Bergman’s Book In The Shadows Provides Key Insight On Freeing Americans Detained Abroad

By Kaila Hall

 

On July 11, hostage negotiator Mickey Bergman discussed¹ his new book, In the Shadows: True Stories of High-Stakes Negotiations to Free Americans Captured Abroad,² at the Stimson Center. Released in June 2024, In the Shadows details Bergman’s accounts of high-profile negotiations, including Brittney Griner, Danny Fenster, Otto Warmbier, Trevor Reed, and countless others. The event was moderated by Stimson Center President and Chief Executive Officer Brian Finlay.

Michael “Mickey” Bergman serves as the Vice President and Executive Director of the Richardson Center for Global Engagement, where he manages efforts to negotiate the release of political prisoners.³ Named after U.S. Ambassador Bill Richardson, the Center advocates for global peace and dialogue. Bergman has over 18 years of experience in “Fringe Diplomacy, a discipline exploring the space just beyond the boundaries of States and Governments’ capacity and authority in international relations.”⁵ The Richardson Center works solely on behalf of the families of Americans captured abroad at no cost.

At the Stimson Center, Bergman began by discussing the negotiation process to release American journalist Danny Fenster who was detained at the Yangon International Airport in Myanmar following the 2021 military coup. During the coup d’état, the Tatmadaw military deposed Myanmar’s State Counsellor Aung San Suu Kyi, and installed Senior General Min Aung Hlaing into power. Fenster previously worked for a legal publication before the coup and consequently remained in custody for six months. At the request of Fenster’s family, the Richardson Center team initiated the negotiation process and secretly secured a deal by creating a personal friendship with Myanmar’s leader. Following an expedited trial and sentencing, Fenster was released and flown first to Qatar, then the US.

Afterward, Bergman addressed criticism that hostage negotiations could incentivize foreign regimes to hold more Americans hostage in the future to receive something in return from the US. While Bergman certainly understood the critique, he found it “intellectually lazy” and “morally bankrupt” because avoiding release deals would essentially build a “deterrence policy on the backs of innocent captured Americans.” He stated, “We need to do everything we can to bring them home and it’s our responsibility once they’re home to come up with the deterrence policies that can actually help mitigate this issue going into the future.” He also added that there is no statistical correlation between the release deals and more Americans being detained afterward.

Throughout his experience, Bergman stated he has identified two cardinal truths: hostage deals never improve over time, and that time is detrimental to the health of hostages. He has also devised the theory of return in which the team develops a uniquely tailored strategy to ensure the most efficient pathway toward the release of captured Americans.

On the question of deterrence, Mickey Bergman explained that his job was to bring captured Americans home rather than to deter countries from taking more hostages. He noted that the repeat offenders of “hostage diplomacy” are often the most sanctioned by the US. Under these terms, “hostage diplomacy” becomes a mode of communication for these states. Bergman suggested that Red Notices on hostage-holders could be beneficial but risky in terms of deterrence. Additionally, he pointed to forms of positive deterrence in which a bilateral agreement accompanies the release of a hostage.

Bergman also touched upon efforts to release hostages held in Gaza by Hamas following the October 7, 2023, attacks in Israel. In the first 54 days, Bergman stated that his theory of return successfully released 109 hostages, but has struggled to produce results in the months since. He particularly emphasized unsuccessful efforts to convince Israeli Prime Minister Benjamin Netanyahu to accept a ceasefire deal to release the remaining hostages. Bergman suggested that, to Netanyahu, as long as there are hostages, Israel’s war is justified, and no elections will be held as a result. The hostage negotiator believes that if President Biden can secure a humanitarian deal to release the Israeli-American hostages, this will provide leverage to convince Netanyahu to accept the deal.

In 2019 and 2023, Mickey Bergman was nominated for the Nobel Peace Prize for his hostage negotiations alongside Ambassador Richardson. Following Ambassador Richardson’s passing in September 2023, Bergman became the CEO of Global Reach, an organization dedicated to bringing home wrongfully detained Americans abroad whether by terrorist groups, criminal gangs, or foreign governments.⁶

 

Kaila Hall is an intern at IELR. She is a rising senior at Cornell University.

 

[1] The Stimson Center’s conversation with Mickey Bergman may be viewed here: https://www.youtube.com/watch?v=WzBOwQYPgZo

[2] Mickey Bergman’s book In the Shadows may be purchased here: https://www.amazon.com/Shadows-High-Stakes-Negotiations-Americans-Captured/dp/1546004750

[3] Staff | the Richardson Center. 2 July 2015, www.richardsondiplomacy.org/staff-members/.

