Security Firms Agree Not to Use Forced Labor

Private security companies sign code of conduct
THE ASSOCIATED PRESS November 9, 2010, 4:48AM ET
GENEVA

Major private security companies have signed a code of conduct pledging to respect human rights and the rule of law in conflict zones such as Iraq and Afghanistan.

DynCorp International, G4S and Xe Services are among the firms signing the code Tuesday in the Swiss city of Geneva. North Carolina-based Xe Services was formerly known as Blackwater Worldwide.

The code developed by industry and government representatives requires companies to ensure their employees "take all necessary steps to avoid the use of force."

It also forbids mistreatment of detainees, sexual exploitation and forced labor.

Signatories, non-governmental groups and governments who employ them still have to agree how companies' compliance will be monitored and by whom.

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Several major security firms gathered in Geneva to sign an agreement stating they would not allow their employees to use forced labor or engage in sexual exploitation. Several of these organizations have been in the news for an array of allegations about rights abuse violations including human trafficking. It does not provide much comfort that at this point no arrangement was determined on how this agreement will be monitored and enforced. These security forces provide vital services in Iraq and Afghanistan but are largely viewed as being above the law both in the communities they work in and by the American people. Despite their negative public image, this is a step in the right direction and the agreement has the potential to hold security firms accountable, but only if enforced.

Related Movements

Many diverse social justice, human rights, and anti-violence movements intersect with the anti-trafficking movement. Looking at the trafficking nexus in fields ranging from workers rights, to immigration issues, to the environment, to violence against women, provides insights into human trafficking, its causes, and important considerations for anti-trafficking efforts. This month, we explore some of those intersections.

Lauren: Internal Displacement and Political Refugees
Upon returning to NYU for my senior year, I decided to take a course in NYU’s journalism program concerning topics and issues surrounding the Middle East, which opened my eyes to two much larger issues that are still taking place in that region, internal displacement and political refugee. At the end of 2009 there were an estimated 3.8 million Internally Displaced Persons (IDPs) in the Middle East, according to the Internal Displacement Monoritoring Centre. Internal displacement occurs when a person is forced to move due to human rights violations or endangerment to their life, yet unlike political refugees who flee the country, internally displaced persons stay within that country’s borders. IDPs around the globe outnumber the amount of political refugees two to one, and yet this group is not guaranteed the protection or aid under the 951 Refugee Convention and the 1967 Protocol that political refugees are. Considering historical evidence of violence and terrorism that can arise from ostracizing groups of people from society, it seems negligent that the international community is not taking higher measures of precaution in providing aid to IDPs and refugees. I also cannot help but wonder, are internal displacement persons and political refugees not victims of Human Trafficking? Are they not subjected to the same human rights violations, violence, and subjection that would allow them the attention that human trafficking victims are allowed?

Jennifer: Domestic Violence and Sexual Assault
Domestic violence and sexual assault have many intersections with human trafficking. Victims of sex trafficking are also victims of sexual assault, and intimate partners may be traffickers for both forced labor and commercial sex. Insights into victims' mindsets and the ways that psychological coercion is used by perpetrators to keep victims from leaving pioneered in the domestic violence movement are also valuable for assisting trafficking victims. Understanding the cycle of violence and the ways that power dynamics are used in relationships to control people can help those assisting victims. Victim-centered approaches and empowerment approaches that were developed in the domestic violence and sexual assault contexts also provide a framework for helping trafficking victims. In many places that do not have specific anti-trafficking service providers, domestic violence and sexual assault agencies provide shelter and other services to trafficking victims. Many of these organizations have expanded their programs to include anti-trafficking work, in recognition of the intersections with domestic violence and sexual assault, as well as in recognition of the expertise that many of these organizations bring to assisting victims of abuse and violence.

Amanda: Anti-Sweatshop Movement:
While the anti-sweatshop movement has more broad range workers rights goals than the anti-trafficking movement, there are quite a few intersections between the two groups. Primarily, the industries that attract attention from the anti-sweatshop movement should attract the attention of the anti-trafficking movement. These industries are largely free from real outside scrutiny and therefore are "ideal" places to exploit workers or victims of trafficking. An additional intersection is in how we approach fighting the problem. One approach is through consumer power. The anti-sweatshop movement asks concerned citizens not to buy from companies that use sweatshop labor. More recently the anti-trafficking movement has asked supporters not to buy from companies whose product chains may contain slave labor (think electronics or the shrimp industry in certain countries). There are still many things to learn from the anti-sweatshop movement though, including effectively utilizing national media to draw attention to the issue, as they did with several major clothing and athletic wear companies.

