Sunday, February 6, 2011

Target brothels or sex traffic will rise, say campaigners | Law | The Observer

Traffic in sex slaves could rise if Britain rejects European anti-vice strategy

  • The Observer,
  • Article history
  • Brothel raid
    Police raid a suspected brothel in Surrey. Photograph: Lewis Whyld/PA

    Campaigners against sex trafficking call today for a major crackdown on the thousands of brothels in Britain amid accusations that government indifference to the issue is encouraging pimps to target the UK.

    The demand comes 10 days after a Romanian father and son, Bogdan, 51, and Marius Nejloveanu, 23, were given jail sentences for trafficking five young women to England. Marius repeatedly raped and beat the women and received the longest sentence for trafficking offences in the UK, 21 years.

    One of the women, Marinela Badea, was trafficked in 2008 aged 17 and forced to work in massage parlours and saunas in the Midlands and Manchester. In a shocking interview with the Observer, she described a life of regular rape, brutal beatings and sex with paying clients up to 12 times a day. When she tried to escape, she was savagely punished. "I got punched, a knife in my head, my hair was pulled until it came out," she said.

    Europol, the EU criminal intelligence agency, confirmed to the Observer that minors were still being trafficked to Britain and warned that the issue of pan-European trafficking remained a "big" problem. Charities have criticised falling prosecution rates for trafficking.

    Abigail Stepnitz, national co-ordinator for the Poppy Project support service, said police should urgently target the brothels masquerading as saunas, massage parlours and private flats. Almost 6,000 have been identified in England and Wales.

    Stepnitz said: "The focus on trafficking has been to remove immigration offenders or to prosecute organised criminal networks. From our experience the focus has not neccessarily been on addressing the presence of brothels that create an environment where trafficking can thrive. That has never been the focus."

    The last major crackdown, Operation Pentameter 2 in 2008, saw 822 premises visited and the arrest of more than 528 individuals.

    Fears are growing among campaigners that ministers appear intent on downgrading trafficking as a priority, a charge denied by the government. In addition, they accuse ministers of attempting to sideline the issue by removing trafficking from the government's violence against women and girls strategy. Tomorrow, trafficking campaigners are due to attend the Home Office for a 90-minute consultation on a proposed new trafficking strategy.

    On Wednesday, the government is expected to come under further attack from health experts and MPs at a conference focusing on trafficking issues, entitled Stopping Traffick. Shadow home secretary Yvette Cooper will condemn the government's decision not to sign up to the EU Directive on Human Trafficking. Cooper believes coalition leaders David Cameron and Nick Clegg are sending the wrong signal to traffickers by not endorsing the directive on common European efforts to combat the trade in sex slaves.

    Davide Ellero, senior specialist at Europol, said that minors continued to be trafficked for sex to the UK. He said: "The problem is big and it stays big. But there are no statistics at European level because every country monitors in a different way."

    Source: The Observer

Target brothels or sex traffic will rise, say campaigners | Law | The Observer
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Sex trafficking in the UK: one woman's horrific story of kidnap, rape, beatings and prostitution | UK news | The Observer

Marinela Badea was a 17-year-old student in Romania when she was forced from her home and plunged into a nightmare of brutal sex crimes

  • Martin Townsend
  • marinela badea
    Marinela Badea, 20, was forced to work in Britain as a prostitute by people traffickers who kidnapped her and held her prisoner. Photograph: The Observer/Petrut Calinescu

    When police turned up at the Shangri-La, it was quiet. Marinela Badea was catching up on sleep and was awoken by the commotion. Minutes later, on a grey Manchester morning, she and half a dozen other women were handcuffed and marched out of the red-brick massage parlour in Openshaw in the east of the city.

    Marinela, 17, was terrified. Trafficked from Romania, she had been coerced into prostitution by a pimp who beat her with numbing regularity. Now there was something new to fear. "I didn't even know where I was going," she says now. "I couldn't trust anyone, I had no idea of the law. I was so scared."