[4] ‌Our Mission | the Richardson Center. 29 June 2015, www.richardsondiplomacy.org/about-us/.

[5] ‌Staff | the Richardson Center. 2 July 2015, www.richardsondiplomacy.org/staff-members/.

[6] “Global Reach.” Www.reach.global, www.reach.global.‌

 

We at the IELR send you the best wishes for a new year.  2022 was momentous for the international enforcement community, and we are grateful to have had you following along with our coverage during our 38^th year of discussing international enforcement developments.

We are grateful for the continuing long partnership with Professor Michael Plachta and for contributions from practitioners and professors, including Kateryna Boguslavska, Dr. Ted Bromund, Frederick T. Davis,  Uttam Dhillon, Luz E. Nagle, Dennis Boyle, Konstantinos Magliveras, Gino Naldi, Kayla de Alto, and Linda Friedman Ramirez, and Ivelaw Lloyd Griffith.   Marwah Adhoob finished her tenure as assistant editor in January.  Alexander Mostaghimi has capably served as assistant editor and has already been offered admission into law school.   Other Berliner Corcoran & Rowe LLP  interns,  John Kennamer, Mirrah Papovsky, and Kenneth Boggess, as well as legal assistants, such as Savannah Telfer, Sara Kaufman, Narisa Chowdhury contributed articles.

The following is a highlight of only some of the articles we covered.

Crimes against humanity and international human rights abuses had several articles.  Kaufman discussed the allowance of Saif al-Islam Gaddafi to run for the Libyan presidency despite a war crimes conviction. Mostaghimi covered the issuance of U.S. sanctions against Bangladesh’s paramilitary force for human rights abuses.  Zagaris discussed the Bosnian Appeals Chamber affirmance of a conviction of a Serb ex-policeman’s crime against humanity.  Mostaghimi covered Gambia’s efforts to prosecute former President Jammeh for crimes against humanity.   DeAlto covered the arrest of a Serbian man in Budapest for crimes charged by the Kosovo Special Prosecution.  Mostaghimi covered a prosecution by a German court of a German ISIS returnee for abusing a Yazdi woman in Syria as well as the Swedish court’s conviction of an Iranian under universal jurisdiction..

Concerning Genocide and War Crimes, Naldi and Magliveras covered the ICJ’s dismissal of objections to its jurisdiction in the Rohingya genocide case.  Plachta discusses a special court in Colombia’s conviction of 22 perpetrators for war crimes and crimes against humanity.

With respect to international human rights enforcement, Plachta discussed the Council of Europe’s resolution concerning the poisoning of Alexi Navalny.  Mostaghimi covered the State Department release of 2021 country reports on human rights practices.  Plachta discussed the Council of Europe’s termination of membership of Russia.  Mostaghimi discussed the OAS’s suspension of Russia as a permanent observer.  A story by Zagaris discussed the issuance by President Biden of an executive order to deter wrong detention of Americans abroad.  Plachta wrote about a report by the UN Commissioner for Human Rights, alleging crimes against humanity by China against the Uyghurs.  Mostaghimi discussed an OCCRP report showing Rwanda lying to U.S. law enforcement and abusing Interpol Red Notices.  Zagaris wrote about a report of Global Financial Integrity on PRC and transnational crime as well as U.S. charges against 13 persons in 3 cases for participating in malign schemes in the U.S. on behalf of the PRC.

International tax enforcement was prominent.  B. Zagaris wrote about the proposal by the European Commission to end abuse of shell entities for tax and criminal purposes in the EU.  Zagaris discussed the English Appellate Court’s decision in favor of the Danish tax authority in a cum-ex dividend case.  Zagaris covered the OECD announcement of a public consultation on tax transparency for crypto-assets.  Efforts by DOJ to enforce an IRS John Doe summons against the U.S. firm helping U.S. persons establish foreign financial accounts was discussed by Zagaris.  An article by Zagaris discussed the decision of the CJEU that DAC6 intermediary reporting rules violate the legal professional privilege.  Zagaris covered a webinar and book of the StAR and World Bank on Taxing Crime: A Whole of Government Approach to Fighting Corruption, Money Laundering, and Tax Crime.

