The theory of Good Governance (GG) relies on the belief an effective government builds upon the criteria of transparency and accountability. Moreover, government brings together the formal institutions of the state and their monopoly of legitimate coercive power (Stoker, 1998). The post-colonialism era left many states in a situation of civil war, bankruptcy and corruption, where an alliance of elites controlled the country’s main resources and wealth, which led to persistent inequalities and divisions within a country (Henderson, Stalker, 2000).
Thus, the fragmented state’s incapability to provide security, justice and basic needs, legitimized, in the citizen view, the use of force as not recognizing government’s authority. The on-going tensions in the Middle-East illustrates how the longer a civil war lasts the more likely an escalation of violence will occur and lead to a spillover effect from a state to region. This in turn might have a significant impact on international peace. Following, post-war recovery donors believed the maintenance of political stability and peace-building process required assistance of the international system in order to limit the threat of a return to violence. This last point is essential, as it highlights the subjective use of foreign aid and need for mutual responsibility of the donor and recipient to apply the basic principles of humanitarian aid: humanity, neutrality, impartiality and independence.
This essay will argue contemporary humanitarian aid effectiveness is undermined by the politicization of the process, which is the pursuit of political objectives by humanitarian instruments. As a consequence, this results in the donor’s national interests and security being privileged over recipient’s need. Aid policy would then be determined by selectivity of which state receives aid and on the contrary, the circumvention of some governments. This concept does not only impacts humanitarian principles, challenges the ethics of donor countries but also has long-term devastating consequences on development strategies. Boone (1996) argues, that instead of supporting development aid can provoke and enhance poverty as directly given to governments ‘that consume aid inflows instead of investing in their country’ (pp-289). In order to analyze the impact politicized foreign aid had on developing countries Afghanistan and Somalia will be used as case studies. As, they both suffered from complex political fragmentation following a fall of a regime and required impartial assistance. This essay argues, efficient aid should be implemented by a return to classic humanitarianism through the establishment of democracy and good governance and so the likelihood of sustainable peace.
Outline and Literature
Afghanistan and Somalia has been chosen as case studies as they highlight the argument no matter the amount of humanitarian aid the recipient receives, if the institutions are weak and the aid subjective then it will not be incorporated homogeneously to the society.
To begin, intervention is not new and relies on peaceful stability. In order to understand the influence and consequences of politicization on foreign aid during post-war recovery three major concepts of humanitarian aid will be defined: ‘humanitarianism imperative’, impartiality as a component of legitimacy, and the use of conditionality as reward of Good Governance. First of all, Joanna Macrae, described humanitarianism as ‘designed to mitigate the impact of war’, mainly led by the West (Macrae, pg 7).
Nonetheless, The Code of Conduct for the International Red Cross introduced the concept of ‘humanitarian imperative’, which defines the principle of humanity as the right to receive and to give humanitarian assistance (Schweizer, 2004). This point highlights, even though humanitarian aid is imperfect, it is a right and duty to bring assistance to people in need. Furthermore, in order to restore legitimacy of the state it is essential to establish or reform the national government, which often requires impartial cooperation on the ground with local actors. A solution for cooperation and legitimacy has been addressed through the application of conditionality which Nelson and Eglinton (1992) defined as a set of strategies that the donors apply in order to bring in political and economic reforms in the recipient country. It has further been used as a reward for Good Governance and a pressure mechanism for compliance to peace-process. For instance, bilateral donors and UN agencies applied them in post-war recovery of Somalia and Afghanistan.
However, it will be argued first of all, it is not the most appropriate approach to strengthen good governance. Secondly, it often excludes groups from the reconstruction process, which leads to social exclusion and has a negative impact on sustainable peace (Manning, 2010). While in both countries the humanitarian field staff has been criticized for both economic and political reasons. This paper will focus only on the political aspect of international aid as opposed to economical factors because the implementation of growth-promoting activities requires strong political infrastructure.
Additionally, It is worth highlighting, politicized humanitarianism theorists argued classic humanitarianism is faulty as ‘neutrality is only a myth’. Furthermore, O’Brien (2004) and Anderson (1999) point out, neutrality is impossible to obtain as when aid decides to intervene in a conflict it has a political view ’international assistance (…) becomes a part of that context and thus also of the conflict’’ (pp-1). She gave an example of the Sri Lankan government, which considered Tamil-speaking refugees are similar to the Tamil Tigers; in this situation then providing humanitarian aid would also be helping a rebel group. Nonetheless, it has been stated politicization is a violation of the Geneva Conventions on the Laws and Customs of War, and so should respect the principles of impartiality and transparency.
For the reasons discussed above, this paper will support the argument politicization hinders the success of foreign aid following post-war recovery by examining how the use of conditionality in Afghanistan and Somalia was ineffective in influencing the government and was applied even though harmful to the population. Secondly, following this analysis it will be discussed if the political aspect of foreign aid can be neglected by focusing on a bottom-up mobilization through NGO’s. However, this solution will be argued not efficient as to obtain sustainable peace and development the state’s political structure will need to be constructed around the concept of ‘impartiality’, ‘country ownership’ and ‘good governance’.