    The sex crimes unit of Greater Manchester police arrested her for prostitution-related offences, but at least Marinela was safe behind bars. Her first day in custody was the first since her arrival in England six months earlier that she had not been forced to have sex. She had been raped by different men 50 times a week on average, often violent, drunken strangers. And if she was released from prison, Marinela was convinced she would be murdered by the gang who trafficked her.

    Eventually police would discover that Marinela was an innocent victim of Bogdan Nejloveanu, 51, and his son Marius, 23, a Romanian trafficking team who last month received the longest sentence for trafficking in UK history. Her extraordinary story, revealed here for the first time, offers a troubling insight into Britain's vast "off-street" prostitution trade. It also raises questions about the apparent indifference of the authorities to tackling trafficking and protecting vulnerable women imported into Britain as sex slaves.

    Victims are notoriously reluctant to describe their experience because of the shame, fear and stress. It is even rarer for such women to agree to be identified. Motivated by a courageous desire to expose this sordid, violent world, Marinela has revealed the full horror of her ordeal in an account that should reopen the debate about how Britain deals with its sex industry.

    As far as her friends and family were concerned, Marinela vanished. One moment she was on the way home from school in the provincial town of Alexandria, two hours drive from Bucharest, then she was gone. Later they learnt that, just after 5pm one afternoon in mid-March 2008, as she was settling down to her homework in the flat she shared with a female friend, there was a knock on the door. Outside stood two men. One, Cornel, had a reputation for prostituting local girls. The other she had never met. He was called Marius Nejloveanu.

    They invited her to a barbecue. "I said no because I had homework," said Marinela. "When Cornel heard that he just banged my head on the wardrobe and said, 'Put your coat on.'

    "Marius saw my ID card on the table near the TV and took it and my phone. I asked him: 'Why are you taking my passport?' and he just stared at me." From the barbecue, Marinela was taken to a relative of Nejloveanu's, near Alexandria. There, hours after being abducted, she was raped. "I said, 'I want to go home' – so they beat me up. After half an hour they brought his friend in and they forced me to sleep with him. From that day they kept me prisoner. They wouldn't even let me go outside in case somebody saw me."

    In the days that followed, friends and family tried to find her, but there were no clues. Her teachers were baffled. She was in the third year of a course on food hygiene and considered a rising star.

    The search intensifed but a new identity was being forced on Marinela. She was given a fake passport that transformed her into a 21-year-old adult, then taken to Bucharest and forced on to the 4am coach to England. Nejloveanu promised a job cleaning hotels. Two days later – on 3 April 2008 – Marinela arrived at Birmingham's central bus station.

    A woman claiming to be a girlfriend of Nejloveanu took her to a large suburban house in Edgbaston where another two Romanian girls lived. "Then it dawned on me. I was asked: 'Do you know how to put a condom on?' 'What are you talking about?' I said." Marinela refused to accompany the girls to a nearby brothel and as a consequence received her first death threat. Unless she co-operated Nejloveanu would kill her, she was told, when he returned from Romania.

    Desperate and hardly eating, Marinela began to waste away. Diminuitive to begin with, her frame became skeletal. She recalls watching her ribcage protrude when exhaling.

    Nejloveanu eventually arrived and she took her first ferocious beating for refusing to have sex with men. "He beat me up and forced me to sleep with him – anal sex. It really hurt. He was pulling my hair and hurting my back. Sometimes he would bang my head right on the corner of the door. That really hurt."

    Weeks into her ordeal, Marinela relented. Nejloveanu presented her with a lurid set of garish underwear and she was taken to a nearby brothel masquerading as a sauna. She could not speak a word of English. When the first "client" booked her she wanted to say "no" but could not. She wanted to explain her predicament, tell the man that she was trafficked. Instead she cried, hoping that the man would take pity on her. He did not. None of them did.

    On her first day she made £300, enough to support her family in Romania for six weeks, but was forced to surrender every penny. "After that I was making £400, £500. After a month I was making £500 a day, but if I wanted a cigarette or bar of chocolate I had to ask."

