TESTIMONY BY STEVEN R. GALSTER, DIRECTOR OF GLOBAL SURVIVAL
NETWORK BEFORE THE COMMISSION ON SECURITY & COOPERATION IN EUROPE,
6/28/99
Thank you, Chairman, and other members of this Commission, for
inviting me here today to speak briefly about the trafficking of women
and girls for sexual exploitation in CSCE states. I have been asked by
your commission to share my perspectives on this issue, as well as my
views on how the United States Government can best assist in the fight
to eliminate the trafficking of women and children in the CSCE region.
The organization that I direct, Global Survival Network (GSN), has
conducted in depth field research into this issue since 1995. Much of
our research has focused on the former Soviet Union and Europe, and
more recently, parts of Asia and the United States. Our most recent
investigation into human trafficking on Saipan, a US territory, was
profiled on ABC television's 20/20 several weeks ago.
First a word about GSN's approach to this issue and our research
methodology. GSN initially viewed the trafficking of women and girls
for forced prostitution in its own special category that required its
own special attention. However, our own investigations into human
trafficking operations revealed that the victims of sexual trafficking,
sweatshop labor, domestic servitude, and other forms of forced labor,
are all victims of the same kinds of labor and human rights abuses.
The mechanisms of trafficking and the forms of abuse are quite similar.
We even discovered some networks that trafficked women for sexual
slavery, while trafficking men for other forms of forced labor, using
the same channels and methods. I am not saying that being sold into
sexual slavery is the same thing as being sold into a sweatshop. I AM
saying that the victims in both cases are slaves; the traffickers are,
in both cases, violating existing labor and human rights laws and
treaties; and the traffickers are in both cases inflicting deplorable
psychological and physical abuse.
In 1995, GSN launched a trafficking related investigation, which lasted
2 years and took us to numerous countries, including China, Germany,
Switzerland, Japan, Macau, Canada, and the United States. Our focus was
on the trafficking of women and girls from the former Soviet Union
(NIS) for forced prostitution. We established a US-based dummy company
that purportedly specialized in importing foreign women as escorts and
entertainers to the United States. Under the guise of this company,
GSN successfully gained entree to the operations of a number of
international trafficking networks based in Russia and beyond.
I will summarize what I saw during our investigation and what we
concluded in our report, as it relates today to your focus on
trafficking.
First, however, let me clarify that the definition we use for
"trafficking," -- again based on what we have seen in our research--
includes the use of deception, coercion (including the use or threat of
force or abuse of authority) or debt bondage, or all of the above.
Often the word "trafficking" is used to describe a situation when an
independent woman pays someone to help get her from one country to
another where she can find work as a sex worker, while controlling her
own movements and earnings. That is not trafficking, in our view; that
is facilitated migration.
This relates to my first observation:
1. We found 4 types of women and girls involved in the sex
trade, many were victims of sexual slavery, some were not:
first type: those who had been completely duped and coerced into being
sex workers. These women/girls expected to perform some other line of
work. Many of them came from rural areas, and I noticed many from
Ukraine;
second type: those who were told half-truths by their recruiters about
their employment. For example, they may have been told they would
have to dance and strip for clients, but not that they would be
expected to perform extra services (like having some form of sex with
the client), and/or that the sums of money they were promised were
completely fictitious. In most cases, these women experienced little
to no freedom of movement outside of work because they had been put
in debt bondage circumstances and were not allowed to keep their own
passport.
third type: those who were adequately informed of the type of work
they would be performing, did not want to do it, saw no viable
economic alternative, and therefore knowingly relinquished control
to their trafficker who exploited their economic and legal situation
for financial gain, while maintaining the women in debt bondage
situations as described above; and finally,
fourth type: there were those women who were adequately informed of
the type of work they would be performing, were not uncomfortable
performing it, and were in control of their finances and had
relatively good freedom of movement. Under the definition of
trafficking that I cited above, this type of woman would not have
been trafficked.
2. Recruitment Practices were nearly uniform for women in
the first 3 categories:
-Those who were completely duped and/or coerced had responded to public
ads or word of mouth offers to work abroad as waitresses, au pairs,
entertainers, and the like. Behind the newspaper ads, or word of mouth
offers, is usually a small to medium size company, which is often not
legally registered, run by as few as 2 people who, through their local
and international contacts, arrange visas and transport from the
country of origin to the country of destination.
-Those who were adequately informed of the work they would perform
(while uncomfortable with being a sex worker, but seeing no viable
economic alternative), often found the work opportunity through a
friend who was also going abroad to be a sex worker, or had already
been abroad in this capacity.
3. Modus Operandi of Trafficking Networks:
Trafficking networks vary in size and nature. A trafficking network can
range from a 4 person show to a large operation. I saw apartment-based
operations in Moscow and Vladivostok, where one or two people would
recruit women and send them abroad to a place where they had a business
associate who ran a night club/brothel. I saw larger groups that
operated out of Russia-based travel agencies that had travel agency
partners abroad involved in the scheme. I also saw a marriage agency,
financially backed by a Mafia bank in Moscow, that was, in addition to
facilitating marriages, trying to traffic women to Canada and import
women from Thailand. The variations go on.
