Palau News: House Speaker Letter to AG Bradley Demands Identities - US Trafficking in Person Report
Truman C. Mincer (August 17 at 5:48am · Edited):
Someone is in a serious state of denial! grin emoticon
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HOD Speaker Anastacio: US Dept. of State Uses Public Shaming to Push International Reform
Island Times
WRITTEN BY ADMINISTRATOR THURSDAY, 13 AUGUST 2015 22:56
House Speaker Anastacio, in a letter issued to Attorney General John Bradley yesterday, objected strongly to Palau being labelled again in the 2015 Trafficking in Persons Report by the US Department of State as “a destination country for women subjected to sex trafficking and for women and men subjected to forced labor” and urged AG’s Office to “vigorously defend” Palau’s integrity. “For a foreign entity to anonymously collect unsubstantiated data and then publicly shame Palau without allowing Palauan involvement in that investigation is contrary to the very qualities of due process and fair play that Palau adopted from the reporting nation, the United States” the letter states.
Urging the Office of the Attorney General to use its investigative resources to identify reporting sources for the Trafficking in Persons Report, Speaker Anastacio states that since the report “accuses Palau of complacency in preventing and prosecuting trafficking conduct within Palau, your office should defend Palau by ensuring that justice is done following this report”. Speaker Anastacio said he was dismayed to learn that sources for 2015 Trafficking in Persons are unnamed and unknown. The Report accuses Palau officials of complicity with criminals but hide behind anonymity to make “unsubstantiated” claims.
The letter demands that the AG investigates identities of their accusers and specific information that they shared. “Please uncover the identities of both groups and any other contributors to this report in order to ascertain the reliability of their claims”. The letter also states that Palau has good reason to question the truth of the accusations contained in the report. Citing the recent US Congress hearings where the credibility of the Report was questions where countries such as Malaysia, Cuba, Mexico, China and others saw improvement in their rankings despite horrendous records of trafficking abuses. The letter states that the “overall credibility of the report that uses international shaming to advance global policies should be investigated and must not be treated as inherently truthful.”
Speaker Anastacio in his letter further stated that Palau as young Republic takes pride in the transparency of its government. Legislative actions are printed and aired publicly and the public is welcomed to public hearings and public education events. Recently, Open Government Act was enacted enforcing the accountability of public servants to the people. “As Attorney General, it is your duty to seek justice on behalf of Palau”, the letter states. Urging the AG’s office to prosecute those that commit trafficking offenses and not to let “unsubstantiated and uninvestigated claims of anonymous persons continue to result in Tier 2 rating”.
http://m.state.gov/mc3761.htm
http://islandtimes.us/index.php?option=com_content&view=article&id=1583%3Ahod-speaker-anastacio-us-dept-of-state-uses-public-shaming-to-push-international-reform&catid=8%3Alatest-news&Itemid=1
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Norbert Villanueva I was not going to respond to this post with my thoughts, but the confusion that has been created compels me to do so. Hopefully, this would be my last response to this subject:
First, let us pose a question: If an official representative of the people of Palau, such as Speaker Anastacio, does not rise up, stand up, and speak or do something to defend Palau and its reputation, then who will? Who will then stand up behind Palau if its elected leaders, such as Speaker Anastacio, won’t rise up to defend Palau and its people?
I applaud Speaker Anastacio for doing something about this.
Now, let us turn our attention to the subject matter at hand and provide some facts that the 2015 TIP Report failed to take into consideration…
The laws of Palau are in place and the mechanism on implementing and enforcing those laws are in place. After all, the United States does not expect Palau to carry out its business in conformity with the laws of the United States-that would be absurd! In other words, you do not see Palau criticizing the United States for allowing the death penalty (just because the death penalty is immoral and illegal in Palau does not give Palau the right to criticize the United States for allowing it-that would be absurd). So first, let us understand that the United States and Palau are two independent countries with differing laws and it should remain that way, where the other country should not impose its laws on the other.
So, given that Palau laws regarding human rights are in place and the mechanism on enforcing them are in place, Speaker Anastacio has all the right and in fact is the appropriate person to question what the AG is doing about this. Why? Because the AG office is the appropriate authority enforcing these laws and is in possession of documented facts that it can forward to the United States Department of State (DOS), through appropriate channel and protocols, to correct the misleading and falls information that the DOS is relying upon in creating the 2015 TIP Report regarding Palau.
The 2015 TIP reports summarizes that Palau Government “identified 20 potential victims, and convicted one former labor official of misconduct that facilitated trafficking. Prosecutors charged all suspected traffickers, including allegedly complicit officials, with lesser crimes; there were no prosecutions or convictions for trafficking offenses. Officials identified all potential victims through raids on commercial sex venues; however, officials’ failure to adequately screen for indicators of trafficking during such raids may have resulted in the punishment of some unidentified victims for prostitution offenses.”