International securities enforcement continue to receive attention.  B. Zagaris covered the guilty plea of NatWest Markets Plc to spoofing on the U.S. markets.    Zagaris discussed the issuance by IOSCO of good practices on the use of global supervisory colleges in securities markets.  The Allianz Global Investors  US guilty plea to securities fraud was discussed by Zagaris.

Transnational corruption, transparency and international asset forfeiture loomed large in coverage.   Zagaris discussed the first ever U.S. strategy on countering corruption issued by the White House.  Zagaris covered the U.S. placement of the former Honduras President on the list of corrupt officials.  Zagaris covered the recovery of over $11 billion of stolen/embezzled assets by the Angolan government and the U.S. sanctioning of 3 Angolans for corruption.  Davis discussed the end of U.S. v. Hoskins and the potential end of an era (referring to extraterritorial U.S. jurisdiction).  Zagaris wrote articles about DOJ’s lawsuit against Steven Wynn for not registering as an agent under the Foreign Agents Registration Act and the court’s dismissal of the suit.  An article by Zagaris discussed the Brazilian Airline GOL agreeing to a DPA in a joint settlement with the U.S. and Brazil over bribery charges.  Plachta discussed the announcement by the European Parliament of major reforms amid the Qatar corruption scandal.  Zagaris covered the issuance of an Interpol Red Notice against Isabel dos Santos.

Human trafficking remained important.  Boggess covered the extradition by Kenya of a Dutch citizen to the Netherlands to face migrant smuggling charges.  Mostaghimi discussed Operation Storm Makers coordinated with Interpol, triggering 121 arrests of persons for migrant smuggling and human trafficking.  An article by Telfer discussed the guilty plea by Dominican drug lord “El Abusador” to trafficking multi-tons of cocaine into the U.S.

On Counterterrorism and International Human Rights, Mostaghimi wrote about the former Kansas school teacher facing prosecution in U.S. courts for supporting ISIS.  Plachta discussed the EU’s controversial proposal for Egypt as the joint president of the global counter-terrorism forum.  Plachta discussed the European Commission’s report on the 2017 EU terrorism directive.  Zagaris covered the guilty plea by Lafarge in the U.S. to giving material support to foreign terrorist organizations. Plachta wrote about Australia and the Netherlands taking action against Russia in the MH17 case before the ICAO as well as the judgment of the District Court in the Hague, convicting three for the 2014 downing of MH17 over Ukraine.  A story by Mostaghimi discussed ICAO’s release of a fact-finding report on Ryanair Flight 4978 that was diverted by a bomb threat to land in Minsk.

Cybercrime was on the rise.  Mostaghimi covered the GAO’s release of recommendations to combat human and drug trafficking in cryptocurrency markets.  Zagaris covered the seizure by the U.S. and Europol of one of the world’s largest hacker forums and arrest of the administrator.  Mostaghimi discussed DOJ’s unsealing  an indictment against four Russian malware hackers.      Zagaris discussed Russia’s arrest of 14 alleged members of the REvil ransomware gang as Ukraine experienced hacks and malware.  Zagaris reported on the OAS REMJA Working Group recommendations on cybercrime.

Concerning Child Sexual Exploitation, Plachta covered the EU’s issuance of  operational actional plan 2022 on child sexual exploitation.

On the Recovery and Return of Stolen Cultural Property, Zagaris reported that a collector of Cambodian antiquities decided to  relinquish them in a forfeiture action. He also discussed the U.S. repatriation of 200 stolen antiquities to Italy.  Mostaghimi covered the Smithsonian Institute’s plans to return Benin bronzes to Nigeria.

On International Environmental Enforcement and Illicit Financial Flows, Zagaris discussed a S. African study on illicit financial flows associated with international wildlife trafficking. He also discussed a report recommending the UK close gaps in illegal wildlife trade and illicit finance.  Zagaris covered the U.S. suspension and then lifting of a ban on avocados and Mexican fishing boats from the U.S. under the environmental chapter of the USMCA.  A story by Zagaris discussed Colombia’s arrest 3 persons on a U.S. extradition warrant for wildlife trafficking.

Zagaris discussed under International Intellectual Property Enforcement and the DOJ China Initiative, that Harvard Professor Lieber was convicted of false statements and tax offenses for his China links.  Zagaris also discussed the U.S. indictment charging a PRC-based telecom company with conspiracy to steal technology from Motorola.  Zagaris reported on the U.S. Justice Department’s end of its China Initiative.