Links and Case Studies
Since the cold war Afghanistan has been an aid-dependent country as in order to fight the Red Army, and so the communist invasion, the United States had given over $600 million per annum to the country (Giradet, 1998, pg. 118). Moreover, while the communist part of the country equally needed assistance, the US-led aid only focused on one side, the Afghan mujahideen, by supporting them both financially and technically. Following this period of aid flow, another one happened during the civil war in Afghanistan, from 1992 through the end of the Taliban regime in 2001. It will further be argued; the emphasis of foreign aid was not on meeting the basic needs of Afghanistan’s population but on encouraging trade (Fayez, 2013). Similarly, to Afghanistan, Somalia post-cold war suffered from war and famine and the situation did not improve with foreign aid assistance. In fact, it is still considered as the most modern state collapse in the world. Moreover, the famine drew attention of the United Nations on to the Somali civil war in 1992, through the United Nations Operation in Somalia (UNOSOM) however they withdrew in 1994 due to conflict between Somalia and American forces.
Unfortunately, the lack of neutrality and impartiality in foreign assistance to Somalia was most markedly felt following 9/11 and so the beginning of the ‘war on terror’ led by the United States. In fact, the concerns focused on keeping international peace and securitization rather than humanitarian protection of Somali population. As Bradbury stated (2010) ‘the emphasis on reviving a central government has simply served to perpetuate a violent conflict over control of the state.’ (pp-2)
The situation in Afghanistan and Somalia are similar and support Easterly (2002) statement of foreign aid, which argues ‘the tragedy of aid’, is mainly due to a lack of accountability and management. Furthermore, due to the difficulty to collaborate with weak state framework and infrastructures often lead NGOs to endorse the role of providing security from a bottom-up mobilization rather than acting through a government in order reaching the population directly (DeMars, 1996: 81). Nonetheless, they can undermine the state’s responsibility to deal with the crisis as well as aggravate the issue by not providing equal assistance to different groups.
Arguments and counterarguments
When analyzing the effectiveness of international aid, one has to consider specific tools of the process such as conditionality. As stated above, conditionality is the use of ‘bargaining aid’ in orders to reform the recipient’s country policy, and is argued to be a major support for increased living standards and development (Montinola, 2007).
However, the situation in Afghanistan challenges this perspective as conditionality has been used mainly for short-term recovery for security interests instead of sustainable peace. Furthermore, The Bonn Agreement, was a series of agreement attempting to re-establish the State of Afghanistan following the US invasion and has been argued to favor only one side of the conflict, which was the ally of US during ‘war on terror’ (Goodhand, 2009). For instance, the agreement established the foundation for future Afghan governance in order to help the U.S. eradicate al Qaeda and,’ in the long term, would be stable enough to deny terrorists a haven’ (Fields, 2011). The fact emergency security was the main interest of donors brought them to keep elites at their posts in exchange of promise of stability, which consequently excluded a minority. The fragmentation of Afghan politics and institutions, limited the application of conditions.
Thus, the Bonn Agreement while attempting to reform the state, in the US interests, did not create de facto sovereignty and domestic legitimacy; which are essential to sustainable peace.
In comparison, Somalia post-war recovery attracted many interests especially in terms of trade and geopolitical location. For instance, the fact the main donors were the US and USSR reflected the on-going cold war rivalry and the desire for both countries to access the red sea. (Mehmet, 1971) However, the large amounts of aid flow did not accelerate growth and development, as there was no existence of efficient administration. In contrary, when the trade interests are situated in another state the humanitarian aid will follow the trend. Moreover, Britain cut off aid to Somalia, which they argued was based on Human Rights violations. But, Britain selectivity towards aid was actually caused by difficulty to administrate aid and mainly political factors. Therefore, much of the attention at the time was on Nigeria, due to Britain strong trade interests with the country. As, the world economy today depends significantly on oil and Britain is no exception. Actually, the Nigerian oil production and the British foreign assistance to Nigeria begin since the colonial history, which explains their interest to keep the territory stabilized as weak Nigerian oil out-put could have negative impact on the donor as well as the recipient of aid (Vazul, 2010).
National interests from donors thus undermined promoting good governance and strong political infrastructures in post-recovery of developing countries such as Somalia and Afghanistan (Sorensen, 2013). To sum up, conditional aid seems incompatible with the self-interested nature of bilateral donors. As concerning the role of international organizations it also seems like the main interest of IMF, which is to promote global growth and economic stability and so is not in compliance with the actual needs of citizens in recipient country. This last point raises the question, if conditionality has been ineffective due to fostering violence, marginalizing a part of the population and delegitimizing the state then would the use of unconditional aid be more benefiting? Furthermore, we will see the use of unconditional aid through NGO’s can also be problematic and has its flaws with the example of cash-based transfers since 2000 in Somalia which illustrated the difficulty to monitor the process as most payments were involved in fraud and diversion problems. (Hedlund, 2012) Nonetheless, even though the complex discussion around the question of which policy is more suitable between ‘conditional’ or ‘unconditional’ aid is still ongoing, studies have shown the latter has more chances to progress towards the establishment of democracy and ‘country-ownership’ than states that received conditional aid (Kersting, 2014).
It has been argued one way of dealing with the dilemma of sending substantial aid flows to weak institutions is to by-pass the state-centric phenomena of humanitarianism. And so, to deliver aid through Non-government Actors as Acht (2015) would advocate. Their main point is that government-government assistance is more likely to be inefficient as the recipient state suffers from “bad” governance, which they define as ‘‘human rights violations, lacking representativeness of the government and high levels of military expenditures’’(Acht, 2015, pp-2). Thus, this would lead donors to find another way to deliver aid, by targeting directly the population. Furthermore, their empirical analysis is build on the theory bilateral channel are most of the times chosen by donors which goals are non-developmental and interested in securitization through stability process or build upon post-colonialism relationships, as mentioned above. Instead then using NGOs would be more useful to depoliticize aid, especially when emergency on the ground is required. They believe, local ownership of reforms to promote good governance has been lacking satisfactory evidence and so bypassing bilateral channels seems to provide a ‘rational’ choice to the issue (Acht, 2015).