Sexual Assault Awareness Month

April is Sexual Assault Awareness Month. In the Presidential Proclamation, President Obama states "Every day, women, men, and children across America suffer the pain and trauma of sexual assault. From verbal harassment and intimidation to molestation and rape, this crime occurs far too frequently, goes unreported far too often, and leaves long-lasting physical and emotional scars. During National Sexual Assault Awareness Month, we recommit ourselves not only to lifting the veil of secrecy and shame surrounding sexual violence, but also to raising awareness, expanding support for victims, and strengthening our response." While human trafficking and sexual assault/sexual violence are different and not conflatable, they have many intersections and connections.

Sex trafficking victims face brutal and repeated acts of sexual violence. Siddharth Kara, author of Sex Trafficking: Inside the Business of Modern Slavery, notes that rape is often used to initiate victims into sexual slavery (12). He describes "breaking" periods in India, since Mumbai "brothel owners [express] a preference for the girls who had already been broken. . . [t]he initiation period [is] thus a cold business decision. Break the girls first; enjoy greater profits later" (59). Kara also points out that rape, as well other forms of physical and sexual violence, can be used as punishment and to control victims throughout their entire time as sex slaves (193). In her book, The Road of Lost Innocence, Somaly Mam describes the horrific sexual abuse she endured as a sex slave in Cambodia, and writes that "the brothels have grown large and more violent. We find women chained to sewers. . . When I was young we were terrorized with snakes and heavy fists, but these girls suffer a more brutal sort of torture" (166).

While trafficking for forced labor may not have obvious connections with and does not always involve sexual violence, sexual abuse can be used as a method of control. A young woman who was trafficked to the UK for domestic servitude told authorities that she was sexually assaulted by her trafficker. According to Women and Global Human Rights, in Kuwait, "Because of the isolation and the stigma of sexual assault, most domestic workers face many obstacles and are deterred from reporting employer abuse to the authorities." Labor exploitation victims, particularly female migrant workers, are particularly vulnerable to sexual abuse.

Though human trafficking and sexual assault/abuse are different, they share similar dynamics and root causes. Understanding the intersections and connections between the two is important for addressing victims' and survivors' needs and tackling the roots of these forms of abuse. Ultimately, sexual violence and human trafficking both involve treating people as less than human, and involve using force and violence to achieve their ends.

Spotlight: Somaly Mam

Born to a tribal minority family in the Mondulkiri province of Cambodia, Somaly Mam began life in extreme poverty. With limited options as a severely marginalized ethnic group, and living in unimaginable despair, her family often resorted to desperate means to survive. This confluence of dire circumstances led to the unspeakable horrors that would mark Somaly's early years. Somaly was sold into sexual slavery by a man who posed as her grandfather. To this day, due to the passing of time and the unreliability of a wounded memory, Somaly still does not know who this man was to her. Yet his actions set her on an unimaginable path fraught with danger, desperation, and ultimately...triumph.

Forced to work in a brothel along with other children, Somaly was brutally tortured and raped on a daily basis. One night, she was made to watch as her best friend was viciously murdered. Fearing she would meet that same fate, Somaly heroically escaped her captors and set about building a new life for herself. She vowed never to forget those left behind and has since dedicated her life to saving victims and empowering survivors.

In 1996, Somaly established a Cambodian non-governmental organization called AFESIP (Agir Pour les Femmes en Situation Precaire). Under Somaly's leadership, AFESIP employs a holistic approach that ensures victims not only escape their plight, but have the emotional and economic strength to face the future with hope. With the launch of The Somaly Mam Foundation in 2007, Somaly has established a funding vehicle to support anti-trafficking organizations and to provide victims and survivors with a platform from which their voices can be heard around the world.




Learn more about the Somaly Mam Foundation

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.

