, but the forced-labor racket is a largely untold story of modern slavery in Southeast Asia.
In one all-too-typical case, a group of frightened workers last week climbed out of a window at a Bangkok garment factory where up to 60 migrants from Myanmar worked and lived in four tiny apartments.
One of the workers told police that they were forced to work in the factory from 8 a.m. to midnight and paid less than $7 a month.
Two factory owners were arrested, and they tried to justify their actions.
“I detained them inside the factory to prevent their escape,” sweatshop owner Namee Sae Lee was quoted as saying.
The factory owners told investigators that the migrants were locked up and forced to work without a salary because each employee had to reimburse a $500 “recruitment fee” they had paid a human trafficker.
Human smugglers eagerly profit from migrant workers’ poverty, ignorance and desperation, including many unemployed men and women who beg to be smuggled abroad despite knowing the risks.
Forced labor, huge profits
Migrants pay huge fees and bribes to unscrupulous agents and officials to secure access to jobs. But they often end up working in wretched conditions, cheated out of their meager wages or arrested by authorities who squeeze them for cash or sex while imprisoning them before sending them back home.
More than 12 million people are exploited into forced labor around the world, with about 9.5 million in the Asia-Pacific region alone, according to the U.N. International Labor Office.
The illegal trade generates nearly $10 billion a year.
Human trafficking worldwide has entrapped up to 27 million people, according to the State Department. Most are forced into prostitution or other parts of the illegal sex business, but exact figures are unavailable.
Activists urge authorities who are serious in combating forced labor to follow the money to try to trace the fees employers pay to human smugglers.
“When high and often inflated recruitment fees leave migrants heavily indebted, they are especially vulnerable to abuse,” Chowdhury Abrar, chairman of the international relations department at Bangladesh’s Dhaka University, said at a conference last week on human trafficking in Dhaka.
“Cracking down on excessive fees and unethical recruitment practices will be a key ingredient to any reform,” he added.
Delegates from Afghanistan, Bangladesh, China, India, Indonesia, Nepal, Pakistan, the Philippines, Sri Lanka, Thailand and Vietnam attended the meeting as representatives of countries that are sources of illegal trafficking.
Bahrain, Italy, Kuwait, Malaysia, Qatar, Saudi Arabia, South Korea and the United Arab Emirates sent observers representing countries plagued by the illegal recruitment of slave labor.
New York-based Human Rights Watch, which also sent representatives, said, “Some 3 million Asian men and women migrate each year, a large proportion working in domestic service, construction, manufacturing and agriculture in other Asian countries and the Gulf states.”
Arab unrest threatened workers
In recent weeks, trafficked workers became increasingly vulnerable after the uprisings in Arab countries. Thousands of Asian migrants were stranded, unable to get paid or immediately escape from Tunisia to Yemen.
In Southeast Asia, governments also have failed to protect workers from abuse.
In 2009, Indonesia tried to stop its citizens from migrating to Malaysia to work as servants, cleaners and other domestic helpers because such workers frequently are abused.
Savvy traffickers and recruiters have responded by offering those jobs in relatively prosperous Malaysia to eager, impoverished Cambodians instead.
Thailand toughened immigration laws this year to deport illegal Myanmar workers and replace them with legal migrants from Bangladesh and Indonesia.
Employees and human rights groups, however, predicted that the plan would fail. They said the expense of flying workers from Bangladesh and Indonesia to Thailand would be less attractive than hiring Myanmar illegals who easily cross the porous Thai-Myanmar border on their own.
Thailand uses about 2 million low-skilled workers from Myanmar, and many of them are illegal immigrants.
Thai factories, construction sites, fishing businesses and domestic employers want more Myanmar people to be allowed to work in this rapidly modernizing country because of a labor shortage at the bottom rungs of the work force.
Ethnic minority abused
The most tragic cases of abuse in Southeast Asia’s labor market often involve ethnic Rohingya, usually Sunni Muslims from Myanmar and Bangladesh. Rohingya are said to be descendents of seventh-century Arab sailors.
Today, most of them languish amid disease and squalor on both sides of the Myanmar-Bangladesh border, but up to 2 million are suspected to be working illegally in Malaysia and Saudi Arabia.
Many Rohingya complain that Bangladesh makes it too difficult for them to obtain passports, so they rely on human traffickers when migrating for work.
Their plight begins when they willingly pay traffickers to put them on rickety boats for a perilous journey across the Bay of Bengal to reach Thailand, Malaysia, Singapore or Indonesia.
In the past few years, Thai authorities have been severely criticized for shoving boatloads of emaciated, sunburned Rohingya back to sea, with little food and water, to prevent them from seeking asylum in Thailand.