    Daily shifts lasted 12 hours, 10pm to 10am, seven days a week. Sometimes she would be obliged to have sex 12 times with different men. She says it was normal for her trafficked peers to have sex with 10 men a day.

    Punters paid £40 a session, of which half went to Nejloveanu and half to the sauna or massage parlour where she was imprisoned. Most of the men were white or Asian, a number were repeat clients, but most were strangers. Some were drunk, a few violent.

    "There was one guy and I didn't want to do what he asked me. So he beat me up because he was drunk, pulled my hair and slapped me like this." She pretends to wallop the side of her face so hard her head jerks back and her tongue lolls out. "But they just take the violent men outside. Nothing ever happens to them even if I am really hurt."

    She said the trauma of having to undress for often stinking men she detested never went away. "Even if they stink, and have come straight from work, you have to sleep with them – it was so horrible. Can you imagine how I was feeling taking my clothes off, exposing the horrible underwear that Marius had bought? I was supposed to be in high school, not in England sleeping with men and making money for criminals."

    Those who ran the saunas were instructed not to let Marinela go outside, often for days at a time. She made one escape bid. That precipitated one of her most brutal beatings by Nejloveanu: "I got punched, a knife in my head, my hair was pulled until it came out."

    Marinela soon picked up enough English to decipher the ease with which Britain's covert sex industry operates. Nejloveanu's girlfriend would simply plough through the local papers' classified section and ring up massage parlours and saunas asking if they required girls. "She was ringing to see if they had any 'jobs' there. Are there any jobs available? Jobs meant brothels." Marinela, along with the two other Romanian girls, was transferred around the West Midlands, to places such as Lisa's Sauna in east Birmingham, where "a lot of girls worked," according to Marinela, and which remains open.

    As the months passed, two more trafficked Romanian girls arrived in Edgbaston. Both had severe mental problems and one, aged 23, was later found to have a mental age of 10. The pair made little money for their pimps and one was quickly sold off.

    Marinela's family assumed their daughter was dead. Her parents imagined that at 17 she was too young to travel abroad. At their smallholding in Silistea, a farming hamlet 70km north of Alexandria, they despaired and discussed giving up their search.

    In England, Marinela was being prepared for her next stage of exploitation. In October 2008 she was taken to Manchester, first to the Belle Air massage parlour and then to Shangri-La, where up to 15 girls a day worked. In the brothels she was forced to inhabit, Marinela estimates she met more than 100 Romanians working as prostitutes in Birmingham alone, many of whom she says had been coerced. Her accounts provide a rare glimpse of the scale of off-street prostitution in Britain, which is notoriously problematic to quantify.

    Charities say Marinela's experience supports their belief that sex trafficking into the UK is significantly greater than officially recognised. An investigation by senior police officers last year identified almost 5,890 brothels – saunas, massage parlours and venues used illegally for paid sex – in England and Wales.

    The investigation, by the Association of Chief Police Officers, found 342 brothels in the West Midlands. Judging by their statistics, Marinela was among 1,535 east European women working in establishments that featured an average of 6.6 beds. In north-west England, 760 businesses were identified, employing 1,242 sex workers from eastern Europe. In the UK, police found evidence that at least 400 women from eastern Europe have been trafficked, suffering a similar ordeal to Marinela's. But campaigners say the true number runs into the thousands.

    Women's groups also lament the lack of police action against venues known to be selling sex illegally. Despite identifying huge numbers of brothels and sex trafficked victims, there is little evidence of a concerted police crackdown to close premises.

    When David Greenwood, 43, was jailed last year for running the Belle Air and Shangri-La as brothels, the court heard that both had been known to police for years. Shangri-La has since "closed" but closer inspection indictates it has merely reopened under the name Infinity, with an identical telephone number. Its website lists 36 girls, divided into categories from "busty" to "blonde". The shift structure looks familiar: 12 hours per girl, 10pm to 10am. When asked if 30 minutes for £40 included sex, a female receptionist said: "I can't say on the phone because it's against the law, but it does include a massage and full personal service."

