POGO-March 27, 2013
“The Federal Acquisition Regulatory Council (FAR Council) is in the enviable position of implementing Executive Order (EO) 13627, “Strengthening Protections Against Trafficking In Persons In Federal Contracts,” and Sections 1701-1709 of the National Defense Authorization Act, Public Law 112–239, the “End Trafficking In Government Contracting Act” (ETGCA). Those initiatives lay out detailed anti-trafficking rules that will prevent U.S.-facilitated trafficking occurring abroad. The Project On Government Oversight has urged the FAR Council to implement the strongest possible prohibitions on trafficking in persons (TIP), but you can help too.
POGO is asking that anyone concerned about government-facilitated TIP, please send this action alert to Administrator Joseph Jordan, of the Office of Federal Procurement Policy, who heads the FAR Council. Administrator Jordan and other FAR Council members will be designing a proposed rule, and we need to ensure that it doesn’t stop short of the government’s mandate to have a zero-tolerance policy on trafficking.
TIP has been an area of focus for years within the Departments of Defense and State, the Commission on Wartime Contracting, Government Accountability Office, and Congressional Research Service. They have all recommended ways to deter and eliminate the problem. And Congress is well aware of the problem.
Despite those efforts, we still hear of hideous schemes perpetrated by loan sharks, recruiters, and contractors at all tiers.”
From The Department of State:
“U.S. Laws on Trafficking in Persons”
“The Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), the Trafficking Victims Protection Reauthorization Act of 2003 (H.R. 2620), the Trafficking Victims Protection Reauthorization Act of 2005 (H.R. 972), and the Trafficking Victims Protection Reauthorization Act of 2008 (H.R. 7311) provide the tools to combat trafficking in persons both worldwide and domestically. The Acts authorized the establishment of G/TIP and the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons to assist in the coordination of anti-trafficking efforts.”
emphasis on applicable domestic laws
a kind of google for fed.gov.
“DEPRIVATION OF RIGHTS UNDER COLOR OF LAW”-DoJ
“Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.”
“Conspiracy Against Rights, 18 U.S.C. § 241. Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime. The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.”
listed under Offical Misconduct:
Under Human Trafficking:
Peonage, 18 U.S.C. § 1581. Section 1581 of Title 18 makes it unlawful to hold a person in “debt servitude,” or peonage, which is closely related to involuntary servitude. Section 1581 prohibits using force, the threat of force, or the threat of legal coercion to compel a person to work against his/her will. In addition, the victim’s involuntary servitude must be tied to the payment of a debt.
Involuntary Servitude, 18 U.S.C. § 1584. Section 1584 of Title 18 makes it unlawful to hold a person in a condition of slavery, that is, a condition of compulsory service or labor against his/her will. A Section 1584 conviction requires that the victim be held against his/her will by actual force, threats of force, or threats of legal coercion. Section 1584 also prohibits compelling a person to work against his/her will by creating a “climate of fear” through the use of force, the threat of force, or the threat of legal coercion [i.e., If you don’t work, I’ll call the immigration officials.] which is sufficient to compel service against a person’s will.
Forced Labor, 18 U.S.C. § 1589. Section 1589 of Title 18, which was passed as part of the TVPA, makes it unlawful to provide or obtain the labor or services of a person through one of three prohibited means. Congress enacted § 1589 in response to the Supreme Court’s decision in United States v. Kozminski, 487 U.S. 931 (1988), which interpreted § 1584 to require the use or threatened use of physical or legal coercion. Section 1589 broadens the definition of the kinds of coercion that might result in forced labor.
Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor, 18 U.S.C. § 1590. Section 1590 makes it unlawful to recruit, harbor, transport, or broker persons for labor or services under conditions which violate any of the offenses contained in Chapter 77 of Title 18.
Unlawful Conduct with Respect to Documents in Furtherance of Trafficking, Peonage, Slavery, Involuntary Servitude, or Forced Labor , 18 U.S.C. § 1592. Section 1592 makes it illegal to seize documents in order to force others to work. By expanding its coverage to false documents as well as official documents, § 1592 recognizes that victims are often immobilized by the withholding of whatever documents they possess, even if the documents are forged or fraudulent. Section 1592 expands the scope of federal trafficking statutes to reach those who prey on the vulnerabilities of immigrant victims by controlling their papers.
“And if everyone were even one-quater as implacable as Anna Skripnikova-the history of Russia would be different.”
The Gulag Archipelago