People are so worked up about this subject and I’m shocked that everyone seems to be ignoring something remarkable that’s happening. Did you know that while the world appears to be yelling at President Trump and listening to France and Germany denounce the US action as disturbing, yadda-yadda, etc. the Middle East is unifying? Stop and think about this for a moment. What country (besides Iran) wants Iran to have nuclear weapons? No one, not Egypt, not Jordan, not Israel…

Who in the United States wants Iran to have nuclear weapons? Isn’t your gut reaction to say, “No one?” But it’s not “no one” is it? For some reason, the same people that are typically against nuclear weapons and even nuclear power are in favor of Iran getting to keep an action that should legally be a treaty. People are FOR nukes, because Obama made it happen… really? Is that the “party” line?

Here’s why it’s important to ask the right questions. The position on Iran’s nuclear program was dead set against them enriching their uranium. This was such an important issue that the Stuxnet virus was created to infect the very centrifuges used to purify the yellow cake into a weapons grade material. We went from a position of Stuxnet, to the sketchy Uranium One deal (with all those obvious political pay offs), to paying Iran ~$1.4 Billion dollars, and granting every concession imaginable for an alleged “Inspection Agreement”. A deal that goes so far as to provide alert notifications and the inspectors have strict restrictions. Wait… What? A heads up that the surprise inspection is coming and then a limit to what the inspector can see…?

The entire Middle East is saying, “Thanks be to Allah” for President Trump. The Saudis and the Israelis AGREE (on anything is miraculous, but here) that a nuclear Iran is a bad thing. Shouldn’t we be happy about this amazing turn of events? This seems like the same script for the denuclearization of the Korean peninsula. I really believe these are histoic and wonderful times that will lead to the end of slavery around the world. We are already seeing an end to child marriage and even a change to laws such that when men rape little girls, they can’t turn around and force the victim into marriage to avoid the accusation of the crime. Yes, there are many despicable things still in this world, but we are seeing unprecedented change and this appears to be more than a glimmer of justice.

At the conclusion of World War II, during a time of reassessment and rebuilding, the modern human rights movement began to take shape. The efforts of scholars and diplomats that we can now see codified in internationally recognized standards and treaties, such as the Universal Declaration of Human Rights, are embedded into multiple individual governments. Even in the developing world, laws and national directives are made known, but the problem is still protecting the poor.

Recently, Gary Haugen, the President and CEO of International Justice Mission, a human rights agency that secures justice for victims of slavery, sexual exploitation and other forms of violent oppression, joined Victor Boutros, a federal prosecutor in the Civil Rights Division of the US Department of Justice in publishing an article for the May/June 2010 issue of Foreign Affairs, called, “And Justice for All: Enforcing Human Rights for the World’s Poor” full article here. Their findings are unfortunately anticipated. In short, the legal reforms and rhetoric of the modern human rights movement rarely improve the lives of those in need of the reforms. With the average income of the global poor reduced to US dollars, it’s not surprising that someone earning $1-2 per day may not be able to afford adequate legal service.

Naturally in many of the contemplated countries dealing with this level of poverty, there is little justice. Even in a more modern climate with a growing middle class, such as the nation of India, where cases are reported and referred to trial, there is such a shortage of public defenders that the backlog of cases cause tremendous delays. According to the UN Development Program, commonly the alleged offender will serve beyond the maximum sentence just while awaiting a trial date. It is estimated that at the current rate, it would take an absurd 350 years just to hear all the cases on the books in the courts of Mumbai, India alone.

How have these good intentions come to such utter failure? The current answer is inaction and a lack of resolve of the offending slave consumer countries to insist on compliance with the International Treaties that have been signed. Obviously if there are no consequences to breaking a treaty the contract is worthless. Looking back however, Gary Haugen and Victor Boutros conclude that the enforcement of these political, civil, economic, and human rights issues were left to utterly dysfunctional institutions developed during the colonial era to serve the elites and appropriated by new authoritarian governments at the departure of the colonial powers. So naturally these systems have had no success in protecting the poor – they were never designed to do so.

