April 23, 2006
April 23, 2006
WASHINGTON --
The top U.S. commander in Iraq has ordered sweeping changes for
privatized military support operations after confirming violations of
human-trafficking laws and other abuses by contractors involving
possibly thousands of foreign workers on American bases, according to
records obtained by the Tribune.
Gen. George Casey ordered that contractors be required by May 1 to
return passports that have been illegally confiscated from laborers on
U.S. bases after determining that such practices violated U.S. laws
against trafficking for forced or coerced labor. Human brokers and
subcontractors from South Asia to the Middle East have worked together
to import thousands of laborers into Iraq from impoverished countries.
Two memos obtained by the Tribune indicate that Casey's office
concluded that the practice of confiscating passports from such workers
was both widespread on American bases and in violation of the U.S.
trafficking laws.
The memos, including an order dated April 4 and titled "Subject: Prevention of Trafficking in Persons in MNF-I,"
or Multinational Forces-Iraq, say the military also confirmed a host of
other abuses during an inspection of contracting activities supporting
the U.S. military in Iraq. They include deceptive hiring practices;
excessive fees charged by overseas job brokers who lure workers into
Iraq; substandard living conditions once laborers arrive; violations of
Iraqi immigration laws; and a lack of mandatory "awareness training" on
U.S. bases concerning human trafficking.
Along with a separate memo from a top military procurement official to all contractors in Iraq, dated April 19 and titled, "Withholding of Passports, Trafficking in Persons,"
Casey's orders promise harsh actions against firms that fail to return
passports or end other abusive practices. Contracts could be
terminated, contractors could be blacklisted from future work, and
commanders could physically bar firms from bases, the memos show.
"Contracts must incorporate appropriate language to compel the
protection of individual rights (at both the contract and subcontract
levels)," Casey's orders say, adding that it was his goal to "to
promote [the] rule of law in Iraq and in the labor recruiting process."
Under future contracts, Casey is requiring that all firms, no matter
how far down the chain, "provide workers with a signed copy of their
employment contract that defines the terms of their employment."
He's ordering that contracts include "measurable, enforceable standards
for living conditions (e.g., sanitation, health, safety, etc.) and
establish 50 feet as the minimum acceptable square footage of personal
living space per worker," after finding that some conditions were
substandard.
Contractors and subcontractors also must "comply with international
laws" regarding transit, exit and entry procedures, "requirements for
work visas," and Iraqi immigration laws.
The orders also mandate that future contracts and subcontracts include
"language that prohibits contractors and subcontractors at all tiers
from utilizing unlicensed recruiting firms, or firms that charge
illegal recruiting fees."
The short-term impact of the orders is unclear, because the separate
memo to contractors, which is dated April 19 and written by Col. Robert
K. Boyles, a top official with the Joint Contracting
Command-Iraq/Afghanistan, shows many of the reforms would be
implemented by changes in the language in future contracts.
Nonetheless, the findings and actions represent a dramatic turnabout
for the U.S. military, and follow three months of behind-the-scenes
pressure on the Defense Department from State Department officials
charged with monitoring and combating human trafficking worldwide.
The State Department launched an investigation and promised other
actions earlier this year in response to a series published Oct. 9-10
by the Tribune, "Pipeline to Peril," that detailed many of the abuses now cited in the memos.
The stories disclosed the often-illicit networks used to recruit
low-skilled laborers from some of the world's most impoverished and
remote locales to work in menial jobs on American bases in Iraq.
Although other firms also have contracts supporting the military in
Iraq, the U.S. has outsourced vital support operations to Halliburton
subsidiary KBR at an unprecedented scale, at a cost to the U.S. of more
than $12 billion as of late last year.
KBR, in turn, has outsourced much of that work to more than 200
subcontractors, many of them based in Middle Eastern nations condemned
by the U.S. for failing to stem human trafficking into their own
borders or for perpetrating other human rights abuses against foreign
workers.
KBR's subcontractors employ an army of workers to dish out food, wash
clothes, clean latrines and carry out virtually every other menial
task. About 35,000 of the 48,000 people working under the privatization
contract last year were "Third Country Nationals," who are
non-Americans imported from outside Iraq, KBR has said.
"Pipeline to Peril," which was based on reporting in the U.S., Jordan,
Iraq, Nepal and Saudi Arabia, described how some subcontractors and a
chain of human brokers allegedly engaged in the same kinds of abuses
routinely condemned by the State Department as human trafficking.
The newspaper retraced the journey of 12 men recruited in 2004 from
rural villages in the Himalayan kingdom of Nepal and documented a trail
of deceit, fraud and negligence stretching into Jordan and Iraq. Most
of the men had contracts filed with their government falsely promising
them positions at a five-star hotel in Amman, yet all 12 were sent into
Iraq in August 2004. They were ultimately kidnapped from an unprotected
caravan traveling along what was then one of the most dangerous
roadways in the world: the Amman-to-Baghdad highway.
