India's Garment Challenge

Indian apparel exporters jittery over US allegations of child labour26 Jul 2010, 0624 hrs IST,Shramana Ganguly Mehta,ET Bureau

The Economic Times

HMEDABAD: The worst fears of Indian apparel exporters have come true. Big Brother US, which accounts for 30% of India’s apparel exports worth $10 billion, has labelled India as a country that uses child labour in garment manufacturing.

The stand poses huge reputational risk to India that supplies garments to the likes of Wal-Mart, GAP, H&M, Diesel, M&S and Levi’s, all of which swear against child labour. With this, India’s status as an exporter is reduced to the likes of Argentina and Thailand, countries far lower in ranking. However, India still has some hopes as yet another list on countries employing forced child labour is up for review in September, and Indian authorities expect to convince the US counterparts by then.

Indian garment exporting industry shot into the limelight for all wrong reasons in 2007 when child labour was found working on GAP’s contracts in New Delhi. A year later, shutterbugs captured child labour at Tirupur, the knitwear apparel cluster in South India, working on UK retailer Primark’s orders.

The US Department of Labor on Monday put garments from Indian origin in the Executive Order 13126 list, thereby labelling them as “products, by country of origin, which the Department of Labor, State and Homeland Security believe might have been mined, produced or manufactured by forced or indentured child labour”. Even as India pulled up its socks to prove innocence to the US through diplomatic & legal channels, it was perhaps too little, too late to prevent the damage.

The recent move by the US has left the exporters unsettled, just two months before they go under yet another scanner, namely The Trafficking Victims Protection Reauthorisation Act. Both the lists have something in common — the use of child labour by the garment industry.

That India finds mention along with Argentina and Thailand in the list and with Nepal (in case of embroidered garments) has shocked the apex body of apparel exporters, Apparel Export Promotion Council. AEPC knows it too well now that it will have some serious persuasion to do with the US authorities who are due to review the TVPRA list in September.

While AEPC has already come up with a draft common compliance code (code of ethics) for the industry, it has also entrusted the Northern India Textiles Research Association to submit a report on forced labor in the industry shortly. AEPC has maintained that the information relied upon by the US Department of Labour is outdated and inaccurate and that the Indian garment industry should not be included in the lists.

However, its attorney in the US Brenda Jacobs representing the Sidley Austin LLP would have some serious persuasion to do with the US authorities. AEPC chairperson Premal Udani is learnt to be flying to Washington DC on August 19 to hold meetings with US officials concerned.

Udani told ET that the Common Compliance Code would be in place by August, by which time AEPC would hold a series of seminars pan-India to educate not just the exporters, but also their sub-contractors about the code of ethics. “We also intend to reach out to all apparel clusters in the country so that they get their basics right,” he said. Majority of AEPC’s 8,000 members comprises SMEs.

Although the EO list is valid for one year, India is banking its hopes in the next meeting when it would try to impress upon the US about its seriousness to deal with child labour to get off the TVPRA list. “If we are able to get India out of the TVPRA list, we should hope to get off the EO list in future,” Udani added.

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In September, the United States listed India’s garment industry on their Executive Order 13126 Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor List, meaning that the garment industry in India is not free of child and forced labor. India is currently under a new round of examinations in which they hope to have their name cleared. Companies such as Wal-Mart, GAP and Levi’s have all made commitments against child labor, but these same companies also source from India. Many within the Indian garment industry are worried that continuing to have their name on the list of products with child labor will hurt the industry in the country and since the US is responsible for a third of the garment exports from India, there is reason for concern.

In 2007, child labor was discovered in Indian factories contracted to make garments for GAP. A year later, child labor was discovered at another factory with contracts from a UK company.

The Apparel Export Promotion Council of India (APEC) has written a code of ethics known as the Common Compliance Code by which the industry is to abide and expected to train exporters and their subcontractors on the code of ethics by August. The Northern India Textiles Research Association is expected to produce a report for APEC on child labor soon. India is convinced that the US’s decision to place them on the list is due to outdated information.

While APEC seems to have made steps towards ending child labor within the industry, particularly through the creation of industry standards, it is likely to be a difficult battle to have their name removed from the list so soon. Even if India were removed from the list, would the rest of the world be convinced that child labor in their garment industry is no longer a problem? Likely not.