In line with this thought, Djarklov (2012) holds that foreign aid could lead politicians and so elites of developing countries to ‘engage in rent-seeking activities in order to appropriate these resources and try to exclude other groups from the political process’ (pp-169). And so, bilateral foreign aid by creating dependency could undermine democracy. Nonetheless, the solution to solely use NGOs to bypass governments and to underestimate the efficiency of aid when used impartially could lead to undergoing human catastrophes with no long-term solutions. Furthermore, the role of NGO’s in Somalia and Afghanistan illustrates how the roots of the causation of inefficient foreign aid is not the bilateral channel but the non-development goals and the lack of interest from donors in establishing an accountable democracy.
First of all, NGO’s can be considered as enemies and so targeted by local actors due to delegitimization of aid from their perspective as they consider Western aid as political entities (Irby, 2012). Secondly, donors can see NGO’s as an extension of their military interests (Abiew, 2012). Finally, NGO’s do not provide long-term post-war recovery, as the question on the duration of this alternative is questionable.
Spang (2016) questions the view NGO’s provide a clear alternative to bilateral channel by argumenting ‘politicization of aid may cause (…) non-governmental organizations (NGOs) on the ground to become strategic targets in the conflict’ (pp-1). As foreigners and so NGO representatives could be seen as targets, intervening in an area where a specific entity has authority on the conflict zone. For instance, in Somalia Al-Shabaab attacked NGO internal personnel in order to manipulate and control the organizations as they considered them as ‘spies or agents of foreign intervention’ (Irby, 2012, pp-6) but was also manipulated for material gain. Especially Médecin Sans Frontières (MSF), when trying to negotiate access to territory has experienced this challenging obstacle to the process of providing assistance.
In comparison, NGO’s has been used as an extension of the donors military particularly in Afghanistan where humanitarian agencies had to work with states agencies, which undermined their neutrality. The US Secretary of State, Colin Powell stated in a speech the close relationship the US has with NGO’s during the Enduring Freedom operation in Afghanistan (Abiew, 2012). This situation was later confirmed when the organizations applied the government program. The fact, western government lack of neutrality in bilateral foreign aid also undermines NGO’s at the same time, as local actors perceive them as an extension of modern imperialism.
To sum up, this essay does not argue NGO’s are not a useful tool to provide assistance during post-war recovery but that these alternatives are only short-term solutions, as they do not have the resources or the capacities to bring sustainable peace when corrupted and weak political infrastructures are still governing.
While there has been a consensus among academics that good governance is essential in order to promote development, it is a subjective theory and so means different things depending on individuals. In this paper, good governance will be referred as the qualities of a state to govern around the principles of democracy, accountability, transparency and legitimacy. Moreover, The 1997 UNDP Report Governance for Sustainable Development sums up effectively the objectives a strong political infrastructure should have in order to be considered as legitimate: ‘it is, among other things, participatory, transparent and accountable, effective and equitable, and it promotes the rule of law.’ Moreover, by providing assistance without considering if the government prior intervention was well governed would improve the view of local actors on foreign aid and so would bring more likely collaboration. Additionally, along this line aid is mainly undermined because donors do not take into account that even with substantial amount of aid if elites are still exercising power with no development goals then peace will not be sustainable.
Thus, the aid policy should be applied and delivered with consideration of the reality of what is happening in the country and so the state’s policy. This last point raises the question, what kind of government should be established in order to develop a country post-war?
While some academics argues democracy is not they key to development, as the recipient country needs to find their own solutions. However, democracy has actually been the most satisfactory solution in order to give the opportunity for equal participation to the political environment. We can consider, development and sustainable peace as the outcome while democracy and good governance are the process to obtain a convincing solution to post-war recovery.
It is essential to highlight the limits of good governance theory, as it is a difficult task to establish a causal relationship between the latter and development. For instance, while it is true democracy does not always lead to sustainable peace and development, the fact it incorporates human rights, transparency and accountability makes it an effective government where there is higher chances that aid will be distributed homogenously to the population (Opara, 2007).
As strong political infrastructures are needed in order to manage grievances and be able to handle conflicts before they will turn violent. For instance, analysis of the situation in Haiti have concluded the only alternative for post-war recovery is to bring the necessary assistance to establish a cohesion between the state and citizens and to work effectively towards a ‘participatory consensus’ (Kumar, 1998).
Considering the above, it can be concluded that in order to establish a long-term post-war recovery the process has to be political, in the sense of establishing good governance.
We have analyzed, foreign aid is mainly undermined by its politicization, due to the donor’s instrumentalization of aid for national and security interests. It is more likely, bilateral channels would be more effective if they provided assistance impartially based on humanitarian need rather than conditionality and so reward of good governance. The current foreign aid assistance in Somalia and Afghanistan civil wars requires the participation of NGO’s and unconditional aid but the roots of the conflict has to address before, as the prerequisite of sustainable peace is good governance and legitimacy of the state.
For further research, the causal relationship between democracy and development should be further analyzed with its applicability to different post-war situations. Furthermore, it would be interesting to consider the variability of democracies in order to establish not a one size-fit all model, but one which could correspond to the state’s cultural and traditional background. While, the Westernized perspective of political infrastructures cannot be applied to every post-war recoveries, engaging in a reform of the current government to promote transparency, accountability and participation could stabilize the conflicts.