International human rights and NGO development organizations rarely focus on improving or building public justice systems that work for the poor. Donations and training efforts are primarily channeled toward transnational criminal issues, such as narcotics, arms trafficking, and terrorism. As such, most funding outside of these areas are by necessity subsequently devoted to anticorruption and good governance programs focused on reducing the theft or misappropriation of the aid dollars sent to strengthen the legal protections for business to stimulate commerce. As needful as it maybe to stop arms trafficking, little if any effort is exerted toward the daily struggles and lack of legal protection of the global poor. Therefore the trafficking of sex and labor slaves continues to flourish while the arms and drug trade have to become more and more sophisticated. Unfortunately, recent trends in organized crime are adopting the same level of military precision in the trafficking of weapons to the trafficking of humans. Inside national borders, the laws are on the books criminalizing forced prostitution and slave labor, but after 60-years of international discussion, the laws affecting the poor are rarely enforced.

The war is still on – declare war today!

Sources

• And Justice For All: Enforcing Human Rights for the World’s Poor, Foreign Affairs, Vol. 3, Number 89
• From Domestic Work to Modern Day Slavery, Office of the High Commissioner on Human Rights

By Roddy Howald

October 3, 2009

It should come to no surprise to any of us that the U.N.’s human rights lawyer, Joy Ngozi Ezeilo, is tying the global economic decline to a growing and anticipated thriving human trafficking problem. For all attempting to understand the modern day slave trade, we are equally nonplussed by the utter inseparableness between poverty and slavery. Poverty promotes a lack of pity or compassion toward others – the very definition of inhumane. As potential new victims become more and more eager to escape their impoverished surroundings they become more and more likely to buy into fanciful offers. The very offer of airfare and lodging is enough for some to take the risk on a chance for a new life.

Mrs. Ezello, in a report to the General Assembly, said that, “… less than 30 percent of trafficking cases – both internally and across borders – are reported to officials. Trafficking for purposes of labor exploitation is likely to escalate, particularly during the current global economic crisis and in the light of increasing poverty caused by massive unemployment and the tendencies of employers to use cheap labor in order to cut costs and maximize profits.”

Source: U.N. Report: Human Trafficking Likely to Rise Due to Economic Decline, Thursday , September 10, 2009

By Roddy Howald

September 28, 2009

Trying to stay on top of international political actions and law makers can be confusing.  Where to go for the best current information is always an annoyance.  However this article should point you in the right direction, but the real question that I believe people should ask in all of these discussions among nations is this, “Is there a War on Slavery?” To begin here’s a quick rundown concerning where the responsibility has landed in recent years.  On 1 January 2008, responsibility for servicing the Committee on the Elimination of Discrimination against Women has been transferred to the Office of the High Commissioner for Human Rights in Geneva.  However the CEDAW did not disappear, it’s just taken on more of a fact finding focus.

CEDAW

The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women.  Currently, the CEDAW Committee consists of 23 experts on women’s rights from around the world.

Member Nations whom are party to the treaty (States parties) are required to submit regular reports to the Committee to detail how the rights of the Convention are being implemented.  These reports provide the Committee with the necessary real world applications and ideas to address concerns and recommendations referred to as concluding observations.

Under the “Office of the United Nations High Commissioner for Human Rights” in a UN General Assembly, held on February 20, 2009, an important report was put forth on March 17, 2009.  The following quote is from page 5 of this 27 page PDF (click here to download).

Mandate of the Special Rapporteur on Trafficking In Persons, Especially Women and Children:

Overview of the Problem of Trafficking

“The world today is confronted with a huge human trafficking problem, driven by the same forces that drive the globalization of markets, as there is no lack of demand and supply. In varying degrees and circumstances, men, women and children all over the world are victims of what has become a modern day slave trade. As one of the fastest growing criminal activities in the world, trafficking in persons results in serious breaches of human rights and dignity of trafficked persons. The analysis of the questionnaire sent to Governments by the Special Rapporteur clearly shows that almost every country of the world is affected either as a source, transit, and/or destination country for women, children, and men trafficked for the purposes of sexual or labour exploitation (domestic servitude and bonded labour). Trafficking occurs within and across national borders, often with one consignment of people crossing many borders to reach their final destination.”

This report is extremely telling and should drive us to action.  Unfortunately as we are all learning in this fight – no country is exempt and as you we further glean from this report, the crime is changing once again.  While the focus of human trafficking tends to be sexual exploitation, unfortunately research is pointed toward the human as a commodity at a much deeper level – the removal of organs or “organ harvesting”.  Not only do we have the issue of people facing a life of pain, we now have the issue of life prematurely ending because they possessed genome markers compatible with the party making payment.