Rohingya who do land in foreign countries are often caged and eventually repatriated, or trapped in limbo as “stateless” migrants because they have no evidence of citizenship.
Many American and other international companies outsource their products and services in poorer countries where trafficked workers are exploited, but they rely on subcontractors’ shell companies to arrange the grittiest and most dangerous jobs.
That enables the corporations’ U.S. and foreign headquarters to deny direct responsibility or financial liability for any abuses.
“Educating intending migrant workers about labor laws and workplace rights in their own and foreign countries” would help solve trafficking, said the Solidarity Center, which the AFL-CIO created in 1997.
“Creating standardized reporting forms for use in police stations” also would ensure trafficked workers are recognized and given legal aid and other help when they are arrested or rescued, the Washington-based center said.
The U.S. Trafficking Victims Protection Act forbids “involuntary servitude, slavery, debt bondage and forced labor,” even if the worker “consented [or] participated in a crime as a direct result of being trafficked.”
The problem of human trafficking often spills into the United States.
On April 19, the Equal Employment Opportunity Commission filed lawsuits charging Global Horizons, a labor contractor based in Beverly Hills, Calif., with recruiting Thai workers and subjecting them to “physical violence,” dilapidated housing, hunger, low salaries and other abuses on farms in Hawaii and Washington state.
SOurce: washingtontimes.com
Related articles
- Human Trafficking: Workers Brought into US and 'Exploited' (politicore.wordpress.com)
Friday, April 29, 2011
Combatting Modern Day Slavery in Hawaii and Mainland U.S. | Hawaii Reporter
BY CHANCHANIT MARTORELL – The Thai Community Development Center in Los Angeles is a community economic development organization founded in 1994. The mission: Protecting the rights of disadvantaged and vulnerable Thai and other ethnic immigrants and improving their socio-economic well being through health, human and legal service resources, housing and community development, advocacy, and education.
Thai CDC played a pivotal role in the landmark and famed El Monte Thai Slavery Case considered the first case of modern day slavery in the United States since the abolishment of slavery. We participated in the multi-agency task force pre-dawn raid on the compound on that fateful day of August 2, 1995 and liberated over six dozen men and mostly women from conditions of slavery.
Unfortunately, we learned that the El Monte Case was just the tip of the iceberg. Over the past 16 years, Thai CDC has handled half a dozen more trafficking cases involving over 400 Thai victims. In 1998, we co-founded the Coalition to Abolish Slavery and Trafficking. We are confronted by new and ever more unsettling trafficking and slavery cases – forced prostitution, involuntary servitude, debt peonage, even the renting of children for use in the trafficking of women.
Worst of all, the majority of the cases in the US continue to be Thai and interestingly, male not female. Going against the common perception of human trafficking as the trafficking of women and girls for sexual slavery, the majority of our victims are males and the purpose for which they are trafficked include garment work, domestic work, welding, and now farm work. And our current farmworkers’ case is now considered the largest case of human trafficking in United States history. We realized the magnitude of this case immediately upon learning that Global Horizons brought in over 1,100 Thai farmworkers to the United States between 2003 and 2005 by legal means through the agricultural guest worker visas known as H2A visas. Hence, we are now seeing a trend of a legalized form of slavery.
To step up our efforts in combating this scourge of human trafficking and modern day slavery and winning even more victories for victims, Thai CDC launched the SERI Project last month. SERI means freedom in Thai and stands for Slavery Eradication and Rights Initiatives. Thai CDC has been working on the Global case since 2003 when the first Thai farmworker escaped from one of Global Horizons’ contracted farms in Hawaii.
As more farmworkers started escaping from various Global Horizons farms located in different states on the mainland and off and coming to Thai CDC for aid and relief, we immediately reported the case to the US Department of Justice, the US Department of
Homeland Security Immigration and Customs Enforcement, and the Royal Thai Consulate General in Los Angeles. While we pressed the US Department of Justice to launch an investigation and begin the criminal prosecution, we also pursued a civil means of justice by filing charges of civil rights violations and discrimination based on nationality with the EEOC on behalf of over 200 farmworkers having succeeded in winning compensation for trafficked Thai welders in the past through EEOC. As advocates we leave no stone unturned to achieve justice for our workers.
The escaped workers shared a similar story of debt, deception and threats. I have seen these elements time and time again in my work with trafficking victims. I have now worked on seven major cases of human trafficking involving over 400 Thai nationals.
