RESPONSE TO THE OFFICE OF THE HIGH COMMISSIONER

UNCLAS STATE 112727

SIPDIS

E.O. 12958: N/A
TAGS: PHUM UNHCR
SUBJECT: RESPONSE TO THE OFFICE OF THE HIGH COMMISSIONER
FOR HUMAN RIGHTS REGARDING HRC RESOLUTION 11/3 - GENEVA
LOG 67-2009


1. Action request: Mission Geneva is requested to convey to
the Office of the High Commissioner for Human Rights (OHCHR),
the text of the letter in paragraph 3. This is in response
to Mr. Ibrahim Wani's letter of July 10, 2009, requesting
input from the United States on Human Rights Council
Resolution 11/3 on "Trafficking in persons, especially women
and children."


2. In paragraph 10 of the above mentioned resolution, the
HRC requests the Office of the High Commissioner on Human
Rights to "collect the views of member states on the
Recommended Principles and Guidelines on Human Rights and
Human Trafficking, as well as on experiences and emerging
good practices while applying them." A compilation of these
views will be made available in a report at the next Human
Rights Council.


3. Begin text of letter.

Mr. Ibrahim Wani
Office of the High Commissioner for Human Rights
Geneva, Switzerland

Dear Mr. Wani,

The United States welcomes the opportunity to respond to the
July 10, 2009 letter of the United Nations Office of the High
Commissioner for Human Rights. This response briefly
highlights some of our many efforts as well as some of our
challenges in combating human trafficking. For more
information, please go to
www.usdoj.gov/olp//human trafficking.htm to access the
Attorney General's Report to Congress and Assessment of U.S.
Government Activities to Combat Trafficking in Persons.

Question 1: Has your Government used the Recommended
Principles and Guidelines on Human Rights and Human
Trafficking in developing and implementing anti-trafficking
strategies and activities within your country? If so, has
your government found the application of a human rights-based
approach to combating trafficking effective in your
anti-trafficking efforts?
U.S. policy and legislation is largely consistent with the
Recommended Principles and Guidelines on Human Rights and
Human Trafficking. The centerpiece of U.S. Government efforts
to eliminate trafficking in persons is the Trafficking
Victims Protection Act of 2000(TVPA) (Public Law 106-386),
which took effect on October 28, 2000, and was further
amended in 2003, 2005, and 2008. This law criminalized all
forms of human trafficking with strong penalties.
Additionally, it provided a range of protections for foreign
and domestic victims of trafficking and it expanded the U.S.
government,s domestic and international assistance efforts.
Based on our experience over the last several years we have
found that pursuing a victim-centered approach is essential
to an effective national response to human trafficking.
Question 2: In applying the Recommended Principles and
Guidelines on Human Rights and Human Trafficking, what are
the experiences and emerging good practices which helped to
improve the measures taken to prevent trafficking, and
protect and support victims of trafficking? How has your
Government measured success in combating human trafficking
from a human rights perspective thus far?
The United States has federal, state and local taskforces
involved in combating human trafficking. The United States
established the President,s Interagency Taskforce on
Trafficking in Persons, which is supported by the Senior
Policy Operating Group, to oversee our national
anti-trafficking efforts. Since 2004, the U.S. Department of
Justice has funded 45 regional anti-trafficking taskforces in
25 states, that 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. The U.S.also conducts trainings, technical
assistance, and, in some cases, financial support to
anti-trafficking coalitions in over 25 localities to conduct
public awareness activities and mobilize local resources. An
additional 28 unfunded regional task forces were separately
created to focus specifically on the rescue and restoration
of domestic child victims of prostitution, which has resulted
in 818 children being rescued and restored since that program
began in 2003.
PREVENTION OF TRAFFICKING IN PERSONS

