Def Contractors Lobby Against US Human Trafficking Laws

On December 27th the Chicago Tribune ran a follow up to its Oct 8th series on the use of forced and coerced labor by sub-contractors of Kellogg, Brown, and Root entitled:“U.S. stalls on human trafficking: Pentagon has yet to ban contractors from using forced labor”

The article, written by Cam Simpson, describes how lobbying groups for US military contractors have been pressuring the Department of Defense to not implement President Bush’s “zero tolerance” directive, issued in February of 2003.

This directive, known as National Security Presidential Directive 22, states

“The Commander and Chief has decreed that all departments of the US Government will take a “zero tolerance” approach to trafficking in persons.”

According to the December 27th article in the Tribune:

“A proposal prohibiting defense contractor involvement in human trafficking for forced prostitution and labor was drafted by the Pentagon last summer, but five defense lobbying groups oppose key provisions and a final policy still appears to be months away.”

CorpWatch is running the Trib story without the need to register.

As mentioned, the piece is a follow up to an October series written by Cam Simpson that detailed fraudulent and coercive practices used to obtain menial labor for the US led war effort in Iraq.

According to the October Chicago Tribune series, US military contractor Kellogg, Brown, and Root, has tapped into a “pipeline” of cheap labor that has existed for decades in the Middle East. Along with fraud and coercion, the article described widespread de facto debt bondage coupled with the confiscation of foreign workers’ travel documents on US military bases.

Confiscation of travel documents is a federal crime in the US, when used in furtherance of human trafficking activities.

As some Booman Tribune readers know, an audio interview with Cam Simpson, concerning his October series, is available in mp3 format on the tradio21 web site. If you have the time, I think you will find Cam has a very troubling and compelling story to tell.

As per the interview, Cam states that practices regularly condemned in the US State Department’s annual Human Rights Report and the Trafficking in Persons Report are believed to routinely be used to obtain workers for the war effort in Iraq.

The Military Extraterritorial Jurisdiction Act (MEJA) was passed in 2000 to allow prosecutions of federal contractors who violate US law outside of US territory. If the country the violation took place in is unwilling or unable to prosecute the crime, under MEJA, the US Department of Justice can pursue prosecution of the crime.

One motivation for the passing of MEJA was the revelation that several DynCorp employees involved in Bosnian peacekeeping efforts were found to be buying women and girls. The DynCorp employees were never prosecuted.

In one case, according to a report from the Criminal Investigations Division of the Department of Defense, an employee of DynCorp told investigators that he had purchased a young woman and an Uzi 9-millimeter automatic submachine gun in a package deal from a local brothel owner. In a sworn statement, the DynCorp employee claimed that he had bought the young woman to free her, and that she lived with him, “as a housemate.”

Without interviewing the woman, the investigators accepted the contractor’s story as truth. He was found guilty of illegally purchasing a weapon.

One woman from Moldova was interviewed later by a UN police station in another country. She reported that a U.S. contractor in Bosnia had been her last “owner,” that she had lived with him like a prostitute, that he had returned her passport, which he had held, only before returning to the United States on a weapons charge.

The whistleblower, Ben Johnston, was also a DynCorp employee. He reported that eight of his DynCorp colleagues had allegedly purchased women and girls in 1999 and 2000. Some had used the women for sexual services and as domestic servants.

From Salon magazine:

“Ben Johnston recoiled in horror when he heard one of his fellow helicopter mechanics at a U.S. Army base near Tuzla, Bosnia, brag one day in early 2000: “My girl’s not a day over 12.”

The man who uttered the statement — a man in his 60s, by Johnston’s estimate — was not talking fondly about his granddaughter or daughter or another relative. He was bragging about the preteen he had purchased from a local brothel.”

After Johnston leveled these charges against his fellow employees, DynCorp fired him. Johnston sued. In August 2002, DynCorp settled with him for an undisclosed sum.

Because MEJA did not exist at the time, the Department of Justice did not have jurisdiction over the incident.

To date there are no known prosecutions of trafficking offenses of Department of Defense contractors.

As per this recent article in the Tribune, language that would make the use of victims of trafficking, or the furtherance of trafficking activities, a clear violation of a Defense Department contract cannot get implemented because there would be “…a clash between mission execution [of the contract] and policy execution.” Thus the lobbying groups are “…looking for a little flexibility.”

As per the article

“Alan Chvotkin, senior vice president and counsel for the Professional Services Council who drafted the contractors’ eight-page critique of the Pentagon proposal, said it was not realistic to expect foreign companies operating overseas to accept or act on U.S. foreign policy objectives.”