Concerning Conflict Minerals, Mostaghimi wrote about the new Swiss ordinance on child labor and conflict mining in the Supply chain.

With respect to Transnational Organized Crime (TOC), Fraud, and International Sports, Plachta discussed the adoption by the European Parliament of two resolutions on various aspects of transnational organized crime.  Zagaris discussed President Biden’s executive order creating a U.S. Council on Transnational Organized Crime. A story by Zagaris discussed how a bloodhound snagged Caro Quintero, wanted by the U.S. for the 1985 murder of a DEA agent.  Mostaghimi and Boyle covered the initial appearance of former Honduran President Hernandez on TOC and narcotics conspiracy charges.

On Money Laundering, Zagaris discussed the IBA’s issuance of a report on the legal professional privilege, highlighting a growing controversy about its potential abuse. Mostaghimi covered the U.S. Treasury Department’s new study on money laundering and terrorist financing in the art world. Zagaris discussed the FATF plenary’s agreement to revise beneficial ownership rules and issuance of guidance for real estate. Plachta report on Swiss secrets: Credit Suisse’s massive leak reveals accounts held by politicians, criminals and suspects.  Zagaris discussed the UK enactment of a law establishing a register of overseas entities to combat laundering. Kennamer discussed the Global Witness report showing laundering of conflict minerals.  A story by Zagaris discussed the Cape Verdean Central Bank’s order of administrative liquidation of the offshore bank owned by Angolan Isabel dos Santos.  Boguslavska covered the 11^th Basel AML Index, providing a snapshot of money laundering trends and concerns.  An article by Zagaris covered the U.S. Treasury’s final rule on reporting beneficial ownership information.  Zagaris discussed the CJEU decision that the beneficial ownership registry information violates EU privacy obligations as well as the suit by the National Small Business Association against U.S. Treasury, challenging the Corporate Transparency Act.

With respect to Economic Sanctions, Magliveras discussed the regulation of autonomous sanctions in Australia.  Nagle discussed Russian oligarchs using Colombian bank accounts to avoid sanctions.  Zagaris reported on the Justice Department’s start of a task force to enforce sanctions against Russian oligarchs and the first indictment for violations of those sanctions as well as on Fiji’s seizure of a $300m yacht of a sanctioned Russian oligarch and Italy’s seizure of a$700m yacht linked to Putin..

Concerning Maritime and Aircraft Piracy, Mostaghimi reported on the UN commending Nigeria for prosecuting piracy.  Zagaris discussed the indictment in New York, charging Belarusian government officials with aircraft piracy.  Plachta discussed the submission of reports by the UN Secretary-General on piracy and armed robbery at sea.

There were multiple articles on Atrocity Crimes in Ukraine.  Plachta discussed the ICJ indication of provisional measures against Russia in the context of military aggression against Ukraine.  Plachta discussed efforts to create special tribunals for the aggression committed by Russia against Ukraine.  An article by Papovsky discusses the draft law for a Ukrainian High War Crimes Court.  Plachta covered the ECtHR’s adoption of Ukraine’s request for interim measures against Russia. Plachta discussed the OSCE report finding crimes committed by the Russian military during its aggression against Ukraine.  An article by Plachta discusses the report by the Independent International Commission of Inquiry on Ukraine, finding an arrest of war crimes.  Plachta discussed the report by the UN Human Rights Office, finding war crimes of willful killing of civilians by the Russian forces in Ukraine.  An article by Mostaghimi discusses the selection of the Georgetown Law Center for National Security to head a War Crimes Advisory Group.  An article by Plachta discussed the designation by the EU Parliament of Russia as a “State Sponsor of Terrorism”.

With respect to International Narcotics Enforcement Mostaghimi reported on the arrest of 45 persons in a large scale cocaine bust in Belgium and Spain. Plachta discussed the issuance by Europol and the DEA of a joint report on the connection between the Mexican cartels and the EU market.

On Transfer of Criminal Proceedings, Mostaghimi discussed the transfer of the trial on the Khashoggi assassination from Turkey to Saudi Arabia.