    Last week, the Observer took Marinela back to the frozen south of Romania, to be reunited with her family in Silistea. When he learned what had happened to his daughter, Marin, her father, had to be stopped from burning down the house nearby Marius Nejloveanu built with his trafficking proceeds. Her mother, Adriana, wept as she held her daughter.

    In Alexandria, returning for the first time since she was snatched from its streets, she seemed uncharacteristically nervous. "I don't like it here. Marius's people might want me dead."

    She visited the town's police station where three years earlier her mother had reported her missing. In the early hours of a May morning in 2009, its officers raced to the nearby town of Mavrodin to arrest Nejloveanu following a tip-off from Greater Manchester police. The chief commissioner, Florea Stefan, said: "Marinela is lucky to be alive: many girls are beaten very, very badly." He said Nejloveanu exported five girls to the UK but another seven had vanished in Romania.

    Trafficked girls are sometimes killed by their pimps. "Everyone knows that," said Marinela. Police in Alexandria are sensitive about trafficking, but senior officer Voicu Sanbu says between 50 and 100 people disappear each year, male and female. Marinela says she knows at least one girl from Silistea forced to work as a prostitute in England.

    Thousands of the region's young women work in the pan-European sex trade, the vast majority in Spain. Stefan said: "Prostitution is legal in Spain. Some are forced, some want to work, but many, many go to Spain. It is a big problem."

    When Marinela arrived at the police station Stefan was interviewing a trafficking victim from Spain. Nejloveanu's father, Bogdan, was extradited from Spain to face trial in Manchester. Both were convicted 10 days ago of 34 separate offences. Bogdan was jailed for six years and Marius sentenced to 21 years.

    The sentences meant closure for Marinela. Now she is helping at the safe house in Sheffield for vulnerable women, where she was cared for after police released her. With remarkable generosity towards a country where she was so horribly abused, she has grown to love Yorkshire and the city she lives in, and plans to make it her home. She has begun training as a hairdresser while helping to raise awareness of trafficking. She calls herself a survivor, not a victim.

    "I will be so happy if I can help other girls," she said. Her outlook is positive, her company characterised by mischievious humour. In many ways Marinela's story is about the human spirit's capacity to regenerate. "And I haven't even got a mental health problem, which is phenomenal," she grinned. Her father laughed, raising a glass of home-brewed brandy. Her mother managed a faint smile before wiping away another tear.

    SEX TRAFFICKING AND BRITAIN

    The most comprehensive inquiry into sex trafficking and off-street prostitution in the UK identified 17,000 migrants working in brothels.

    Of these, about half – 9,000 – were from eastern Europe, of which police believe 400 had been trafficked.

    The report, completed last year by the Association of Chief Police Officers after an investigation named Operation Acumen, found a further 4,128 women from eastern Europe, which they categorised as "vulnerable". The classification included women whose experience the police concluded fell below the threshold of trafficking but were vulnerable to sexual exploitation in that they spoke little English, were overly reliant on their "controllers" and faced other barriers preventing them from exiting prostitution.

    The police investigation detected another 5,000 women from eastern Europe working in brothels who were willing to work as prostitutes and could not be considered trafficked or vulnerable.

    Campaigners, however, say the police's definition of "vulnerable" included many victims of trafficking and that their inquiry significantly underestimates the problem. The Poppy Project argues that many women find it difficult to disclose issues such as rape and that the police's methodology, which involved officers entering brothels and asking women if they had been trafficked, was unlikely to glean accurate information.

    The definition of trafficking has long been controversial. The most favoured defines it as involving the use of force, fraud, deception or coercion to transport a victim into an exploitative context.