Photo by Kay Chernush for the US Department of State

Conference on Child Trafficking and Exploitation in Chicago

From CHRC at Loyola University - Chicago:

Human Trafficking and Exploitation of Children and Youth in the United States

September 22-23, 2010
Loyola University
Philip H. Corboy Law Center
25 E. Pearson Street Chicago, IL 60611

This year, the United States celebrates the 10th Anniversary of the Trafficking Victims Protection Act. While the United States has made significant progress to eradicate human trafficking, children continue to be disproportionately underrepresented in cases identified. This demonstrates the need for a national, collaborative response to address the gaps in identification, protection, recovery, and prevention of child trafficking and exploitation. This conference is an opportunity to learn best practices, research, and scholarship on this issue, and stimulate ongoing work and partnerships in the field to protect the rights of children impacted by human trafficking and exploitation. Practitioners, scholars, government agencies, students, and community based organizations are encouraged to attend.Keynote Speakers: Senator John J. Cullerton and Kelly Heinrich, Counsel, U.S. State Department, Office to Monitor and Combat Trafficking in Persons.

Brought to you by the Center for the Human Rights of Children, in collaboration with the Criminal Justice Department, the Child Law Center, and the School of Social Work at Loyola University

Please visit the CHRC Website for more information. Conference agenda and registration information are forthcoming.

What Happens to Thailand's Sex Tourism During the Riots?

By Jessica Olien for Slate Magazine.

Downtown Bangkok has finally stopped smoldering, but a curfew is still in effect after anti-government protesters looted and burned downtown for over two months. The shaky calm has both Thai officials and millions of men all over the world asking: Is it safe enough for sex tourism yet?

Thailand's sex trade, which pumps millions of dollars into the Thai economy, has taken a big hit since the protests began this spring. Thailand was once paradise for these men—among them fetishists and pedophiles—but the spell has since been broken. No one really wants their exotic intercourse interrupted by machine-gun fire or beer runs inconvenienced by police checkpoints, although some are, of course, willing to live with it if that's what it takes. Frustrated sex tourists are now being forced to cancel their vacations or wait it out in their cheap rented rooms until the party starts up again. . .

Thailand "sexpat" forums are full of speculation on what will become of the country and how it will affect their lives of debauchery. Many of them are living on pensions and retirement. They don't want to move, but the violence seen over the past weeks and the unpredictability of the situation have left them uneasy and looking for alternative locations. Finding another place in Southeast Asia where sex is so easy and the locale for it so accessible is a tricky task. Thailand is a perfect blend of cheap, nonthreatening, and permissive. Thai people are extremely accommodating. As the men like to tell me, they will make your food "not too spicy," and they will giggle at your jokes even if they have no idea what you are saying. By comparison with surrounding countries, Thailand is more developed and has until recently always been considered quite safe. . .

I met a man named Terry who has been retired in Thailand for two years but isn't sure that he wants to hang around much longer. It's become kind of a pain in the ass, he explains. "You never know when the situation may make a turn for the worse, and then what? Go to Laos?" He gestures at the direction of the Mekong River. At about midnight, an adorable little girl who looks like she might be about 6 years old comes into the bar selling flowers. "Where else in the world," says Terry, "could I give that girl 1,000 baht, take her outside and do whatever I wanted to her?"

Click here to read the full article.

I have written in the past about the relationship between human trafficking, the environment, and natural disasters. As the devastation in Haiti demonstrated earlier this year, human traffickers can easily exploit situations of unrest. While the situation in Thailand is human made, many of the same dynamics are at work. This article demonstrates the complex relationship between unrest and human trafficking. Whenever there is a natural or human made disaster, we should consider the ways it is impacting human trafficking.

Education Professionals and Anti-Trafficking

In her book, The Slaves Across the Street, Theresa Flores recounts her experience of sex slavery while attending school. She notes that, despite extreme behavioral changes and other indicators, none of her teachers or other school professionals reported or spoke with her about her situation. Though Flores experienced violence at school from her controllers, went from a straight A student to a struggling student, and was threatened and manipulated in front of teachers by her traffickers, no teacher intervened.

Flores' case shows what can go horribly wrong when education professionals are not aware or trained to recognize human trafficking. They are also in a position to make an incredible difference when they are aware and trained. Benjamin Skinner tells the story of Little Hope, a young girl who was held as a domestic slave in Florida after being brought to the US from Haiti. In his book, A Crime So Monstrous, Skinner describes the horrible abuse endured by the young girl, who ultimately was able to escape her situation through a connection she made with a teacher at a modeling school.