Extradition saw many articles.  Zagaris and Mostaghimi wrote articles about the efforts of the U.S. to charge and obtain custody over persons involved in the assassination of  former  Haitian President Jovenel Moise on July 7, 2021.  Zagaris wrote multiple articles on decisions by U.K. courts on the U.S. efforts to extradite Julian Assange.  An article by Ramirez discusses a French national arrested in Morocco arguing against extradition to the U.S.  Zagaris wrote a couple of articles about Honduras’ extradition of its former president Juan Orlando Hernandez to the U.S. on charges of participating in a “violent drug-trafficking conspiracy”.  Mostaghimi discussed the Mozambique challenge to the ruling to extradite its former finance minister to the U.S.   An article by Zagaris covers the decision by the ECtHR blocking extradition to China.  Ramirez discussed a Russian national extradited to the U.S. from Greece in an alleged crypto money laundering case while the French counsel seeks clients to be included in a prisoner swap.  An article by Zagaris discussed the Privy Council upholding the extradition of the ex-FIFA VP Jack Warner from Trinidad & Tobago to the U.S.

On International Intelligence Sharing, Evidence Gathering, and Data Privacy, Zagaris reported on the European Data Protection Supervisor’s orders to Europol to change data processing.  A story by Plachta  discussed the establishment by the EU and U.S. of an “informal export group” on MLA and extradition.  Zagaris discussed a decision of the U.S. Court of Appeals that foreign governments can use letters rogatory or MLAT requests  in gathering evidence in Nigeria for a U.S. criminal case.

With respect to Illegal Firearms Trafficking, Zagaris wrote articles about a U.S. court in Arkansas sentencing a man for trafficking firearm parts to Mexican cartels.  An article by Zagaris discussed the dismissal of the Mexican government’s lawsuit against U.S. gun manufacturers in the U.S. Court in Massachusetts and a new suit filed by Mexico in the U.S. District Court in Arizona against gun distributors.

Concerning Interpol Accountability, Uttam Dhillon and Dr. Ted R. Bromund discussed the FY 2022 NDAA provisions on transnational repression accountability and prevention provision on Interpol abuse.

On Bilateral Enforcement Cooperation, Zagaris covered U.S. and Canada law enforcement meeting to reestablish the cross-border crime forum.

Concerning the International Criminal Court, Mostaghimi covered the Central African Republic’s alleged war criminal facing an initial hearing at the ICC.  Chowdhury covered the ICC Prosecutor’s visit to Rohingya refugee camp in Bangladesh concerning  the investigation of crimes committed against the refugees from Myanmar.

With respect to Jurisdiction, Immunities, International Organizations, and Diplomatic Immunities, Davis covered the Fifth Circuit’s consideration of arguments on the dismissal “for lack of jurisdiction” of an indictment against two European citizens.  Kennamer discussed the U.S. appellate court’s decision upholding Interpol immunity on a suit for potential Red Notice abuse.  Mostaghimi covered a German diplomat’s flight from Brazil one day before his indictment for murder.

On Comparative prison Law and Prisoner Transfer Agreements, Ivelaw Lloyd Griffith discussed a conference on penal reform, highlighting harsh prison realities in the Caribbean. Zagaris discussed Belgian ratification of a prisoner transfer treaty with Iran despite widespread criticism.

Concerning Migration Enforcement, Telfer discussed an agreement by the Unitary Platform and Maduro government in Venezuela to request the release of billions of frozen Venezuelan funds for humanitarian relief as refugee migration from Venezuela reaches new records.

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On Wednesday, July 21, 2021, A rhino kingpin and game hunter were arrested while illegally transporting rhino horns valued over R2.6-million. The duo was charged with illegally possessing and selling horns and was granted bail later that week.

 

The Crime

 

The two suspects are alleged rhino horn kingpin Johannes Groenewald, 53, and professional big game hunter Schalk Steyn,48. The duo was arrested in the process of illegally transporting 19 rhino horns in two separate vehicles. The arrest was made in Mpumalanga, which is a province in eastern South Africa. They were charged for possessing and selling the rhino horns.

 

The arrest was made part of a multidisciplinary operation controlled by the Hawks’ wildlife trafficking counter-intelligence unit.

 

The suspects’ initial court appearance a day after their arrest, July 22. Their crime is categorized as a Schedule 5 offense, which includes violent crimes such as treasons, murder, and corrupt involving monetary amounts “R500 000 for an individual and R100 000 if it is alleged that the offense was committed by a person, group of persons or syndicate acting in common purpose or conspiracy,” according to Mail & Guardian, Africa-based newspaper. A Schedule 5 offense carries with it a minimum of 15 years imprisonment.

 

The duo was released on bail under certain conditions that they do not communicate with any witnesses. Steyn had already given up his passport as part of a bail condition in a separate case.