Iran has to be very careful in future negotiations on Caspian Sea
Professor of political science says although the text of the Caspian Sea Treaty signed on August 12, 2018 in Kazakhstan does not define the share of each of the littoral states, Iran has to be very careful in future negotiations.
Five Caspian Sea littoral states signed Caspian Sea Treaty on August 12, 2018 in Kazakhstan. The agreement has created many debates about the share of Iran in Iran.
To know more about the issue we reached out to Nader Entessar Professor Emeritus of Political Science in University of South Alabama.
There are many debates on the legal regime of the Caspian Sea. Some argue that according to the treaties of 1921 and 1940 between Iran and the USSR, the share of Iran equals to 50% of this sea. Is Iran’s share stipulated in those treaties?
No. Neither the 1921 nor the 1940 treaties specify that Iran and the USSR each share 50 per cent ownership of the Caspian Sea. Both of these treaties talk in general terms about the resources of the Caspian Sea being the used by Iran and the USSR without stipulating the exact ownership of the seabed, boundary delimitation, and other related issues. We have to remember that these two treaties were signed well before the United Nations Convention on the Law of the Sea (UNCLOS) was drafted and came into force. Therefore, the 1921 and 1940 treaties could not have foreseen the complex issues of maritime boundaries that were discussed in UNCLOS.
Based on the international law, what is the legal status of the Caspian Sea after the collapse of the USSR and the sharing of the Caspian Sea by the five littoral states? Some bring about the idea of 20% sharing? Is there any base for this idea in the international law?
The answer to this question depends on if the Caspian is defined as a “sea” or a “lake.” If one classifies the Caspian as a lake, then according to international law its resources should be divided equally among the five riparian states. However, if the Caspian is designated as a sea, then the five littoral states should draw lines extending from their shores to the midway point with littoral neighbors. This explains why for many years Iran had insisted on defining the Caspian as a lake. However, it appears that the five littoral states agreed in Aktau that the Caspian is a sea. That is why some observers have argued that in the final delimitation agreement, Iran will end up getting not only about 13 per cent of the Caspian but also the saltiest and deepest part of it.
Is the share of each of the littoral states from the Caspian Sea defined in the convention signed on August 12 in Kazakhstan?
No, the text of the Caspian Sea Treaty signed on August 12, 2018 in Kazakhstan does not define the share of each of the littoral states. In so far as Iran is concerned, this issue will have to be determined in a future agreement with Azerbaijan and Turkmenistan. Iran has to be very careful in future negotiations with its two neighbors because the resulting boundary agreement will determine Iran’s final Caspian share.
What is the main achievement of the Aktau Convention, signed on August 12 in Kazakhstan, in regards to the legal regime and status of the Caspian Sea?
Although some reports have referred to the Caspian Sea Convention as a “landmark agreement,” I don’t view this agreement as such. Its main achievement was that after more than 20 years of contentious diplomatic efforts, the five littoral states of the Caspian Sea finally agreed on a legal framework for sharing the resources of this significant body of water. There are some clear and specific agreements in the Convention. For example, all five littoral states agreed to 15 miles of sovereign waters, plus a further 10 nautical miles of fishing area. But the wording of the Convention remains vague in many parts of the document, thus delaying divisive decisions that have to be made in future negotiations.
First published in our partner MNA
Fifty Years of NPT: Weaknesses over the course
NPT is a landmark treaty that lies at the heart of non-proliferation regime (NPR). In July 2018, Fiftieth anniversary of the NPT has been celebrated. Theoretically, NPT is committed to the goal of arms control and aims to accomplish the nuclear disarmament. For this purpose, the NPT member states are devoted to pursue three key objectives of the treaty: prevent horizontal proliferation, state’s right to use nuclear energy for peaceful objectives, and nuclear disarmament. However practically due to shifting US’ alliances, major power politics, and growing arms race, the fifty years of NPT has only delivered “Distress, Conflict and discrimination”.
Loopholes and weaknesses exist in NPT which are being misused by Nuclear Weapon States (NWS) and Non-Nuclear Weapons States (NNWS) of the treaty. Despite the NPT’s presence for 50 years and an expansion in its membership, atomic weapons have not been wiped out from the world. All the NWS aim to maintain their nuclear weapon state status due to their security or strategic concerns. Despite the dialogues of arms control, all major and smaller nuclear weapon states are committed to maintaining credible deterrence and strategic balance. Such aspirations of NWS demonstrate that major powers party to the arms control and disarmament treaty are merely the silent spectators to the existing weakened structure of the so called universal treaty of 191 member states due to their own vested interests.
The fifty years of NPT have reaffirmed that the universal mechanism to fight with nuclear proliferation and achieving the objective of disarmament is not adequate for two reasons: first, the international mechanism of non-proliferation has failed to deal with the few potential proliferators; secondly, strategic and security concerns of NWS and NNWS has undermined the Articles I, II, IV, VI and X of the treaty. In spite of the fact that until the 1980s worldwide measures to counteract atomic multiplication were generally more effective, yet in the subsequent years the NPT was not much successful to counter the aspirants of nuclear capability such as North Korea, Iran, Libya and Syria. Due to inadequate mechanism and weaknesses of the treaty, now nine states possess nuclear weapon capability and approximately 30 states have the technical ability to acquire it that is viewed as serious threat to the NPT.