These workers’ stories were just like the stories of other trafficking victims. Of the over 260 farmworkers that finally made contact with Thai CDC in the course of several years, we found a common pattern of workers paying between 600,000 and 900,000 baht to come to work in the US, well above the amount the Thai labor ministry sets for agricultural work in the US, which is 65,000 baht
The Thai farmers were recruited by Thai brokers on behalf of Global Horizons, the company that applied for H2A visas for seasonal farm workers to work between three to six months on each farm. The workers were promised between $8.53 and $9.50 per hour but $42 was deducted from the workers’ pay for food. However, they were told by the brokers that they could work for three years making them believe that they had enough time to pay off their debt. However, the farmers who didn’t escape were deported back to Thailand after their three month H2A visas expired leaving them with insurmountable debt back home and the risk of losing their farms and ancestral homeland that they had mortgaged to pay the exorbitant recruitment fees.
Over half of the farmers came from Northern Thailand and were subsistence farmers. To pay the commission fee to the recruitment companies, they borrowed heavily from banks and private lenders and have debts ranging from 300,000 to 1,000,000 baht. Workers were sent to farms in various states in the United States to harvest all kinds of fruits and vegetables.
Once they arrived in the US, Global Horizons seized the workers’ passports and visas and did not provide any contract agreements. Because the workers did not have any form of identification, they feared leaving their premises. They were also threatened with deportation. Their phone calls were monitored by agents of Global Horizons and no visitors were ever allowed on the farms.
Farms were located in rural areas, therefore transportation was always provided by Global Horizons. In the case of one of the Hawaiian farms, the farmworkers were housed in an abandoned school house with 18 workers to a room in a very remote area that was at a great distance from the actual farm. Because they were always hungry, they had to eat leaves off the plants behind the schoolhouse. Their hours were regimented. A Thai overseer of Global’s gave orders to the workers. He would be described by workers as cruel and abusive as he would make threats of physical harm to the workers if they dared escape or disobeyed his orders. Posted at all times at the schoolhouse were Global Horizons guards. To evade the guards, one farmworker had to escape in the cover of darkness and walk quietly through a sugar cane field so as not to be detected until the break of dawn. The sugar cane field ended at a road where he sought help from a stranger.
Some workers lived in used freight containers in Hawaii where there were no windows, running water, electricity or basic amenities, and wooden shelves were used as beds.
Our assistance to over 400 Thai victims of the most severe form of exploitation and human rights abuse over the past 16 years have included providing an immediate response team that arranges shelter, food, clothing, medical care, and legal counsel for the victims.
While we help them overcome their trauma, we develop their survival and self-sufficiency skills and prepare them to seek redress and restitution through various legal channels.
For almost eight years now, Thai CDC has been working with legal aid organizations and private law firms throughout the U.S. to file legal and immigration relief for the farmworkers such as looking into private civil law suits, alien tort statute claims, and applying for their T visas.
Due to the real fear of retaliation back in their home country, families of the victims are being reunited with them in the United States. The relief, education, counseling and advocacy that Thai CDC provides to each victim require extensive and comprehensive case management. Once the family members are reunited with the victim, we must help them resettle requiring additional case management (such as obtaining social security cards, proper forms of identification, public benefits, housing, furnishings, personal supplies, and more).
As a result of our campaign for redress and restitution on behalf of victims, we have been instrumental in transforming victims into agents for social change and in influencing legislation to reform workplace conditions and to provide adequate protections and legal status for victims of trafficking. Our unwavering pursuit of justice in these cases won us much acclaim and recognition. However, there still remain too many men, women and children around the world victimized by human trafficking every day. Los Angeles,
California continues to be a major hub for human traffickers. Today, we are pleased to stand with our partners in the federal government and the community to achieve the ultimate goal of making survivors of human trafficking whole persons again with the will and self-determination to pursue justice and to lead an independent and productive life.
Chanchanit Martorell is the Executive Director of the Thai Community Development Center in Los Angeles, California
Combatting Modern Day Slavery in Hawaii and Mainland U.S. | Hawaii Reporter
Friday, April 22, 2011
Farms Charged With Human Trafficking - NYTimes.com
By THE ASSOCIATED PRESS
Published: April 20, 2011
The Equal Employment Opportunity Commission has sued a California-based labor contractor, Global Horizons Inc., and farms in Washington and Hawaii, claiming they discriminated against more than 200 Thai workers in what the authorities called the largest human trafficking case in the nation’s agriculture industry. Global Horizons confiscated the workers’ passports and threatened to deport them if they complained about conditions, commission officials said. Named in the suit were the Captain Cook Coffee Company, Del Monte Fresh Produce, the Kauai Coffee Company, Kelena Farms Inc., MacFarms of Hawaii and the Maui Pineapple Company, all in Hawaii, and Valley Fruit Orchards and Green Acre Farms of Washington. The commission also filed a lawsuit in Mississippi against the marine services company Signal International claiming that 500 Indian workers faced discrimination and substandard living conditions in Mississippi and Texas.Farms Charged With Human Trafficking - NYTimes.com
Source: nytimes.com
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Friday, January 28, 2011
»The Catholic Review Online | U.S. monthlong observance targets ‘global travesty’ of human trafficking
By Mark Pattison
Catholic News Service
WASHINGTON – By proclaiming January Human Trafficking Prevention Month, President Barack Obama signified he is “very much in touch” with a problem he has called “a global travesty,” said Julie Tanner, assistant director of socially responsible investing for Christian Brothers Investment Services.