 

 

Delay in Prosecution

 

The rhino-horn kingpin has a history of evading jail time and staying above the law. Previously, he was arrested, and nine other co-conspirators after an excavation investigation revealed that he had rhino carcasses. The investigation also revealed that the suspects removed the horns before they buried the animals.

 

Though the defendants were charged with illegal hunting, money laundering, racketeering, organized crime of rhino horns, they never had their day in court as the trial date was postponed.

 

According to the Daily Maverick, one reason for the delay in prosecution was that the court was awaiting “a Constitutional Court ruling that finally confirmed the lifting of South Africa’s moratorium on domestic trade in rhino horn. The outcome was that the State dropped about 60 charges against the accused, and an amended charge sheet was subsequently served on the group.”

 

In 2018, the trial date was postponed to 2021, and the alleged suspects still have not had their day in court.

 

In 2014, the U.S. Justice Department attempted to extradite the defendants to face charges for “conspiracy to sell illegal rhino hunts in South Africa in bid to defraud US hunters,” however a Limpopo court in 2017 blocked their extradition.

 

The arrests received some applaud from the World Wide Fund for Wildlife of South Africa, with the senior manager saying that “We often talk of the need to shift law enforcement focus from the poachers on the ground to the wildlife trafficking syndicate members.”

 

The August 2021 IELR issue will have an in-depth discussion on this matter.

On July 23, 2021, a Nigerian Federal High Court sentenced 10 Pirates for their involvement in hijacking a Chinese Vessel merchant vessel FV HAILUFENG II in 2020. The pirates each received a 12-year prison sentence and a N250,000.00 fine on each count.

 

The FV HAILUFENG II Hijacking

 

In May 2020, ten pirates Frank Abaka, Jude Ebaragha, Shina Alolo, Joshua Iwiki, David Akinseye, Ahmed Toyin, Shobajo Saheed, Adekole Philip, Matthew Masi, and Bright Agbedeyi, allegedly hijacked a Chinese vessel and kidnapped the 18 crew members. The ship was in international waters off the coast of Cote D’lvoire.

 

States in the Gulf of Guinea participated in the rescue mission. They used resources set under the Yaoundé Architecture for Maritime Security. “In a rare victory, the Nigerian Navy was able to interdict the Hailufeng 11 at a position about 140 nautical miles south of Lagos, arriving about two days after the hijacking,” The Maritime Executive reported. The navy rescued the crew members and arrested the pirates.

 

The Federal high court Justice Ayokunle Faji said the pirates’ actions were “an embarrassment to the nation that has impacted the economy negatively.”

 

Hijacking incidents are common in the Gulf of Guinea, which covers several West African Countries. That region has been termed “pirate alley” for the frequent attacks. The International Maritime Bureau reported that last year there were about 22 incidents that accounted for 130 seafarers’ kidnappings.

 

Nigerian lead prosecutor Labaran Magaji said that the conviction is intended to send a strong message Nigeria does not tolerate maritime crimes and that Nigerian institutions are prepared to combat criminal activities.

 

 

 

The 2019 Anti-Piracy Law

 

The July 23 conviction is the first time pirates have been prosecuted under the Suppression of Piracy, and Other Maritime Offences (SPOMO) Act that President Muhammadu Buhari passed in 2019. Previously, three private security company employees were fined under this law after their alleged involvement in aiding a ransom crime. The legislation clarified jurisdictional issues related to armed robbery committed at sea and authorizes exclusive jurisdiction to hear matters related to armed robbery and other illegal acts committed at sea in the Federal High Court. Furthermore, the act prohibits hijacking, vandalism, or destruction of the ship, and the unlawful interference of ship operation, navigation, and installation on the facility.

 

The current (i.e., August) issue of the IELR will have a more comprehensive discussion of this case.

 

 

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On July 1, 2021, the U.S. Department of State released the 2021 Trafficking in Persons Report (TIP) that documents the global effort towards combating human trafficking.

 

In the Report’s opening remarks, Secretary of State Antony Blinken stated that

“Through this Report, we call on governments to join the United States in improving our collective efforts to address human trafficking comprehensively. Doing so requires us to mitigate harmful practices and policies that cause socioeconomic or political vulnerabilities that traffickers often prey on.”

 

 

Summarizing Key Points

           

The TIP is an annual 600-page report broken up into several parts. The Report starts by addressing human trafficking in the context of the Covid-19 Pandemic; next, it addresses human trafficking in a broader view and the Report’s methodology. The Report dives into the data into categories, the global law enforcement data, and the country tier placement regional map. TIP also features preventive efforts and strategies.