Despite the potentials of non-proliferation, since 1968 with participation of 191 states and various agreements and talks, an efficient and effective regime stresses on pin pointing the weaknesses and restructuring, re-evaluation and reformation of the treaty structure. The key setback to the NPT is that the articles of the treaty are not fairly adopted by the member states due to which the regime has failed to address the significant objectives of horizontal proliferation, arms control and disarmament. For instance under Article I of the treaty, transfer of nuclear material and technology by NWS to NNWS is prohibited. But treaty has failed to address the transfer of fissile material and nuclear technology from one NWS to another NWS. Such dynamic have increased the insecurities of NNWS and resultantly forces them to take extreme measures to ensure their security .e.g. North Korea. Simultaneously, despite being the member of the treaty, the US has been providing nuclear related technology to India since 1990s under the umbrella of various bilateral treaties or agreements. India-US nuclear agreement and granting of NSG waiver to India is viewed as an intentional measure to help India increase its military buildup to carry forward strategic ambitions of the US in the Asian region.
Furthermore, the US agreement with India for joint production and development of military related technology such as mini UAVs , distinctive kits for C130 and designing/ development of jet engine technology has played central role in speedy development of India’s nuclear program. Such development is not only the violation of NPT by the US but also compels the NNWS to acquire nuclear capability to address their security concerns. Right of all states to use nuclear energy for peaceful objectives played key role as bargaining chip and is viewed as major loophole in the treaty due to technical similarities in peaceful use of nuclear technology and technology for military purposes. North Korea Withdrew from the NPT in 2003.Article X of the treaty provides the right to member states to withdraw from the treaty if their sovereignty is on stake. However not accepting the states’ right to withdraw from the treaty is denial of their right of self defence and violation of treaty. Therefore, discriminatory attitude, special treatment and country specific treatment pose serious question mark on the implementation and standards of NPR.It demonstrates that the regime is just an instrument of major powers to fulfill their strategic and foreign policy objectives.
The current doctrines of NWS comprise of elements warfare, which shows hegemonic mindsets of major powers and explains their reluctance to give up on their “nuclear assets”. These factors have posed negative impact on the process of non-proliferation and disarmament. Therefore it can be inferred that the above mentioned scenarios have played central role in keeping Pakistan away from joining the NPR. If NPT states want to attract non-NPT states for the membership of regime then the current member states will have to pursue non-discriminatory approach towards non-proliferation themselves.
Abused, trafficked, unwanted: A view on the U.S. migration policy development
The US Department of State’s Trafficking In Persons (TIP) Report was started in 2001 as a diplomatic means for the United States to communicate with other foreign governments on goals towards eliminating human trafficking. TIP is meant to facilitate dialogue with nations for anti-trafficking initiatives, as well as find resources on prevention, prosecution, and protection programs of human trafficking, highlighting the United States as a global leader in human rights and law enforcement. The TIP Report ranks countries based on a Tiers model (“2017 Trafficking in Persons Report”). The policy outputs and policy outcomes of TIP have been continuously debated within government, advocacy groups, and law enforcement (Kraft 6).
There are various critiques on the given Tiers system the Department of State’s Trafficking in Persons Report (TIP) has used in the previous years. In the “Accountability Over Politics: Scrutinizing the Trafficking in Persons Report” hearing before the Subcommittee on Africa Global Health, Global Human Rights, and International Organizations of the Committee of Foreign Affairs through the House of Representatives during the 114th Congress, David Abramowitz, the Managing Director of Policy and Government Relations of Humanity United Action, has expressed concern on the Tiers model. Abramowitz believes Malaysia is exemplary of a nation praised for the betterment of the human trafficking when undoubtedly there is no accountability for the mass graves incident of 2015, where 130 dead bodies were found (United States 32). Ineffective measures of the tiers in the TIP Report reduce the diplomatic effectiveness of the mechanism, as embodied in both Thailand and Malaysia. Increased effort towards reform of Malaysia and Thailand’s legal framework is needed. This could be achieved through the State Department, more specifically the embassies in Bangkok and Kuala Lampur and the Department’s East Asia and Pacific Bureau. Congressional action could assist in the reform as well (United States 33).
In the Committee on Foreign Affairs’ “Nomination of Rex Tillerson To Be Secretary of State,” one of the commentaries to the Secretary of State included the notion that the current administration allowed political consideration to manipulate expert recommendations of the State Department’s human rights and trafficking professionals, which contributed to the ‘politically-driven’ upgrade of countries like that of Cuba and Malaysia from the Tier 3 category to the Tier 2 Watch List (United States). According to the Honorable Susan Coppedge, Ambassador-at-Large for the Office to Monitor Trafficking in Persons of the US Department of State, as stated during the Committee on Foreign Relation’s hearing for Review of the 2017 Trafficking in Persons Report, law enforcement services should be provided to human trafficking victims. Government involvement tends to instill fear in victims. In defense of Malaysia status change from Tier 2 watch to Tier 2, as prompted by Mr. Cardin, Coppedge states Malaysia has had quadrupled trafficking investigations increases from 158 to 581, as well as improvements in law enforcement measures on trafficking. Additionally, Senator Robert Menendez had been successful in uncovering the waiver report for Malaysia as well as other countries that are not allowed for disclosure by the Department of State. The Honorable John J. Sullivan, Deputy Secretary of State for the US Department of State, noted Ukraine’s improvement to Tier 2 status as well as China’s ineffectiveness to end slavery and trafficking downgraded it to Tier 3 (United States). Previous concerns and criticism regarding TIP from the “Demanding Accountability: Evaluating the 2015 Trafficking in Persons Report”, House of Representatives hearing include concern on grade inflation and favoritism for certain countries through the Department of State tier ranking of the TIP.
