On November 2, the House Oversight and Government Reform Subcommittee on Technology, Information Policy, Intergovernmental Relations, and Procurement Reform held a hearing, “Are Government Contractors Exploiting Workers Overseas? Examining Enforcement of the Trafficking Victims Protection Act.”
Linda Dixon, program manager for Combating Trafficking in Persons (CTIP) in the Office of the Under Secretary of Defense for Personnel Readiness at the Department of Defense (DoD), described the department’s training program: “The DoD CTIP training consists of a general awareness (GA) interactive multimedia module and a PowerPoint presentation most recently revised in December 2010. Some objectives of the training include the definition of TIP, identifying common myths about TIP, identifying sex trafficking, identifying labor trafficking, identifying child soldiers that are trafficking victims, identifying victims generally, identifying vulnerable populations, identifying traffickers, identifying where victims are found, identifying victim indicators, taking appropriate actions against TIP, [and] identifying factors of post-conflict and humanitarian vulnerability and protection measures for victims of trafficking. The awareness training is given via Military Services’ knowledge-on-line systems and Agencies’ Learning Management Systems… The training is also available on the Joint Knowledge Development and Distribution Capability website for use either in a formal training setting or on an individual basis. DoD CTIP awareness training is a part of the DoD pre-deployment training packages. Mobilization stations have theater-specific information, which is required to be added to the training. The general awareness training was recently made available on mobile devices. Troops can download a free app to their cell phones and iPads. The Advanced Distributed Learning Mobile Team showcased the DoD CTIP training running on iPhone, iPod touch, iPad, and Blackberry devices at the Interservice/Industry Training, Simulation, and Education Conference in November 2010.”
Evelyn Klemstine, assistant inspector general for audits in the Office of Inspector General at the State Department and Broadcasting Board of Governors, said, “The objective of our October 2011 audit was to measure the extent to which Department of State personnel and contractors were complying with laws, regulations, and policies established to prevent and detect TIP activities on department-awarded contracts. While the audit team did not find evidence ‘of any form of TIP involving department employees or contractors,’ it remains clear from the audit that the department must strengthen its approach to employing the ‘zero-tolerance’ policy regarding TIP. Specifically, we found that department employees in EAP [East Asian and Pacific Affairs] and the Asia-Pacific region were not uniformly aware of what constitutes TIP activity, the penalties for TIP violations, where to report allegations of violations, and how the TIP policy applies to department contractors…The audit team concluded that the lack of awareness occurred because the department had not established and communicated a formal TIP policy to its employees that included a definition of TIP activities and a mechanism for reporting suspected violations. In addition, although the department’s code of conduct prohibits employees from acquiring a commercial sex act and using forced domestic labor, it does not specifically address TIP, nor does it require employees to report suspected TIP violaitons. The lack of clarity in the code of conduct, compounded with the absence of knowledge regarding TIP-related activies, could lead to TIP violations, since many incidents go unreported.”
Nick Schwellenbach, director of investigations for the Project On Government Oversight, provided examples of trafficking violations by federal contractors: “In June, The New Yorkermagazine ran an in-depth article by Sarah Stillman on labor rights abuses against third-country nationals on U.S. contracts in Iraq and Afghanistan, including the abuse of two Fijian women – Vinnie Tuivaga and Lydia Qeraniu – who worked for Army Air Force Exchange Service (AAFES) subcontractors in Iraq. Vinnie and Lydia were, like many others, lured by promises of good pay. They were told by Meridian Services Agency, the local recruitment firm in Fiji, that they could each make up to $3,800 a month as beauticians in Dubai. They signed up and in October 2007 were on a plane to the United Arab Emirates. After arriving in the UAE, they and other women discovered their true destination: Iraq. According to The New Yorker, ‘Meridian had reportedly threatened some with more than a thousand dollars in early-termination fines if they left.’ Many of the women had gone into debt to pay their recruitment fees – quitting with another $1,000 added to their debt would have been crushing. In Iraq, Vinnie, Lydia, and the other women then learned that instead of making between $1,500 and $3,800 a month – the lucrative salary that lured them to a job around the world – that they would only make $700 a month. This amount was in turn further reduced to $350 a month. The contract they signed specified that they would work ‘Twelve hours per day and seven days a week.’ Their ‘vacation’ was a ‘Return ticket after the completion of the service.’ Appended to the contract was a legal waiver: ‘I willingly and of my own free will have decided to go and work in Iraq, and I declare that no one in Fiji or out of Fiji has approach me to work in Iraq…I am contented with my job…I want to complete my contract, till then, I will not go back home…New Yorker reporter Sarah Stillman also learned from the two women that one of the AAFES subcontractor supervisors had been repeatedly sexually assaulting Lydia. Stillman called the U.S. Army’s emergency sexual assault hot line several times over several days, but no one ever picked up.”
Sam McCahon, founder of McCahon Law, said, “In response to the focal question of this subcommittee, the Trafficking Victims Protection Reauthorization Act has not had any deterrent effect on labor trafficking on government contracts. Subcontractors and labor brokers have been exploiting and engaging in modern day slavery in support of U.S. government contractors for nearly ten years. The practice is unabated. Moreover, prime contractors have a history of turning a blind eye to the practice and lack any motivation to get involved in mitigation efforts. My first exposure to the prime contractor response to trafficking evidence occurred at a conference where I was a speaker. The conference was conducted in the summer of 2007 and was intended to discuss measures contractors could take to mitigation the trafficking practice. A Vice President responsible for contracting was asked what measures his company, a current LOGCAP [Logistics Civil Augmentation Program] prime contractor, was taking to mitigate the practice of trafficking on government contracts. He merely stated, ‘We have no privity of contract with the subcontractor’s employees, so it is not our problem.’ Unfortunately, that is the prevalent position taken by prime contractors. There are several mitigation measures the government can take to abolish human trafficking on U.S. government contracts. None of the measures will result in a budgetary impact. Together, they would have the effect of abolishing trafficking on government contracts. From a contract administration perspective, the government can shift the responsibility for abolishing trafficking by subcontractors where it belongs, with the prime contractor. This task can be accomplished in the solicitation phase of the acquisition cycle for contracts anticipated to use unskilled or semiskilled labor. The procurement contracting officer can require the prime contractor to provide a Trafficking in Persons mitigation strategy and recruiting plan to be evaluated as evaluation factors for award.”
Liana Wyler, senior analyst at the Congressional Research Service; Ambassador (ret.) Kenneth Moorefield, deputy inspector general for Special Plans and Operations for the Department of Defense Inspector General; Michael Howard, chief operation officer at the Army and Air Force Exchange Service; and David Isenberg, independent analyst and writer, also testified.