    Source: The Observer

Sex trafficking in the UK: one woman's horrific story of kidnap, rape, beatings and prostitution | UK news | The Observer
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Defending the Dignity of Migrant Workers » Blog of Rights: Official Blog of the American Civil Liberties Union

Feb 4th, 2011
Posted by Aron Cobbs,
Human Rights Program at 4:43pm




Tuesday marked the 146th Anniversary of National Freedom Day, the day on which President Abraham Lincoln signed the joint congressional resolution that outlawed slavery and became the 13th Amendment to the U.S. Constitution. In remarks to the president's Interagency Task Force to Monitor and Combat Trafficking in Persons, Secretary of State Hillary Clinton stated that "modern slavery, often hidden and unrecognized, persists today on every continent and, most tragically, right here in the United States, despite being prohibited by both domestic legislation and international law."

On that same day, the ACLU and its co-counsel filed for class certification (PDF) in a case on behalf of over 500 Indian guestworkers. The lawsuit alleges the workers were trafficked into the U.S. and subjected to squalid living conditions, fraudulent payment practices, and threats of serious harm under the control of Signal International, LLC, a company that builds ships and offshore oil drilling rigs.

The lawsuit was first filed in the U.S. District Court for the Eastern District of Louisiana in March 2008. The ACLU is co-counsel with the Southern Poverty Law Center, the Asian American Legal Defense and Education Fund, the Louisiana Justice Institute, and Dewey & LeBoeuf LLP. If class status is granted, it could be the largest human trafficking case in U.S. history.

The complaint alleges that recruiting agents hired by Signal International held the guestworkers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guestworker visa. Between 2004 and 2006, hundreds of Indian men paid as much as $20,000 each for travel, visa, recruitment and other fees under the pretense that it would lead to good jobs and permanent U.S. residency for them and their families.

The complaint also claims that once in the U.S., the workers were housed at Signal's overcrowded, unsanitary and racially segregated labor camps, where as many as 24 men shared a trailer with only two toilets. The lawsuit charges Signal and its agents have violated the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organizations (RICO) Act. In addition to Signal's corporate violation of domestic laws and polices, the federal government has failed to protect the rights of migrants under the International Convention on the Protection of Rights of All Migrant Workers and Members of Their Families (ICPRMW), as proven by the lack of government oversight necessary to prevent such a trampling of rights.

Also Tuesday, the FBI, Department of Agriculture and Department of the Interior joined — for the first time — the Interagency Task Force to Monitor and Combat Trafficking in Persons meeting, which suggests that various governmental agencies and departments are now strengthening their efforts to remedy this endemic domestic issue and, hopefully, advance lawsuits against culpable corporations. Fulfillment of the task force's mandate, in addition to greater overall respect for international norms, are opportunities the U.S. must seize to affirm the human rights to which all migrants are entitled.

Learn more about immigrants' and workers' rights: Subscribe to our newsletter, follow us on Twitter, and friend us on Facebook.

Source: aclu.org/blog/human-rights-immigrants-rights
Defending the Dignity of Migrant Workers » Blog of Rights: Official Blog of the American Civil Liberties Union
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Coalition to scrap sex trafficking safeguards - Crime, UK - The Independent


Coalition to scrap sex trafficking safeguards

Government to close special police units and rebuff EU moves to protect victims and target criminal gangs
By Emily Dugan and Matt Chorley
Sunday, 6 February 2011
Elena, 25, left Albania in 2007 to start what she thought was a new life in Britain with her boyfriend
Jason Alden
Elena, 25, left Albania in 2007 to start what she thought was a new life in Britain with her boyfriend

Victims of human trafficking will be left at greater risk of exploitation in future, and their traffickers will be harder to prosecute, leading experts and politicians have warned. In many cases, the victims will be subjected to slavery, rape and violence while living in the UK.

They say policies aimed at targeting criminal gangs that smuggle people into the country – and protecting victims that escape from them – are to be scrapped by the Government.

Senior Liberal Democrats have broken ranks to demand ministers sign an EU directive on human trafficking which offers more protection to victims and comes into law later this month. An Independent on Sunday petition urging the Government to sign the directive has more than 20,000 signatures, but the Conservatives are resisting it.

Some 4,000 people, mostly women, are brought into the UK each year to work in the sex trade. Many more – including hundreds of children – are smuggled into the country to be exploited as domestic servants, farm hands or drug cultivators.