In 2003 the Trafficking in Persons Victim’s Protection Act of 2000 was amended to include language that mandated the President to ensure termination clauses be included in federal contracts for “major functional project, programs, or activities abroad.” These termination clauses would allow the overseeing federal department to rescind a contract if the contractor or any subcontractor of the primary contractor engaged in trafficking, procured a commercial sex act, or used forced labor in the performance of the grant, contract, or cooperative agreement.

As per the recent Chicago Tribune article, to date the President has not performed his responsibilities in accordance with US human trafficking laws.

Cam Simpson’s October series revealed the possibility of numerous victims of trafficking being used to service US military bases in Iraq. Because no investigation is taking place the number is simply unknown.

Neither Congress nor the State Department has uttered a word about this matter. No request has been made to the Department of Justice to investigate.

A version of this has been cross posted on tradio21, Kos and the European Tribune

Debt Bondage, Fraud, & Coercion on US Bases in Iraq

In October the Chicago Tribune published a series of articles that described fraudulent and coercive practices routinely being used to obtain menial labor for the US led war effort in Iraq.

According to the series, US military contractor Kellogg, Brown, and Root, a subsidiary of Halliburton, has tapped into a “pipeline” of cheap labor that has existed for decades in the Middle East. Practices the US State Department regularly condemns in the annual Human Rights Report and the Trafficking in Persons Report, are now routinely being used to obtain workers for the war effort in Iraq.

Along with fraud and coercion, the author, Cam Simpson, and his colleague, embedded journalist Aamer Madhani, found on US bases in Iraq widespread de facto debt bondage coupled with the routine confiscation of foreign workers’ travel documents.

I maintain a website on topics related to human trafficking. I conducted an audio interview with Cam two weeks ago to discuss his findings. I have posted this interview on the tradio21 web site. [ 15MB mp3 format ]

I found Cam to be very articulate. I believe he has a compelling story to tell that will hopefully get more attention.

To date there has been no response from any US government agency on the matters described in the Chicago Tribune series.

More details on the story below the fold.

In August of 2004, 12 Nepalese men were abducted and killed in Iraq by the terrorist group the Army of Ansar al-Sunna. The men were on their way to begin work on a US military base in Iraq for subcontractors of Kellogg, Brown, and Root.

Chicago Tribune’s Washington based correspondent Cam Simpson became intrigued with the story of these twelve men and wanted to learn how they came to be executed on the doorstep of the American military in Iraq.

Cam Simpson along with photographer Jose More retraced the steps of the men up to their execution in August of 2004. What they found was a story of 35,000 – 48,000 menial laborers, mostly impoverished men from South and South East Asia.  

The two part Chicago Tribune series centered around a Nepalese man, Bishnu Hari Thapa, who was promised a job at a five star hotel in Jordan. To get the job he was required to pay a series of job brokers a significant sum of money.

Upon arrival to Jordan, he learned there was no job in Jordan, nor had there ever been one. His final job broker in the chain had always planned on sending Bishnu Hari, and the other eleven men, to Iraq to work for contractors who were hired by Kellogg, Brown, and Root. Finding himself deeply indebted, Bishnu Hari had little alternative but to continue on to Iraq.

Along with this two part series, is an article entitled U.S. Cash Fuels Human Trade,  written by Cam Simpson and Aamer Madhani, a Chicago Tribune journalist embedded at Camp Liberty in Iraq.

The article claims that

“American tax dollars and the wartime needs of the U.S. military are fueling an illicit pipeline of cheap foreign labor, mainly impoverished Asians who often are deceived, exploited and put in harm’s way in Iraq with little protection.”

The article goes on to detail the confiscation of foreign workers’ travel documents.

“All of the South Asian workers said PPI [ KBR subcontractor Prime Projects International ]  took their passports upon arrival. Western supervisors for PPI at the camp said the company keeps workers’ passports for safety reasons. The supervisors said they feared if documents were lost, it would be difficult for laborers to get new ones, as most of their countries do not have embassies in Iraq.

Veerus, an Indian laborer who spoke on agreement that his last name not be used, said workers insisted they could care for their passports. But Veerus said PPI responded with an ultimatum: They would not be paid until PPI had their passports. Other workers at the camp suspected the firm kept the documents for another reason.”

Confiscation of travel documents is a common pratice of traffickers and a crime under US law when used to “further” human trafficking activity.

In the interview posted on tradio21, Cam describes an incident in which the Nepalese foreign minister was sent to Kuwait to rescue four dozen Nepalese workers from being sent into Iraq. These men were given an ultimatum either go to Iraq or be put out into the streets of Kuwait with no food, water, money, and no way home.

Another audio interview with Cam can be heard on NPR’s Fresh Air.

-A version of this was posted earlier in the week on European Tribune