Main features of the way all of these trafficking networks operate
include the following:
-Up front financial arrangements between trafficking associates:
verbal or written contracts are struck between a trafficker in the
country of origin and the trafficking associate in the country of
destination which stipulate a lump sum payment from one party to the
other for the sale or rental of the woman/girl based on the amount of
time she is used for sexual purposes. For example, a Russian
trafficker I met was being paid by her Australian associate
$2,000/woman for every week the trafficked woman stayed in Australia.
-Preference toward total control over the sending and receiving
operations. Many trafficker prefer to keep their operations tightly
controlled within their own group, allowing them to control both ends
of the trafficking route. For example, a small Turkish trafficking
group I met, based in Berlin, travelled to Latvia, where they recruit
and transport women back to Berlin, setting them up in inexpensive
apartments for sexual visitations. By the way, one of the women they
recruited told me she had been promised a job as a dancer, not as a sex
worker.
-Contracts or Verbal Agreements are established with the trafficked
woman/girl: traffickers create verbal or written contracts with the
woman/girl being trafficked, including sums of money promised, and
warnings of financial and other penalties that will be incurred if she
fails to follow the rules of her boss. The sums of money promised are
usually fictitious. The warning about penalties are not.
-Many trafficked woman enter the country of destination with legal
documents, secured in duplicitous ways. Through their international
contacts, the traffickers secure paper work to get a legitimate visa
for the woman/girl to enter the country of destination. The paper work
will be a letter of invitation to work, study, or tour in the given
country of destination. The paper work will come from a legally
registered company, like a travel agency, restaurant, club, etc. This
mebans, for instance, that the small group of Turkish men mentioned
above, might control or be connected to a travel agency or restaurant
in Berlin which is legally registered and can write a legal letter of
invitation, which is used to get her a tourist or work visa to come to
Germany. I met women in the New York area who had paid $5,000 for a
student visa, secured from a midwestern university, and $1,000 for
their plane ticket to the US, where they were told they would get some
kind of job. After their first 2 weeks, in which they sat in a crowded
apartment, they were told that they would be strip-tease dancers.
-Recruitment Fees are always demanded: Traffickers promise the
woman/girl a job, but she must pay him for this opportunity to work
abroad. Since most of the women/girls do not have the kind of money
demanded of them, they are given the opportunity to work off their
debt. Alternatively, the woman/girl can borrow the money up front at
usurious interest rates, either from the trafficker or a money lender.
-Girls can have their passports forged. For example, one trafficking
network told me how they forge underaged female's passports to show
they are adults, simply by paying someone in Russia's Foreign Ministry
$800. In another case, I met a Russian woman trafficked to Germany who
was carrying a Polish passport, secured through a criminal structure
linked to the traffickers. Polish citizens can travel to Germany for
short periods of time without a visa.
-Once having transported the woman to her destination of work, the
traffickers take away her passport and keep it;
-The traffickers also keep control over her earnings, paying her
whatever and whenever they want;
-Peonage is often exercised gradually. In almost all cases we reviewed
in our investigation, which numbered more than 50 women (only a few
were girls), control over their freedom of movement and control over
their own money and bodies was taken by traffickers and pimps
gradually. The fact that the women and girls had been duped and/or
coerced into performing services they did not want to perform, or work
longer hours under bad conditions for little to no money, did not occur
to them for several weeks or more, by which time they are stuck and too
tired and afraid to fight their boss(es). They become fixated on the
need to repay their debt and make some profit for themselves --and
often their families back home.
4. Trafficked Victims' Fear of Authorities --even NGO's--is
Widespread, especially among NIS-based Women:
For 3 main reasons, all the women and girls we met who had been
trafficked from the NIS feared taking their case to local police
because:
a. having lived under formerly autocratic and now corruption-laced
governments, the victims of trafficking feared the police as much as
they feared their trafficker and/or pimp. They did not trust either,
but they still felt they had to hide behind their trafficker for fear,
ironically, of being turned in by him --or her;
b. the notion of "non-governmental" organization (NGO) was alien to
the victims, and suspected of being linked to the government.
Therefore, few women from the NIS region would seek health or
counseling assistance from local groups. This is changing in some
countries where local NGO's have improved their outreach
capabilitites;
c. the victims realized that if they revealed the nature of their
work, they could be deported for working illegally as an alien, and as
a prostitute. Deportation, while seemingly an option for escape, would
actually lead to retribution by the trafficking network, which would at
the very least call in the sizeable debt incurred by the victim who
agreed to the contract mentioned earlier. Even worse, by going to the
police, the woman puts her life in danger. There have been cases where
these women have been threatened, beaten, and even killed by
traffickers.