To further elaborate upon the TIP Tier model, Tier 1 would include nations that meet the minimum standards to combat human trafficking, Tier 2 would include those making noticeable efforts towards the minimum standards, and Tier 3 would include those not making minimum standards and in danger of receiving sanctions, respectively (United States 2). Cuba had been noted as Tier 2 status for 2015, even with the legal permission for prostitution of 16 year old girls, being a top destination in the Western Hemisphere for child sex tourism, and not criminalizing labor trafficking (United States 3). Uzbekistan’s government incites forced labor in the cotton industry on a daily basis, making it rather undeserving of Tier 2 status (United States 4). India as a Tier 2 is undeserving of its ranking as well, since it had been preventing trafficking victims and families whom had obtained T-visas to leave India (United States 27-28).
As professor Anis H. Bajrektarevic rightfully observed in his revealing work on the Justice-Home Affairs diplomacy, a very corruption (public sector of) is an elementary part of any THB business. “It is a (hidden and) seemingly victimless tradeoff between influence and gain” – as professor brilliantly defines corruption, that ‘runs the engine’.
Hence, as founded by the United States Government Accountability Office (GAO), from the representation of the Trafficking Victims in Persons Act of 2000, federal agencies have inspected allegations of trafficking crimes, provided training and executed state and local initiatives to support investigations and prosecutions, and established organizational structures, agency-level goals, plans, or strategies. For instance, agencies have trained both new and current staff on investigating and prosecuting trafficking in persons crimes through their agency training academies and centers, provided Web-based training, and developed and disseminated guidance on case pursuance. Agencies have also made training initiatives at the state and local law enforcement levels, nongovernmental organizations, and the general public through a toll-free complaint line, newsletters, national conferences, and model legislation. Some agencies have established special units for continuing their antitrafficking duties. Federal agencies coordinate across agencies’ investigations and prosecutions of trafficking crimes on a case-by-case basis, premised on individual needs per case, and established relationships among law enforcement officials across agencies.
The Department of Justice and Department of Health Services officials recognize the need to increase United States efforts to combat trafficking through more practical and cooperative strategies to identify trafficking victims. Previous GAO efforts on interagency relationship prove a strategic framework with shared goals, mutually reinforcing approaches, and compatible policies and actions to function across agency boundaries helps improve and sustain relationships among federal agencies dealing with national and cross agency jurisdiction issues (“Human Trafficking: A Strategic Framework Could Help Enhance the Interagency Collaboration Needed to Effectively Combat Trafficking Crimes.”). Based on 2016 data collection from the GAO, it is questionable as to whether provisions are being fully effective.
“For 91 provisions, all responsible federal entities reported taking action to implement this provision. For 11 provisions, all responsible federal entities reported that they had not taken action to implement the provision. For 2 provisions, at least one of the responsible federal entities reported that they had not taken action to implement the provision or they did not provide a response. For 1 provision, none of the responsible federal entities provided a response (“Human Trafficking: Implementation of Related Statutory Provisions, Law Enforcement Efforts, and Grant Funding”).”
The above provisions covered topics address human trafficking and related affairs, inclusive of victim services, management and information sharing, and procedural training. Agency officials gave various explanations for why there were no arrangements to implement provisions for which they were chosen as the lead or co-lead. To be rather frank, in three cases, officials cited funding was not appropriated for the activity. Federal, state, and local law enforcement officials and prosecutors interviewed by the GAO reported properly investigating and prosecuting human trafficking cases is challenging for many reasons, including lack of victim collaboration, limited available services for victims, and the problematic nature of identifying human trafficking victims. According to these representatives, victim service programs, such as those that offer mental health and substance abuse services, have helped improve victim cooperation.
The availability of services is limited. Federal, state, and local agencies have taken or are taking actions to address these challenges, such as increasing the obtain ability of victim services through grants and executing both training and public awareness initiatives. GAO identified 42 grant programs with awards made in 2014 and 2015 that may be used to combat human trafficking or to assist victims of human trafficking, 15 of which are planned for these purposes only. Although there are similarities among human trafficking grant programs, federal agencies have recognized processes to help avert unnecessary duplication. For instance, in response to endorsements in a previous GAO report, the Department of Justice requires grant candidates to expose any federal grants they are currently operating under as well as federal grants for which they have applied. Additionally, agencies participating in the grant making committee of the Senior Policy Operating Group (SPOG), an entity through which federal agencies unify their efforts to combat human trafficking, share grant solicitations as well as information on proposed grant awards. The SPOG effort allows other agencies to remark on proposed grant awards and determine whether they plan to award funding to the same organization (“Human Trafficking: Implementation of Related Statutory Provisions, Law Enforcement Efforts, and Grant Funding”).
On the issue of child soldiers, The House Committee on Foreign Affairs 2017 hearing, “Winning the Fight Against Human Trafficking: The Frederick Douglas Reauthorization Act,” affirms that child soldiers are largely affected by the human trafficking industry. The United States has been involved in helping curtail the use of child soldiers. The United States had ratified the United Nations treaty of 2002 which banned the use of children in conflicts. By mandate of ratification, all armed services branched implemented rules to not have underage soldiers in combat. United States’ action on this matter was exemplary for other militaries to follow suite. In 2008, Congress had adopted the Child Soldiers Prevention Act as part of the Trafficking Victims Protection Reauthorization Act of 2008. Nevertheless, within the United States there is still a prevalence of sex trafficking of girls. The Federal Bureau of Investigation (FBI) had reported 60 percent nationwide range of trafficked girls were either from foster care or group homes. More transparency will be required for the allocation of funds towards improving efforts on the issue of child soldiers. The Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act authorizes $130 million over four years to prevent human trafficking, protect victims, and better prosecution in the United States and overseas. The act limits the time a nation could be on the Tier 2 watchlist (United States).