Now several specialist policing and investigative units aimed at tackling these crimes are threatened with closure or have already been shut.

The Gang Masters Licensing Authority, which investigates unlawful labour in agriculture and recently found Romanian children as young as nine working in fields, is facing closure. An attempt to save the authority was made last week when an amendment to the Public Bodies Bill was tabled in the Lords.

The Metropolitan Police's Human Trafficking Unit and Operation Golf, focusing on child trafficking, are closed. The government-funded Human Trafficking Centre has been absorbed into the Serious Organised Crime Agency, which is itself being wound up. The Poppy Project, which provides shelter for trafficked women, is also under threat. The Government has put its contract out for tender, asking for a less specialist service to be provided at 60 per cent of the cost.

The Border Agency's "reflection" time for deciding whether a person is trafficked or not is proposed to be reduced from 45 to 30 days, which experts say will put pressure on victims and make correct decisions less likely. In the EU, only Greece and Bulgaria have a time frame this short. In Italy, for example, it is six months.

Despite the new EU directive against trafficking being voted in by almost all UK MEPs – including Tories – it has not been adopted in Britain. Downing Street remains opposed to signing up to new measures on principle, with right-wing Conservative backbenchers keen to reassert their Eurosceptic credentials. A new formal process for the Government to assess EU directives has been established, with Tories seeking to persuade their coalition partners that the Home Office is already meeting – or exceeding – the demands from Brussels on human trafficking.

However, senior Lib Dems – including ministers who are privately pressing for it – believe signing it would be a major victory for their campaign to place civil liberties and human rights at the heart of the Government. 

Tom Brake, Lib Dem home affairs spokesman, said: "The European Union has bent over backwards to accommodate the British Government's concerns. I can see no reason why not to sign up to the directive. It would make a clear statement of the Government's support for trafficked women and its willingness to provide protection and secure convictions. I hope we will be signing on the dotted line as soon as possible."

Speaking at a national conference on human trafficking on Wednesday, shadow Home Secretary Yvette Cooper will condemn the coalition for letting Euroscepticism colour its decision not to sign the directive. She said: "The Olympic Games, dismantling of the UK Human Trafficking Centre and the Child Exploitation and Online Protection Centre and the deep cuts to voluntary groups will all make ending trafficking of vulnerable women and girls a greater challenge. That's why the Government should back tough new measures and Europe-wide action. David Cameron must stop pandering to anti-European prejudices in some parts of his party and sign the directive."

David Cameron partly justified the coalition's refusal to sign by saying the Government was already compliant with the directive. However, according to a report from Care to be published tomorrow, the UK does not comply with many of its requirements. The study found that Britain was inadequate in its support for child victims. (Three Vietnamese children who were suspected victims of trafficking went missing from care last week.) It says the country is also not compliant because it ignores forced begging as trafficking; cannot prosecute crimes outside Britain; fails to provide universal access to safe accommodation and medical treatment for victims; fails to investigate cases after a victim withdraws statement and does not offer proper protection of victims in criminal proceedings.

Former Conservative MP Anthony Steen, now chair of the Human Trafficking Foundation, said: "The Prime Minister made it plain last year that he wished Britain to lead the way in eradicating modern slavery. Britain is now no more going to lead the way than Bulgaria or Greece will."

This week, charities and support agencies will be consulted for the first time over the Government's trafficking policy, which is to be announced at the end of the month. They say this is tokenism as it is understood the decisions have all been taken. The Home Office has stopped a monthly forum that used to bring officials and NGOs together. A Home Office spokesperson said: "Combating human trafficking is a key government priority. We have already outlined our strategy to tackle trafficking, and with the new National Crime Agency will redouble our efforts to end this brutal form of organised crime."

Case study...
Elena, 25, left Albania in 2007 to start what she thought was a new life in Britain with her boyfriend. When she got to London she realised she had been tricked

"I came over in the back of a lorry. It took seven days and I was tired and scared, but I thought it would be worth it. I left a good life in Albania: a family and a job I loved. But my boyfriend said he would marry me and I thought he would look after me.