Author Charged in Sex Trafficking Case

From the Journal News:

Author accused of keeping sex slave
Terence Corcoran and Sean Gorman
tcorcora@lohud.com

POUND RIDGE - A 65-year-old restaurant-guide writer is accused of bringing young women from abroad to his northern Westchester County home under the guise that they would work for him, then forcing at least one of them into sexual slavery.

Joseph Yannai is the author of "The International Who's Who of Chefs 2004-2005," was charged with one count of first-degree sex abuse and two counts of second-degree labor trafficking, both felonies, according to the county District Attorney's Office.

Police say Yannai lured the primary victim, a 21-year-old from Hungary, to work at his home as his personal assistant. But after she arrived Feb. 18, she learned the real rules of the house: that her e-mails and personal phone calls would be limited and that she would get no spending money or access to transportation, police said.

Then there was that other expectation, that Yannai "threatened and coerced the victims to perform sexual favors," District Attorney Janet DiFiore said.

The woman also came across photos of Yannai with other women in his bedroom and learned that there had been six or seven other young women from various countries who worked at his home, police said.

A second victim, a woman from Brazil, also was working there at the time, police said.

Before leaving Hungary, the primary victim had made e-mail contact with another Hungarian who lives in Pound Ridge, police said, and on March 11, the 21-year-old victim contacted that person, who helped her escape.

The woman then went to Pound Ridge police, who launched an investigation before turning the case over to state police.

Yannai, who lives with his wife and has no children, surrendered yesterday at the state police barracks in Somers, Investigator Cornelius Merritt said.

Yannai, who was arraigned in Pound Ridge before Town Justice Edward Hand, posted $100,000 bail and is due back in Town Court on June 22.

Authorities say the victim learned of Yannai's job offer through a Web site for au pairs. In e-mail exchanges that began in December, Yannai posed as a young woman who was his former employee, the prosecutor's office said.

The woman was told that she would work as a personal assistant to a 64-year-old businessman and had the option of being paid $2,000 a month to work for him but live elsewhere, or live in his home, all expenses paid, and receive $20,000 at the end of the year, authorities said.

She chose the latter, officials said.

Both the Brazilian and Hungarian women are now staying in a shelter, officials said.

Yannai faces a maximum of seven years in state prison if convicted of the top count.

Yesterday, Yannai appeared friendly and hospitable when approached by The Journal News at his home. Although he declined to discuss the case, he invited a reporter and photographer inside the home, offering them drinks, introducing them to his dog, Sadie, and giving them a tour of the spacious living room, which was adorned with leather furniture, and offered a view of the many lily pads floating in a pond out back.

"You're giving me the opportunity to say something I've wanted to say for the last who knows how many years: No comment," he said, referring questions on the case to his lawyer.

His lawyer, John Pappalardo, said Yannai denies the allegations against him.

"There certainly was no sexual abuse or sexual slavery in this case," Pappalardo said.

Several news crews were parked outside Yannai's home on Route 124 yesterday.

Neighbors said they were stunned by the allegations.

"I can't really imagine he's done anything wrong," neighbor Ellen Abisch said, adding that Yannai had told her he had au pairs living and working at his home.

Another neighbor, Katherine Biagiarelli, who lives next-door to Yannai, said that when she came home from work a couple of weeks ago, she saw police taking items out of his home.

"They took some computers out, some hard drives," Biagiarelli said, adding that she did not know Yannai personally.

Another neighbor, Nancy Mutino, who described Yannai as "very rich," said she's friends with his wife, Elena. Mutino said the allegations were surprising.

"That blows my mind because he has a lovely young wife - a really lovely, young wife," she said.

Two things that are really important about this case:

1.) This adds to what people in the counter-trafficking movement try every day to convey through awareness campaigns: there is no one face of a trafficker; no one profession; no one age group or ethnicity. Just because someone in your neighborhood is a respected member of the community with a family, does not mean this person is incapable of being a trafficker. This is not the only case where neighbors in a suburban setting were shocked to find someone they knew in their immediate area was exploiting people in his/her home.

2.) This case shows that labor and sex trafficking can happen at the same time or at the least, that sex abuse can happen while being trafficked for labor exploitation. Creating hard differences between the two types of trafficking can sometimes seem purposeless when we're confronted with cases like this. It's also important to understand that women are trafficked for labor exploitation, which is often overlooked or underreported.