In a press release regarding the country of Japan on July 17, 2009 the special Rapporteur made this all encompassing statement:

“Nevertheless, the UN independent expert notes that there are challenges that Japan must address in order to effectively combat trafficking in human beings occurring within its borders and affecting both its citizens and foreign nationals.

Among them, the Special Rapporteur highlights the non-ratification of relevant international treaties; the unclear identification procedure which may lead to mis-identification of victims of trafficking; the lack of appropriate shelters with adequate assistance to victims of trafficking; the abuses within the foreign trainees programme; and the lack of appropriate training of and coordination among relevant law enforcement officials.

In this regard, the Special Rapporteur shared some preliminary recommendations, including the urgent ratification of relevant international treaties; establishing a national rapporteur office on trafficking; strengthening labour inspections; strengthening the services provided to victims of trafficking; creating a special fund for compensations; and improving partnerships between government agencies and NGO’s.”

My question or concern here is “the non-ratification of relevant international treaties”.  Wouldn’t you think that this would be an easy first step to take?  Perhaps it’s an egocentric problem of perception that I’m experiencing, but why is it that in the year 2009 slavery is still a problem that member nations of the UN are not addressing?   For example, the UN has a function and charter that all members are to abide by and furthermore we’ve had a dedicated Human Rights Commission for over 50 years now (the OHCHR).  Here is their stated mission:

“The United Nations Commission on Human Rights was established in 1946 to weave the international legal fabric that protects our fundamental rights and freedoms. Composed of 53 States members, its brief expanded over time to allow it to respond to the whole range of human rights problems and it set standards to govern the conduct of States. It also acted as a forum where countries large and small, non-governmental groups and human rights defenders from around the world voiced their concerns.”

Alright, well since it’s composed of 53 members, perhaps a nation can be a member of the United Nations and not abide Human Rights – or in our case here – stand against modern day slavery.  No, it appears that issue is covered in immediately in the UN Charter, which all Member Nations have to agree to and sign:

WE THE PEOPLES OF THE UNITED NATIONS DETERMINED
To save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and

To reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and

To establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and

To promote social progress and better standards of life … etc.

This is all before Article one.  The points listed above are simply the Introductory note after the Table of Contents.  Well that’s a bit like a Preface and since a lot of people skip over that perhaps it’s not that important, but wait there’s more.  The ever elusive Chapter one, Article one, which is as you will read below is only four points, two of which focus on human rights:

CHAPTER I

PURPOSES AND PRINCIPLES
Article 1

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.

Well again, just because that is the goal of the organization doesn’t mean that each member nation has to abide by these goals.  After all aren’t these ideals that nations are to aspire to?  Well it is a work of law so perhaps it depends how you read the matter.  So what does determine membership?

CHAPTER II
MEMBERSHIP

Article 4
1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

So it seems pretty clear.  If you are a member of the UN, you are accepted because your country has both the capacity and desire to further human rights, but yet if the Special Rapporteur is correct in his assessment, there exist member nations that are not even bothering to ratify relevant international treaties and are doing nothing whatsoever to deter (let alone prosecute) people trafficking human beings in and through their country.

As far as I can tell, despite all the good that is being achieved in this fight, the UN is not addressing Human Trafficking to the extent that it should.  There is no War on Slavery!  The view of people being another’s property is very much alive and well.  Worse still, the international body assembled for the purpose of furthering human rights is clearly turning a blind eye to the problem.  Just as we witness in the United States on hotly debated topics ranging from gun ownership to illegal aliens, it’s not the laws on the books that matter, it’s the laws that are enforced.  When the public cries out enough for the lack of competency, our elected officials answer the problem – not with decisive action, but with specially appointed task force discovery committees, press conferences for the newly appointed person or paper, and finally with more laws.

What is the point of having an international body, possessing specific aims and ideals, requiring potential member nations to have the needed qualities, but then ignore their ongoing acts of omission.  I think that most of us would agree that deciding to do nothing is an action.  Let us not DO the same.

For updates of blog postings you can follow Roddy Howald on Twitter at SlaveWar

Sources:

• United Nations Charter
• Division for the Advancement of Women, Department of Economic and Social Affairs
• Convention on the Elimination of All Forms of Discrimination Against Women
• UN General Assembly, 10th Session, Agenda Item 3, HR-10-16, Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development.