The investment firm urges companies in its portfolio to adopt standards that would lessen the incidence of human trafficking that could be enabled by their firms, both globally and domestically.
Tanner and others engaged in the fight against human trafficking were caught unaware that Obama was going to make such a proclamation. Even so, “we’re really excited about it,” she said.
The president chose Jan. 1 as the start in recognition of the Emancipation Proclamation, which took effect Jan. 1, 1863. For the end he chose Feb. 1 – called “National Freedom Day” in Obama’s proclamation – for the date in 1865 when President Abraham Lincoln signed the 13th Amendment banning slavery and sending it to the States for ratification.
“Human trafficking is a global travesty that takes many forms. Whether forced labor or sexual trafficking, child soldiering or involuntary domestic servitude, these abuses are an affront to our national conscience, and to our values as Americans and human beings,” Obama said in his Dec. 22 proclamation. “From every corner of our nation to every part of the globe, we must stand firm in defense of freedom and bear witness for those exploited by modern slavery.”
Trafficking foes also were using the Feb. 6 Super Bowl to focus on the issue, for example asking hotels to watch for signs of human trafficking, especially child trafficking, as was done during last June’s World Cup.
Tanner credited Obama for linking the fight against human trafficking to the dates spanned by Human Trafficking Prevention Month.
“It’s great that he’s obviously very much in touch with how much publicity human trafficking is getting and how the United States has really ramped up their efforts on this,” Tanner said in a Jan. 14 interview with Catholic News Service from New York.
A Cabinet-level Interagency Task Force to Monitor and Combat Trafficking, created by the Trafficking Victims Protection Act of 2000, coordinates the federal government’s anti-trafficking efforts. The State, Defense, Justice, Agriculture, Labor, Education, Homeland Security, and Health and Human Services departments have their own initiatives to combat trafficking, as do the Agency for International Development and the Equal Employment Opportunity Commission.
But it is an uphill climb. A State Department fact sheet, citing its 2010 Trafficking in Persons Report, noted that an estimated 12.3 million adults and children are in forced labor, bonded labor or forced prostitution worldwide, 56 percent of them women and girls.
And while there were 4,166 successful trafficking prosecutions in 2009, up 40 percent from 2008, there are 62 countries that have yet to convict a trafficker under laws in compliance with the Palermo Protocol – which was adopted in 2000 – and 104 countries without laws, policies, or regulations to prevent trafficking victims’ deportation.
The 2010 report included the United States for the first time. While it got relatively good marks in the report, Tanner said, the report noted that “we’ve got to get away from this boys will be boys (mentality) ... and say that this is unacceptable.”
The climb is steep in the private sector as well. Christian Brothers Investment Services has been in conversations with hotel chains it holds stock in about training their staffs to detect possible human traffickers staying in their hotels, but only one - Carlson, which operates the Radisson chain - has agreed.
Last year, human trafficking watchdogs focused their efforts on the monthlong World Cup tournament in South Africa. This year, they are setting their sights on the Super Bowl, to be played Feb. 6 in Arlington, Texas.
The Super Bowl represents an economic boost nearing $1 billion to the host city and surrounding region, and some of that money could get into the hands of traffickers.
The San Antonio-based Socially Responsible Investment Coalition has undertaken responsibility to call hotels in the Dallas-Fort Worth area to ask that when they’re training staff for the inevitable flood of guests staying in their hotels for the Super Bowl, they include a workshop on trafficking issues.
Benedictine Sister Susan Mika, the coalition’s executive director, told CNS Jan. 19 that the results from the phone calls and follow-up had not been tabulated, but so many volunteers had expressed an interest in phoning the hotels that the coalition was able to double the number of hotels contacted.
“Many of our members have this as a priority and they work on this all the time,” she explained. “At our meetings we’ve had updates, we’ve had people who present (workshops) on this and encouraged us to do various actions.
“It’s one of those issues that doesn’t go away, and we work on this continuously,” she said.
Jan 24, 2011
Source: The Catholic Review Online
»The Catholic Review Online | U.S. monthlong observance targets ‘global travesty’ of human trafficking
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