In the “Child Soldier Prevention Act of 2017, H.R. 1191”, sponsored by Representative Christopher Smith in the 115th Congress, it was mentioned that Congress’ Victims of Trafficking and Violence Protections Act of 2000 would probably be the pivotal achievement on the issue of child soldiers. With the Trafficking Victims Protection Act (TVPA) of 2000, Congress made the Child Soldiers Prevention Act (CSPA) of 2008 part of the TVPA. Regulations included the TIP Report to have a listing of foreign governments which recruit and utilize child soldiers in their militias or government funded armed groups. The 2017 TIP Report identifies the Democratic Republic of the Congo, Mali, Nigeria, Somalia, South Sudan, Sudan, Syria, and Yemen as nations on the CSPA list (“Child Soldier Prevention Act of 2017” 7). TVPA restrictions on grants to nations began with TIP Report 2003 (“Child Soldier Prevention Act of 2017” 14).
Nations whom have used child soldiers as listed in the most recent TIP report are prohibited from receiving various forms of security assistance, including defense articles, global military education and training, peacekeeping operations programs, military financing, and the issuing of licenses for direct commercial sales of military equipment for child soldier recruitment purposes (“Child Soldier Prevention Act of 2017” 18-19). Relevant legislation oversight on the TIP Report includes closed hearings on the topic of human trafficking, commonly held by the Committee on Foreign Relations, in anticipation of the TIP’s yearly release as well as commentaries post-publication in public hearings.
The House Foreign Affairs Committee, specifically its Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations, has also hosted hearings on the TIP Report (“Child Soldier Prevention Act of 2017” 31). A bill from the 115th Congress to further modify requirements associated with the TIP Report, include H.R. 2200, the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2017, which passed the House on July 12, 2017, and contains several changes to the TIP Report’s country ranking process. Other bills introduced in the 115th Congress that, if passed, would modify requirements associated with the TIP Report include H.R. 436, the Human Trafficking Prioritization Act, S. 377, the Trafficking in Persons Report Integrity Act, H.R. 1191, the Child Soldier Prevention Act of 2017 and H.R. 2219 and S. 952, the End Banking for Human Traffickers Act of 2017 (“Child Soldier Prevention Act of 2017” 31).
In a statement at the 114th Congress, at a House of Representatives hearing entitled “Get It Right This Time: A Victims-Centered Trafficking in Persons Report,” the following is established:
“ While democracy does not guarantee the absence of slavery, and some struggling democracies and even democratic regimes have effectively fought trafficking, autocracy and weak or ‘emerging’ democracies are less equipped to tackle this horrific human rights challenge. Respecting the human rights, fundamental freedoms, and dignity in full of women, people in prostitution, and migrants, holding traffickers fully to account, and expunging corruption as the catalyst of human trafficking, are matters of governing justly. In particular, an independent judiciary, the rule of law, and a dynamic civil society are the markings of governments that are governing justly, and central to the success of modern day abolition efforts (United States 2).”
Witness protection under the Ministry of Justice had been found to be favorable, however there were still unaccounted for occurrences in Thailand. In 2015, Thailand did not allow traffickers’ ships on land, allowing criminals to escape via ocean routes. There were also unaccounted for Rohingya passengers refused entry. A ‘push-back’ policy does not assist with combating human trafficking (United States 21). As the Myanmar elections were not free nor fair, political circumstances only escalate the higher risks of the Rohingya for human trafficking (United States 28-29).
Referencing the 114th Congress House of Representatives Committee on Foreign Affairs hearing “Accountability Over Politics: Scrutinizing the Trafficking In Persons Report”, a statement released by Secretary of State John Kerry focused on the three P’s of the TIP report: prosecuting traffickers, protecting and empowering victims, and preventing future trafficking crimes. The honorable Susan Coppedge, Ambassador-at-Large to the Department of State, voiced concern for the protection of domestic workers as well as ‘corrupt or complicit officials’ whom benefit from trafficking (United States 5). TIP staff members work in conjunction with individuals at embassies, posts abroad, and the US Department of State regional offices (United States 7). Coppedge asserts housing for girls rescued from trafficking should be provided by the United States (United States 20). There is only a small amount of prosecutions and convictions on foreign labor trafficking in the United States, which needs to be reformed. More to protect unaccompanied undocumented children, as well as further address roots of the problem, need to be made feasible (United States 30).
Bills relevant to TIP include the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2017, H.R. 2200 (“Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2017”), The Trafficking in Persons Report Integrity Act, S. 377 (“Trafficking in Persons Report Integrity Act”), The Child Soldier Prevention Act of 2017, H.R. 1191 (“Child Soldier Prevention Act of 2017”), the End Banking for Human Traffickers Act of 2017, H.R. 2219 (“End Banking for Human Traffickers Act of 2017”), and the End Banking for Human Traffickers Act of 2017, S. 952 (“End Banking for Human Traffickers Act of 2017”).
The Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2017, H.R. 2200, sponsored by Christopher Smith April 2017, had twenty-nine cosponsors from House of Representatives, which ensured approval through the House of Representatives. The twenty-nine cosponsors were Representatives Karen Bass, Edward R. Royce, Sheila Jackson Lee, Susan W. Brooks, Lois Frankel, Ann Wagner, Tony Cardenas, Ted Poe, Ryan A. Costello, David N. Cicilline, Brad Sherman, Daniel M. Donovan, Jr., Patrick Meehan, Lynn Jenkins, Susan A. Davis, Salud O. Carbajal, Gwen Moore, Dwight Evans, Denny Heck, James P. McGovern, Tulsi Gabbard, Alcee L. Hastings, Raul M. Grijalva, Kristi L. Noem, Barbara Comstock, Luke Messer, David Young, Erik Paulsen, and Carolyn B. Maloney. This bill states that instead of only the President, the Secretary of Health and Human Services has the authority to award grants to local education agencies, in partnership with nonprofit agencies for awareness services. H.R. 2200 further ensures priority funding for lodging and accommodation purposes that lack policies on child sexual exploitation, and calls for making certain the United States does not fund human trafficking. H.R. 2200 calls upon credible evidence on nations’ human trafficking reform progress. Additionally, airport personnel should identify and report human trafficking victims (“Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2017”).
The Trafficking in Persons Report Integrity Act, S.377, was introduced in 2017 by Senator Robert Menendez, and cosponsored by five Senators, including Marco Rubio, Tim Kaine, Cory Gardner, Rob Portman, and Christopher Coons. The bill aims to amend the Trafficking Victims Protection Act of 2000 to clarify standards upon which countries are held accountable for the TIP Report tier ranking model, as well as other purposes related to concrete measures taken towards ending human trafficking. The S.377 amendment includes identifying ‘concrete actions’ and ‘credible evidence’ towards improving the epidemic of human trafficking. Additionally, reports on the amounts of loans towards Tier 2 and Tier 3 countries are to be submitted to the Chairman and Ranking Member of the Committee of Foreign Relations sections in the Senate as well as the House of Representatives, to be distributed by the Secretary of the Treasury (“Trafficking in Persons Report Integrity Act”).
The Child Soldier Prevention Act of 2017, H.R. 1191, was sponsored by Representative Christopher Smith, and cosponsored by Representatives Frederica Wilson, Randy Hultgren, James P. McGovern, and Randy K. Weber, Sr. The purpose of this bill would be to ensure operative enactment of the Child Soldier Prevention Act of 2008 and hold régimes responsible for having children part of armed conflict, whether that may be as soldiers, servants, or sex slaves. H.R. 1191 also prohibits the selling of armament to nations that look favorably upon the utilization of child soldiers (“Child Soldier Prevention Act of 2017”).
The End Banking for Human Traffickers Act of 2017, H.R. 2219, was sponsored by Representative Edward Royce, and cosponsored by Representatives William Keating, Carolyn Maloney, Mia Love, Patrick Meehan, Brian Fitzpatrick, and Kyrsten Sinema. H.R. 2219 aims for including the financial industry to assist with combating human trafficking. The purpose would be to resolve and ensure financial accountability of funding towards human trafficking through means such as the Interagency Task Force to Monitor and Combat Human Trafficking (“End Banking for Human Traffickers Act of 2017”). H.R. 2219 is not to be confused with S.952, which is of the same bill title. The End Banking for Human Traffickers Act of 2017, S. 952, was sponsored by Senator Elizabeth Warren, and cosponsored by Senators James Lankford and Marco Rubio. S. 952 is an amendment to the Victims of Trafficking and Violence Protection Act of 2000 to include the Secretary of the Treasury within the President’s Interagency Task Force to Monitor and Combat Trafficking. This task force is responsible to submitting recommendations to Congress for revising anti-money laundering programs to target money washing found in the human trafficking industry. The Federal Financial Institutions Examinations Council examines processes to improve anti-money laundering programs to combat human trafficking actions and referrals for potential human trafficking cases to the appropriate law enforcement agencies. S. 952 also establishes that the Department of Justice must report both efforts to eliminate money laundering on to human trafficking, and the quantity of formal examinations, custodies, allegations, and criminal offenses in money washing cases related to human trafficking (“End Banking for Human Traffickers Act of 2017”).
Overall, the TIP Report of 2017 of the Department of State has shown improvement from previous report versions, but is still in need of amendments to address misdemeanors found within the Tier ranking system of nations as well as preferential agreements on the issue of allocation of funding. In defense of efforts made by the Department of State, on September 14, 2017, the Department awarded $25 million to the Global Fund to End Modern Slavery, through the Office to Combat and Monitor Trafficking of Persons. The Global Fund to End Modern Slavery is a non-profit organization focused on developing public-private partnerships to decrease modern slavery (Tillerson). However, a true dedication to the cause of human trafficking, although wanted by many advocacy member groups as well as Congressional members, is a decision today mainly influenced by the executive branch’s priorities. As Secretary of State Rex Tillerson stated in his nomination hearing, “Nomination of Rex Tillerson To Be Secretary of State”, his commitment to end human trafficking is only to the extent that is compliant with the policies and law preferences of President-elect Donald Trump. This response was given various times throughout the report, inclusive of a specific interlude question on the seafood industry, raising numbers of illegal, unreported and unregulated fishing, the need for transparency measures in the fishing industry, and human trafficking (United States). More information on United States’ legislation on the TIP Report could be found if there were public accessibility to Closed Hearings’ materials as well as other confidential material Congressional staffers have access to, such as that of the “CLOSED: Preparing for the Trafficking in Persons Report” of June 2017 (United States).
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