In 2004, the U.S. Government, through the Department of
Health and Human Services (HHS),launched the &Rescue and
Restore Victims of Trafficking8 campaign as a national
effort to raise awareness about human trafficking through the
media, coalition)building, and training. This campaign also
includes the National Human Trafficking Resource Center
(NHTRC),a national telephone and e-mail hotline that
provides assistance to victims of trafficking, law
enforcement, social services providers, and Good Samaritans
24 hours a day, 7 days a week. From December 2007 through
September 2008 alone, the NHTRC received a total of 4,147
calls, including 553 tips regarding possible human
trafficking incidents, 398 requests for victim care
referrals, 949 calls seeking general human trafficking
information, and 167 requests for training and technical
assistance. Of calls referencing potential trafficking
situations, 40 percent referenced trafficking of foreign
nationals, while nearly 18 percent referenced trafficking of
U.S. citizens or Legal Permanent Residents (LPR).
HHS also initiated a U.S. Domestic Trafficking in Persons
Notification Pilot Program to increase public awareness of
and victim assistance for U.S. citizen and LPR trafficking
victims. The Notification Pilot Program provided suspected
trafficking victims with information regarding benefits and
services for which U.S. citizens may be eligible, simply by
virtue of their citizenship. As a result, eight
participating NGOs identified 240 suspected U.S. domestic
trafficking victims, all of whom received HHS Notification.
Protection and Support for Trafficked Persons
In the U.S. experience we have found that restoring victims,
both physically and psychologically, provides the added
benefit of enabling them to more fully participate in a
successful prosecution of the people who exploited them.
Victims are the most important source of evidence. U.S.
juries are far more likely to convict a trafficker when they
can hear the victim testify firsthand as to the harm they
suffered at the hands of their perpetrators. Using the
victim-centered approach, U.S. law enforcement has continued
to earn the trust of trafficking victims and empowered them
to participate in the investigation and successful
prosecution of the traffickers.
There are trained professional victim-witness specialists and
coordinators in every federal investigative and prosecutorial
office, as well as in nearly every state jurisdiction, to
facilitate communication between law enforcement and
victim-witnesses, and to facilitate the effective
implementation of a victim-centered approach. It is the duty
of these coordinators to facilitate the provision of services
to the victim, and to minimize, insofar as possible,
unnecessary pain and inconvenience to victims and witnesses.
Foreign child victims of trafficking in persons, and foreign
adult victims who cooperate with reasonable requests for
assistance from U.S. law enforcement authorities, are
eligible for benefits and services under any federally funded
program to the same extent as an individual who is admitted
to the United States as a refugee. Victims may be eligible
to receive cash assistance; medical, dental and mental health
services; food vouchers; housing assistance; job search
assistance; career counseling; and occupational skills
training. Unaccompanied foreign child victims of
trafficking are eligible for specialized foster care and
receive comprehensive services, including intensive case
management, safety planning, medical and mental health
services, independent living skills, career/college
counseling, English language training, referral to pro bono
immigration legal services, social integration, cultural and
religious preservation, and family reunification services, if
appropriate. Similar benefits and services are available to
certain family members who are legally entitled to join them
in the United States. From fiscal year (FY) 2001 through FY
2008, 1,696 foreign victims of trafficking received
certification (adults) or letters of eligibility (for
children) from the Department of Health and Human Services
(HHS) to receive the benefits described above. Victims
awaiting certification are eligible to receive immediate
federal assistance through the HHS Per Capita Services
contract, which provides &anytime, anywhere8 case
management services to pre-certified and certified victims.
Currently, the contract has 105 subcontracts with NGO service
providers in 127 locations across the United States.
The United States has a long record of working
collaboratively with non-governmental service organizations
on a variety of victim issues. The TVPA requires that U.S.
federal agencies addressing trafficking issues engage in
consultation and advocacy with governmental and
nongovernmental organizations. Many of the services offered
to victims are rendered through grants and contracts from the
federal government to non-governmental service organizations.
These grants and contracts totaled $119 since 2004 when we
began tracking the funding levels for these domestic
programs.
U.S. federal law provides protection for trafficking victims
by prohibiting the release to the public of the names and
identifying information of trafficked persons and their
family members when the trafficking victims, safety is at
risk or they face a danger of additional harm. Federal law
also provides that all crime victims have the right to be
treated with fairness and with respect for the victim,s
dignity and privacy. Department of Justice officials are
barred from revealing any private victim information to
anyone who does not need to know it.
Federal law also permits a federal judge to close a courtroom
to all who do not have a direct interest in the case when a
child testifies or if the judge finds that requiring the
child to testify in open court would cause substantial
psychological harm to the child or would result in the
child,s inability to effectively communicate. Federal
courts are required to keep confidential any documents in
connection with a case involving a child victim or witness
that disclose identifying information about the child.
U.S. federal law provides mandatory restitution for
trafficking victims. Victims may also be eligible for
compensation from state crime victim compensation funds.
Federal law also allows for seizure and forfeiture of a
defendant,s assets that derive from illegal trafficking
activities. Finally, federal law specifically authorizes
trafficking victims to file civil lawsuits in federal court
to recover damages against traffickers.
Immigration relief for foreign victims of trafficking
The U.S. provides three types of immigration relief to
foreign trafficking victims. First, federal law enforcement
officials can seek &Continued Presence8 for victims to
remain in the U.S. temporarily if they may be potential
witnesses in an investigation or prosecution but lack legal
immigration status. An extension can be requested by federal
law enforcement. Since FY 2001, approximately 1,599 victims
received continued presence. Second, trafficking victims can
apply for a &T &nonimmigrant visa for themselves and
certain members of their family, which would allow them to
live and work legally in the U.S for four years. Since FY
2001, 1,544 victims and 1,404 family members received the T
visa. Third, certain crime victims, including victims of
trafficking and victims of certain other crimes, who have
suffered substantial physical or mental abuse while in the
United States may be eligible for a U nonimmigrant visa,
which would also allow victims to live and work legally in
the United States for four years. If law enforcement needs
further assistance from a victim-witness, an extension can be
requested. The Department of Homeland Security recently
published a regulation that will enable T and U nonimmigrants
to seek legal permanent residence in the United States.

Repatriation of victims of trafficking in persons
U.S. federal officials have assisted in maintaining housing
and victim benefits pending repatriation of witnesses in
trafficking investigations. Federal officials also have
assisted in the repatriation process itself by liaising with
foreign governments and NGOs to facilitate the victims,
return and to ensure that the victims are not re-trafficked.
The U.S. Department of State,s Bureau of Population,
Refugees, and Migration (PRM) funds the Return,
Reintegration, and Family Reunification Program for Victims
of Trafficking, which is carried out by the International
Organization for Migration. Since its inception in 2005,
PRM,s program has benefitted 250 persons from 35 countries.
Question 3: In applying the Recommended Principles and
Guidelines on Human Rights and Human Trafficking, what, if
any, are the challenges your Government has experienced in
achieving results to combat human trafficking?
The Department of Health and Human Services funded a
literature review titled &Human Trafficking Into and Within
the United States8
http://aspe/hhs.gov/hsp/07/Humantrafficking/
litRev/index.shtml which includes a section on challenges in
accessing and providing services. Challenges include:
availability of translators, especially if a victim,s native
language is unique; complications inherent in building trust
between a traumatized victim and his/her case manager;
victims, complex needs especially when a group of victims
strains an NGO service provider,s capacity; and ensuring
that all levels of law enforcement are trained to identify
and protect potential victims, rather than treat them as
criminals.

4. Department appreciates Mission's assistance.
CLINTON