Recommendations:
I believe the US government is now moving in the right direction to
combat trafficking on US soil and abroad. This is an enormous problem
that cannot be tackled overnight. Still, I think more can be done
faster, so long as enough resources are made available, resources are
used more effectively, and law enforcement authorities are enabled to
negotiate with victims in good faith, in order to successfully
investigate and prosecute traffickers. Specifically, US policy on this
issue should emphasize the following components:
1. Increase Public Awareness. Equipping women
and girls at risk with information about the nature and dangers of
trafficking is a vital part of combatting trafficking. Traffickers
prey on those who are cut off from the realities beyond their own
cities or villages. Effective public awareness efforts should be
channeled through grass-roots organizations and via mass media outlets
that reach far and wide. USIA and USAID grants can, and are now, being
made available for this kind of work. I would like to see more of the
public awareness design work, and money for these programs, being
controlled by local organizations.
2. Increase Economic Opportunities for Women at
Risk: Traffickers also prey on economically desperate women
and girls. Some of the women and girls may know that traveling abroad
with an unknown comany, or working as a stripper or sex worker, can be
dangerous. But they are desperate for the money and willing to take
risks. US foreign aid to NIS countries should emphasize economic
opportunities for women. US government grants and loans should also
focus on developing local capacity to shelter, counsel, and train
victims and potential victims of trafficking. Again, these grants and
loans should have a stipulation that overseas implementors have an
equal voice in how programs are designed and how the money is spent.
3. Emphasize National Civil Rights Laws and International
Human Rights Treaties in Anti-Trafficking Enforcement
Activities. Women and girls forced into prostitution -- and
those who chose it-- are just as entitled to civil and human rights
protection as the next person. In many CSCE states, women in general
--especially women who are willing or even unwilling sex workers-- are
deprived of these rights and treated as second class citizens. When
they are mistreated, cheated, beaten, raped, or even killed, the
attitude is often "well what did she expect getting into a business
like this?"
It is worth recalling the existence of several international,
anti-slavery instruments, which should be taken into account before
OSCE states create new laws or agencies to fight slavery:
* Slavery Convention of 1926
* 1956 Supplementary Convention on the Abolition of Slavery, the Slave
Trade and Institutions
and Practices Similar to Slavery;
* International Laboour Organization Conventions on Forced Labour (No.
29), Abolition of Forced
Labour (No. 105), On Freedom of Association (No. 87),and Protection
of Wages (No. 95);
* United Nations Convention on the Protection of the Rights of All
Migrant Workers and
Members of Their Families
* United Nations Convenetion on the Elimination of All Forms of
Discrimination Against
Women (CEDAW)
* Unversal Declaration of Human Rights; and more.
4. Apply these civil and human rights laws/treaties to
immigration laws too: Traffickers benefit from most CSCE
states' existing immigration laws. In most countries, authorities are
obligated to arrest and deport alien women, girls, men and boys found
to be working illegally, even if it may appear they are working under
force or duress. The trafficker often escapes justice, largely because
the witness has been sent home. With more unwitting victims widely
available, the trafficker knows that he/she can continue his/her
profitable and relatively risk free business.
A more humane, and I believe effective, response to trafficking would
provide a victim with a stay of deportation for at least the period
during which the investigation and potential trial against the
trafficker takes place. In the case of sex trafficking, during her
stay, the woman should be provided shelter, food and counselling, and
be allowed to apply for asylum if she can demonstrate that she risks
facing physical danger by returning home. Women who have been
victimized in the most brutal ways should not be further endangered and
humiliated by a strict, undiscerning immigration law. Also, don't
forget that these women are potential sources of information that aid
law enforcement actions against organized crime groups. But they must
be guaranteed protection. This point cannot be overemphasized when
talking about potential witnesses who are under the control of large or
small organized crime groups from the former Soviet Union.
5. CSCE governmental policies should recognize forced
prostitution as a form of forced labor, instead of treating it in a
separate category. Regardless of a nation's laws on
prostitution, a woman or girl who is lured into a forced prostitution
situation is enticed, trapped and abused the same way a woman, girl,
man or boy is trafficked to work as a domestic servant, or sweatshop
worker. They are all deceived about their pay, they are all kept under
tight control with no practical legal recourse for help, and they are
all robbed of their human rights. Furthermore, each of these types of
victims are subject to similar psychological and physical abuses, and
they are often trafficked through similar channels, sometimes by the
same networks.
6. Train governmental personnel in the realities of, and
appropriate responses to, trafficking. These personnel
should include: police, immigration, domestic violence hot line
operators, and embassy personnel. The current administration has
reached out to the local and international human rights and women's
right communities on this issue, and as a result we have seen a
sincere, effective exchange of information that has benefited everyone.
My organization, for instance, has provided training to US embassy
personnel, California police, Albanian officials and NGO's, and others.
Other groups have done the same. This kind of exchange should continue
and expand across the United States and other CSCE countries.
I will be happy to answer any questions you have about the above
testimony, as well as questions about how U.S. policy on this issue can
be improved.