"After a few days he said I would have to work for him. He said I'd be working in a restaurant. Then he took me to a flat where there were other girls in skimpy clothes, and left me there. I was given a drink that must have been drugged, because I woke up in bed a night and a day later and my body was blue and I knew something had happened.

"From then on I was his slave. He would hit me and threaten me and I was locked in the flat and forced to have sex with men. They were making money but I saw nothing. It took me more than a year to escape. A punter helped me get out when the bosses weren't home. He gave me a place to stay but he was putting his life in danger.

"Eventually I went to the police and they told me about the sheltered housing at the Poppy Project. Once I got there I was able to start a new life. They referred me to specialist police and I had 45 days to make my case. It felt hard enough having to get my case across within 45 days when I was only just breathing again and didn't yet trust the police. I can't imagine what it would be like if the Government changes it to 30 days now.

"I got refugee status because the gang was so powerful I could not return to Albania. The police are still investigating the gang and now I feel safe. The Poppy Project gave me back my life: with their help I felt able to help the police investigation and got refugee status in this country. Closing their doors will mean opening the doors to traffickers."
 
Join the IoS campaign
The Independent on Sunday is campaigning to persuade the Government to sign up to the EU directive on human trafficking. The directive will strengthen our laws to protect victims, and make it easier to prosecute those who enslave them. Readers can call on David Cameron and Nick Clegg to do the right thing by signing the petition on the campaigning website 38 Degrees.
To sign the petition, go to: www.38degrees.org.uk/stoptrafficking

Source: .independent.co.uk
Coalition to scrap sex trafficking safeguards - Crime, UK - The Independent

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New icon to be a sign of hope for those snared in modern-day slavery - Catholic Sentinel - Portland, OR

Josephine BakhitaImage via WikipediaSt. Josephine, the new icon 
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Saturday, February 5, 2011

Veritate et Virtute: Human Trafficking - Diplomatic Immunity?

Saturday, February 5, 2011

Human Trafficking - Diplomatic Immunity?

Kudos to NBC's Today Show for their piece on February 4 around the issue of slavery and human trafficking in the United States. In this piece, host Natalie Morales discussed a case of an Indonesian woman, brought to the United States by a foreign diplomat to work as household staff and the subsequent enslavement of this woman.

In the NBC piece we learn the diplomat was assigned to his country's consulate in San Francisco, CA, representing his country in the United States. He also enslaved a young woman whom he brought to the United States as part of his household staff. The NBC piece is provided below and it speaks to how the diplomat had diplomatic immunity and thus couldn't be prosecuted for the crimes committed. While diplomatic immunity is availed to accredited diplomats in the United States as it is to United States diplomats in foreign countries, it can and has been waived when the individual who has committed a crime in the host country so as to allow the host country to prosecute the alleged criminal. It doesn't happen often, but it does. (See US Department of State guidance on diplomatic immunity provided to US Foreign Service officers - 7 Page PDF. The guidance explicitly states: "Complete immunity from criminal jurisdiction means that a person may not be detained or arrested or subject to a body search and may not be prosecuted or required to give evidence as a witness. This immunity may be waived, and it may be waived in a limited fashion, but it is the U.S. Government’s immunity and must be waived by the Government; it cannot be waived by the individual or the post.)

To make this NBC piece whole, I would have liked to have had Natalie Morales have asked the US Department of State to share the response to the United States' request for the diplomat in question to have his immunity waived. The answer to that question would have told us much about the moral norms of the country with respect to the basic rights and specifically around slavery. So let's look at the NBC piece and the review what the US Government Accounting Office had to say about US Government's efforts.