 

Among the notable features of the Report is the country tier placements and regional maps. The three-level tier list includes countries based on their efforts to combat human trafficking. Higher ranked countries indicate that a country is not meeting the standards to eliminate trafficking. Among the higher ranked or Tier 3 countries are Afghanistan, China, Cuba, Iran, Malaysia, Russia, South Sudan, Syria, and Venezuela. The countries in Tier 2 watch list are Guinea, Chad, Ireland, Pakistan, Sri Lanka, Thailand, Vietnam, and Zambia. Tier 2 includes the majority of the Middle Eastern and South American countries and some countries in Asia. Tier 1 consists of the United States of American, and majority of European countries, and a mix of countries across the globe.

 

Country tiers are accompanied by detailed country narratives that provide a breakdown of their efforts and explain and justify their tier placement.

 

 

Analysis and implications

 

            While the Report provides useful data, analysis, and information, it undoubtedly has its shortfalls. Namely, the tier breaks down more likely than not had some political influence when it comes to the placements. Politics cannot divorce itself from bringing an objective report. Though the Report could have some politics intermingled with it, it provides a useful tool for addressing human trafficking.

 

The Report also failed to address and prioritize the ever-increasing issue of online sex trafficking dominating the internet ever since its creation. While the Report provides a brief paragraph on online sex trafficking, it fails to provide a comprehensive section solely for this issue. The Report does mention it in its country narrative parts but does not go far enough to provide more details.

 

 

 

The July issue of the IELR will have a more comprehensive discussion of this topic

On July 1, 2021, the U.S. Department of State released a list of alleged corrupt officials in North American. The list includes 50 plus names of current and former officials in Guatemala, Honduras, and El Salvador.

 

Prominent Figures

 

In Honduras, among the prominent figures on the list is President Porfirio Lobo and his wife, former First Lady Rosa Elena Bonilla De Lobo. Allegedly, Lobo accepted bribes from drug cartels, and his wife engaged in fraud and misappropriated funds.

 

Honduran analyst Raul Pineda Alvarado said that it is concerning that certain names were omitted, notably, current Honduran President Juan Orlando Hernandez, who has allegedly accepted bribes from drug traffickers to aid in his political campaign.

 

“If this is the way the United States Congress wants to battle corruption in Honduras, it’s like wanting to cure cancer with aspirin,” said Alvarado.

 

In El Salvador, several individuals range from Cabinet officials to judges were on the list. Among the names is Cabinet chief for President Nayib Bukele, Chief of Staff Carolina Recinos, two former presidents of the Legislative Assembly, Walter Araujo, who is now a Bukele’s New Ideas party leader. Araujo was included because he called for an “insurrection against the Legislative Assembly and repeatedly threatening political candidates.”

 

In Guatemala, former President Alvaro Colom was named on the list for his alleged involvement in an embezzlement case related to the bus system in Guatemala City. Also on the list is the Supreme Court Justice Manual Duarte Barrera. Barrera and another high court justice, Nester Vasquez, allegedly meddled in judges’ selection process for the high court.

 

List Implications

 

Persons included in the list are said to lose their visas and can no longer enter the U.S.

 

The Head of the Public Accountability Organizations Citizen Action in El Salvador Eduardo Escobar, said that the list gives some credence to the allegations against the public officials and waits to see if the Salvadoran Attorney General takes any legal action against the named individuals.

 

The list is not yet finalized, according to the White House special envoy for the Northern Triangle Ricardo Zúñiga. He also mentioned that putting a break on visas is not the only sanction that the U.S. is willing to consider.

 

This list was also published to comply with section 353 of the U.S.-Northern Triangle Enhanced Engagement Act, which states that the U.S. government is to publish a public list of individuals “who have knowingly engaged in acts that undermine democratic processes or institutions, engaged in significant corruption, or obstructed investigations into such acts of corruption in Guatemala, Honduras, and El Salvador.”

 

A State Department press statement defined the primary goal of publishing the list: “Our objective with these designations is to support the people of Guatemala, Honduras, and El Salvador in their efforts to form a democratic, prosperous, and safe region where people can contribute to and benefit from the democratic process, have confidence in public institutions, reduce inequality, and enjoy opportunities to create the futures they desire for themselves and their families.”