Trafficking survivors, whether they are survivors of labor or sex trafficking, face extreme challenges that do not end after they get out of the trafficking situation. Many were unable to pursue education before leaving slavery, and many want to and need to pursue more education in order to gain economic independence. Education professionals need to also be trained to work with and meet the unique needs of survivors.

Last fall, the Department of Education released a factsheet for education professionals, including information on human trafficking, trafficking in the US, and what to do if you suspect trafficking is occurring. The factsheet also provides a list of redflags and potential indicators for trafficking, including indicators education professionals are in a unique position to be able to see or likely to encounter:

A victim:

• Has unexplained absences from school for a period of time, and is therefore a truant
• Demonstrates an inability to attend school on a regular basis
• Chronically runs away from home
• Makes references to frequent travel to other cities
• Exhibits bruises or other physical trauma, withdrawn behavior, depression, or fear
• Lacks control over her or his schedule or identification documents
• Is hungry-malnourished or inappropriately dressed (based on weather conditions or surroundings)
• Shows signs of drug addiction

Additional signs that may indicate sex-related trafficking include:

• Demonstrates a sudden change in attire, behavior, or material possessions (e.g., has expensive items)
• Makes references to sexual situations that are beyond age-specific norms
• Has a “boyfriend” who is noticeably older (10+ years)
• Makes references to terminology of the commercial sex industry that are beyond age specific norms; engages in promiscuous behavior and may be labeled “fast” by peers

This factsheet is a useful first step for educators, but like with most efforts in anti-trafficking, additional work is necessary. Education professionals need to be trained and supported to recognize and report trafficking and support potential victims and survivors. In some cases, they may be a victims only connection away from their traffickers.

Legislators Work to Improve Laws on Runaways

From The Gainesville Sun:
In Congress, Democratic leaders in the House and Senate are moving several bills that would improve how runaways are tracked by the police, increase spending to provide them with social services and promote methods for earlier intervention.

The Government Accountability Office, an auditing arm of Congress, initiated an investigation in December at the request of the Senate majority leader, Harry Reid, Democrat of Nevada, and Charles E. Schumer, Democrat of New York, into whether police departments are handling runaways properly. Lawmakers in at least 10 states have proposed or passed bills in recent months that focus on runaways by extending outreach efforts and shelter options and changing state reporting requirements so that youth shelters have enough time to win trust and provide services before they need to report the runaways to the police.

The bill, co-sponsored by Representative John Conyers Jr., Democrat of Michigan and the chairman of the Judiciary Committee, also requires the police to provide anyone who reports a missing person with information about the services provided by the National Center for Missing and Exploited Children and the National Runaway Switchboard. In many cases, the police said, they often did not take reports about runaways as seriously as abductions, and families were often unaware of other resources.

FULL ARTICLE

If anyone asks me what would be the greatest accomplishment that anti-human trafficking advocates have made in 2009, I would point to the legislators implementing new laws to better assist runaways and child prostitution victims as mentioned above. The experts and researchers have recognized the close connection between domestic minor trafficking and problems with runaway youths in the U.S. for decades. However, it is only recent that they were able to capture the attentions for the Congress. Often, children run away from their own homes because of feeling neglected. ( For more information on the root causes of runaway youths in the U.S., click here).

Though the state seldom will be better able to parent a child than the child's own parents. Nevertheless, it's valuable that law makers are paying a little more attention to the needs of the American youths who are at risk of being made human trafficking victims by other greedy and immoral Americans -- and that is a fruit of awareness raising efforts by advocates.

Picture taken by Ashley Gilbertson for The New York Times

5-year-old Shaniya Nicole Davis Found Dead, Mother Accused of Sex Trafficking

On Saturday, November 14th, North Carolina police charged Antoinette Nicole Davis with human trafficking of her 5-year-old daughter for commercial sex. According to CBS News, " North Carolina police now say that the mother of 5-year-old Shaniya Nicole Davis, who has been missing since Tuesday, forced her child into sexual servitude and prostitution. . . Fayetteville police charged Antoinette Nicole Davis on Saturday with charges including human trafficking, child abuse involving prostitution, filing a false police report and resisting, delaying or obstructing an officer. "

Read the Full Article here.

On Monday, November 16th, the girl's body was found. Charges have been filed against Antoinette Nicole Davis and Mario Andrette McNeill, who was charged with first-degree kidnapping. According to the Associated Press, "[police] said surveillance footage from a Sanford hotel showed him carrying Shaniya. Authorities said McNeill admitted taking the girl, though his attorney said he will plead not guilty."

Read the Full Article here.