All 12 men were subsequently executed by militants in likely the single
worst massacre of foreign workers in Iraq since the American-led
invasion more than three years ago.
Those workers and others suffered from a chain of exploitation that
began in their home countries, where families often assumed huge debts
to pay fees demanded by brokers, to Iraq. Even after discovering they'd
been deceived, workers felt compelled to head into the war zone, or
remain in danger for much longer than they desired, just to pay those
debts.
The Tribune also found evidence that subcontractors and brokers
routinely seized workers' passports, deceived them about their safety
or contract terms and, in at least one case, allegedly tried to force
terrified men into Iraq under the threat of cutting off their food and
water.
The series also showed how KBR and the military left virtually every
aspect of the recruitment, deployment and safety of such workers in the
hands of their subcontractors. They also allowed subcontractors to
employ workers from countries that had banned the deployment of their
citizens to Iraq, meaning thousands were trafficked through illicit
channels.
When told of the memos, John Miller, who heads the State Department
office to monitor and combat human trafficking, credited the Tribune
for shedding light on the illicit practices. He also praised the
military for taking corrective action.
"Needless to say, we're delighted," Miller said. "This is progress, and we agree with the steps they've taken."
Although allegations of such abuses began appearing in international
press reports more than two years ago, and the Tribune's own
investigation was published last October, one of the memos calls on the
military and the State Department to develop "an effective media
strategy emphasizing the [military] Command's pro-active response to
the problem."
Separate records also show that similar allegations had been raised in
September 2004 with Joseph Schmitz, who was then the Department of
Defense inspector general.
Schmitz did not respond in any detail until nearly a year later, saying
in an in Aug. 25, 2005, letter to Rep. Christopher Smith (R-N.J.) that
there was a "list of corrective measures" ordered by coalition military
officials in Iraq following "a preliminary inquiry" into the
allegations. The letter did not mention passport seizures or violations
of U.S. laws against human trafficking, but said living conditions
"required further attention" and that officials were "monitoring the
status of corrections" purportedly underway.
Schmitz resigned about two weeks later amid accusations that he
stonewalled investigations. He took a job with Blackwater USA, a
private security contractor.
It wasn't the only time officials were made aware of such allegations.
Last summer, the Army, which oversees the KBR privatization deal,
deflected questions from the Tribune about human trafficking onto
American bases in Iraq by saying "these are not Army issues."
Similarly, Halliburton said in a written statement that questions
regarding "the recruitment practices" of its subcontractors "should be
directed to the subcontractor."
Melissa Norcross, a Halliburton spokeswoman, issued a statement from
the company Sunday saying that KBR "fully supports the Department of
Defense's efforts to ensure that all contractor and subcontractor
personnel working for the U.S. government be treated in a fair and
humanitarian manner."
The statement also echoed previous press releases from the company,
saying KBR "operates under a rigorous code of business conduct that
outlines legal and ethical behaviors that all employees and
subcontractors are expected to follow in every aspect of their work. We
do not tolerate any exceptions to this Code at any level of our
company."
The company has refused to say whether it has ever taken any action against subcontractors.
Another memo obtained by the Tribune,
dated April 13 and addressed to all KBR project managers, deputy
project managers and operations managers, indicates the company is
requiring all of its personnel to undergo human-trafficking awareness
training because of Casey's orders.
A U.S. military spokesman in Iraq, Lt. Col. Barry Johnson, confirmed
the issuance of Casey's orders in a statement to the Tribune on Sunday,
saying the "rights to freedom of movement and quality living standards
are serious issues."
He also claimed, "There's always been a focus on this, and this is one
more clarification of that," adding that the U.S. military has the
ability to "terminate contracts and keep people off of bases."
Casey's orders came at about the same time the Defense Department
published long-awaited interim rules that allow officials to cancel
overseas defense contracts for trafficking violations.
But the orders go well beyond what is contained in the rules, and
indicate that most of the measures stem from an inspection of the
support operations by Casey's command. Johnson said that inspection was
conducted by the command's inspector general's office, a process that
was started last October.
While the orders do not indicate how many workers have had their
passports seized, the April 19 memo to contractors says evidence
indicated a widespread practice of "holding and withholding employee
passports." It says passports are seized, in part, to keep workers from
accepting jobs with other firms.
The Tribune identified three major KBR subcontractors that employed
thousands of foreign workers on U.S. installations in Iraq and
confiscated the passports of their foreign workers as a standard
practice. At least two of those firms also have their own contracts
with the U.S.
The ultimate impact of the new orders will depend on how they're
implemented, and on several key, unanswered questions. Included among
them: How U.S. military officials in Iraq hope to influence the conduct
of village recruiters and human brokers across the globe who are
several links up the chain from the subcontractors ultimately employing
workers in Iraq.
Johnson said U.S. military officials would not immediately refer any contractors or subcontractors for prosecution.
Miller agreed that important questions remained, but called the new
rules a major step forward. "I think they are heading in the right
direction."
Tribune foreign correspondent Liz Sly contributed to this report from Baghdad.
csimpson@tribune.com
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