Here's the NBC Today Show piece: (URL for Today Show)



The abuse of household workers by diplomatic personnel accredited to the United States is not a new phenomena. In fact, in July 2008, the Government Accounting Office (GAO) issued a report titled: " US Government's Efforts to Address Alleged Abuse of Household Workers by Foreign Diplomats with Immunity Could be Strengthened." The GAO report (50 page PDF) contains the following conclusion:

The people who come to the United States on A-3 and G-5 visas are among the most vulnerable who enter our borders legally. They are often poor, uneducated, and unfamiliar with their rights under U.S. law. If they find themselves in an abusive situation, their ability to hold their employers accountable can be limited, particularly if their employers hold full diplomatic immunity and inviolability. Although State has expressed concerns that some foreign diplomats may be abusing their household workers, it has not systematically collected and maintained information on cases of alleged abuse that have come to its attention. In addition, State has not always ensured that the visa policies and procedures in place to provide protections for these most vulnerable individuals have been correctly and consistently implemented, such as the policy requiring certain elements within these workers’ employment contracts. Furthermore, if officials at State headquarters have information linking a particular diplomat to a pattern of employee disappearance, abuse allegations, or other irregularities, they do not routinely alert consular officers to seek guidance. Finally, the U.S. government’s process for investigating trafficking of household workers by foreign diplomats has, in some instances, been hampered by delays in coordination between State and Justice on the use of investigative techniques. In addressing these problems, the U.S. government can strengthen its commitment to combating human trafficking within the United States.
The GAO report goes on to make the following recommendations:
1. To ensure that the Office of Protocol and the Office of the Legal Adviser are aware of all cases involving alleged abuse of household workers by foreign diplomats that have come to the attention of the department, we recommend that the Secretary of State (1) emphasize to the relevant bureaus and offices the importance of the Foreign Affairs Manual requirement to report all cases that come to their attention and (2) direct the Office of Protocol and the Office of the Legal Adviser to create a system for collecting and maintaining records on these cases.
2. To assist in timely handling of future investigations, we recommend that the Secretary of State, the Attorney General, and the Secretary of Homeland Security establish an interagency process outlining agreed-upon policies and time frames for determining which investigative techniques can be used in trafficking investigations involving foreign diplomats.

3. We recommend that the Secretary of State direct the Bureau of Consular Affairs, in coordination with the Office of Protocol and the Office of the Legal Adviser, to establish a system alerting consular officers to seek guidance from State headquarters before issuing A-3 or G-5 visas to applicants whose prospective employers may have abused their household workers in the past. For example, if State headquarters is aware that a foreign diplomat is under investigation for alleged human trafficking, it could place an alert in the system advising consular officers to request guidance should an individual apply for an A-3 or G-5 visa to work for that diplomat.

4. To better ensure correct and consistent implementation of A-3 and G-5 visa policies and procedures, particularly those that outline requirements for employment contracts, we recommend that the Secretary of State enhance oversight by establishing a system to spot-check compliance with these policies and procedures. This spot-check system would allow headquarters to assess compliance without dedicating the resources needed to review all A-3 and G-5 visas issued in a given year and could be targeted at posts that issue high numbers of A-3 or G-5 visas or that have identified difficulties interpreting guidance on these visas classes.
Appendix three of the GAO report is most educational, as it outlines the Diplomatic and Consular privileges and immunities from criminal and civil jurisdiction.

NBC's series Trafficked: Slavery in America starts on February 6, I'll be watching and I hope they ask the hard questions.

Thank you for your time,
All the best,
Christopher

Source: Veritate et Virtute
Veritate et Virtute: Human Trafficking - Diplomatic Immunity?
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Spain: Call for investigation into Franco era baby kidnappings | Mike Hitchen Online: i On Global Trends - news, opinion, analysis

Friday, January 28, 2011

In Spain there has been a formal demand for an investigation into baby kidnappings that took place under the regime of General Franco.

A group representing the families affected say hundreds of thousands of babies were stolen from clinics.

It is believed the abductions took place well into the 1980's, after the death of General Franco.

Sonia Gallego reports



Source: Mike Hitchen Online
Spain: Call for investigation into Franco era baby kidnappings | Mike Hitchen Online: i On Global Trends - news, opinion, analysis
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