According to CBS, "Lockhart [Shaniya Davis' father] and his sister, who live out of state, cared for the girl until last month, when she went to live with her mother. Davis had worked to get her life together and had been working for at least six months and gotten a place of her own, Lockhart said. . . 'She's a precious, little angel, full of joy," Lockhart said. "A little reserved when you first meet her, but once she gets to know you, she just runs around, plays and won't leave you alone.'"

Read the Full Article here.

WNCT, a North Carolina CBS affiliate, points out that, "As tragic and troubling as the Shaniya Davis case is, it’s perhaps just as troubling to know that it’s not an isolated incident. Investigators say human trafficking is the fastest growing criminal enterprise in the world."

Read the Full Article here.

Kansas City, Mo. Man Pleads Guilty to Attempted Commercial Sex Trafficking of a Child

According to a September 16, 2009 Department of Justice press release, a Kansas City, Mo. man pleaded guilty in federal court on Wednesday to the attempted commercial sex trafficking of a child.

Steven C. Albers, a forty-year-old insurance manager, was one of seven defendants indicted as the result of Operation Guardian Angel, an undercover law enforcement investigation targeting would-be customers of child prostitution in the Kansas City area. The indictments are part of the first federal prosecution of alleged child prostitution customers under the Trafficking Victims Protection Act.

The sting operation was conducted from March 5 to 7, 2009. The police advertised the "children" online at craigslist.org, although no children were actually involved. On March 5, Albers responded to a posting advertising "little girls available." The undercover officer told him that he had an 11-year-old and 15-year-old girl available. Albers told the officer that he would like to spend an hour with the 11-year-old, during his lunch break so that he would be able to drive from his office near the Country Club Plaza. Later he revised it to half an hour plus an extra $20 to go "bareback," i.e. to have sexual intercourse without a condom. The total price was to be $80.

The arresting officers emerged from a bedroom at the undercover house after Albers arrived and provided money to the undercover officer. Albers attempted to flee, but was apprehended in a neighboring yard.

Albers will be subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of life in prison without parole, and a fine of up to $250,000.

According to the website, although the Trafficking Victims Protection Act has previously been used to prosecute "pimps," these indictments are the first in the nation to charge "Johns" with attempts. At least three others arrested as part of the sting have already pleaded guilty, including a naval recruiter, a finance manager for an automotive dealership, and a truck driver.

For additional information from the sources of this article, please visit the following sites:
http://www.usdoj.gov/usao/mow/news2009/albers.ple.htm
http://www.usdoj.gov/usao/mow/news2009/oflyng.ple.htm
http://www.usdoj.gov/usao/mow/news2009/childers.ple.htm
http://www.usdoj.gov/usao/mow/news2009/cockrell.ple.htm
http://www.usdoj.gov/usao/mow/news2009/childers.ind.htm

"Be the Change" on Gandhi's Birthday

Here's a great chance to "be the change you wish to see in the world": the Kids with Cameras Foundation is looking for volunteers to host "House Parties for Hope" on October 2 - Gandhi's 140th birthday. Kids with Cameras is the foundation that grew out of the award-winning documentary Born into Brothels, which follows the lives of several children of prostitutes in Calcutta's red-light district who are given video cameras and taught how to use them. Through a partnership with the Buntain Foundation, Kids with Cameras is now working to build "Hope House," which is a "landmark endeavor to house up to 100 girls who are daughters of prostitutes from the same red-light district featured in the film. Hope House will give them access to on-site physical and psychological care, as well as formal mentorship from nursing students from an adjacent College of Nursing, all on a quiet, rustic campus on the city's outskirts. Each girl will have a full scholarship for private school education through high school, as well as access to computer labs, English language instruction and art, film and photography classes."

To complete the project, Hope House needs to raise the remaining $690,000 of its $1.2 million goal--and that's where you can help, by joining others from all over the world in hosting or attending a screening of Born into Brothels at a House Party for Hope. All proceeds from the house parties will go directly to Hope House's Capital Campaign.

Says Ross Kauffman, co-director and producer of Born into Brothels: "I hope all of the film's fans and our past supporters will join us in this unprecedented effort to raise the completion funds to build Hope House. It was a dream of ours as we made the film to have a place for these children to learn and grow. The dream is close to becoming a reality. There is no better way for anyone that watches the film and falls in love with these kids, just as we did, to make a difference in their future."

To learn more about hosting or attending a House Party for Hope, please visit http://www.kids-with-cameras.org/. For more information on Hope House, visit http://www.kids-with-cameras.org/school.