What it does not report is that the labor official was charged for accepting bribery trying to extend a work permit of a worker to stay longer in Palau, which is a violation of labor laws but certainly not human trafficking. It also fails to mention that the “raids on commercial sex venue” was a serious of sting operations to catch prostitutes. What it fails to mention is that this raids were conducted by undercover police and police informants posing as customers. What it fails to mention is that these prostitutes were not forced to become sex slave but rather were soliciting sex for money. What it failed to report is that those establishments (or businesses) who were caught in prostitution acts were closed and its owners were charged and prosecuted. What it fails to report is that some of this cases are currently awaiting trial through the courts of law. What it failed to mention is that Palau has an anti-prostitution law and that the people that the 2015 TIP reported as “potential victims” are actually prostitutes that willingly exchange sex for money. In other words, they are not sex slaves or victim of human trafficking. Rather, they come to Palau and then make money on the side through prostitution.
The DOS should get their facts straight when they create this report the next time around: Just because there is prostitution in Palau (despite it being illegal by Palau laws) that DOES NOT MEAN THAT THERE IS HUMAN TRAFFICKING OR THAT THERE ARE PEOPLE BEING FORCED TO BECOME SEX SLAVE! Just because there are few convictions does not mean that Palau Government is not actively in pursuit of such illegal activities. And, just because there are few convictions, does not mean that there are NO cases pending in the court of law and that there is a due process and as long as there is a due process (a human right law in Palau by the way), these people remain innocent until proven guilty!
Palau laws make it illegal to receive sex for money (patrons of prostitutes) and also makes it illegal to receive money for sex (prostitutes). SO, Yes! There have been prosecutions of those who pay for sex services! But most of the so called human trafficking violations as reported by the DOS 2015 TIP are actually person/individuals who willingly conduct sexual acts (prostitutes) for money! In other words, they willingly become prostitutes-no one is forcing them to become prostitutes or become sex slaves. Not a single one of them were smuggled into Palau by force.
And, what is really sad is this: The 2015 TIP Report from the DOS could not produce or sight one instance or even provide one single shred of evidence that there was indeed human trafficking or there was indeed human rights violation that was known and Palau did not attempt to stop it through legal manner. All the report can do is sight cases where Palau legal system took appropriate action; all the report can do is take these cases that Palau has actively pursued through legal means and then try to twist the facts by using words such as: “may have”, “potential”, “alleged”, “could be”. The report cannot sight any facts outside those cases that Palau has handled through legal means.
The 2015 TIP Report does not have concrete facts so it takes cases that have been pursued in the Palau legal system and then attempt to turn them upside-down-THAT IS WRONG! It does not make sense to say Palau is not doing what it can by sighting cases that Palau has pursued within its legal system and through its courts of law, and twisting the facts to make it sound like Palau is a sitting duck!
So, when Speaker Anastacio demands action from the AG’s office, he is in his right mind and in the right shoe and is doing his job representing the people of Palau in demanding that facts be straightened out! That the AG office provide facts to the DOS and urge the DOS to base their report on facts!
The people of Palau expect their representative, including Honorable Speaker Anastacio, to fight for them, to fight for the truth, to be their voice, and to seek justice when the people have been wronged and facts have been twisted!
Finally, on a side note: I am not a registered voter of Ngchesar and did not vote for Honorable Speaker Anastacio, nor am I related to the man, although we know each other on a casual basis and I respect him as a human being and for his efforts in serving Palau and its people. I have tried my best to keep an open mind and be objective in regards to this subject. I have read the 2015 TIP Report regarding the country of Palau and, in my opinion, it falls short in proving its case on Palau. In addition, the political influence that has somehow crept into the creation of the 2015 TIP Report also makes it a less reliable report.
Someone is in a serious state of denial! grin emoticon
--------------------------------------------------
HOD Speaker Anastacio: US Dept. of State Uses Public Shaming to Push International Reform
Island Times
WRITTEN BY ADMINISTRATOR THURSDAY, 13 AUGUST 2015 22:56
House Speaker Anastacio, in a letter issued to Attorney General John Bradley yesterday, objected strongly to Palau being labelled again in the 2015 Trafficking in Persons Report by the US Department of State as “a destination country for women subjected to sex trafficking and for women and men subjected to forced labor” and urged AG’s Office to “vigorously defend” Palau’s integrity. “For a foreign entity to anonymously collect unsubstantiated data and then publicly shame Palau without allowing Palauan involvement in that investigation is contrary to the very qualities of due process and fair play that Palau adopted from the reporting nation, the United States” the letter states.
Urging the Office of the Attorney General to use its investigative resources to identify reporting sources for the Trafficking in Persons Report, Speaker Anastacio states that since the report “accuses Palau of complacency in preventing and prosecuting trafficking conduct within Palau, your office should defend Palau by ensuring that justice is done following this report”. Speaker Anastacio said he was dismayed to learn that sources for 2015 Trafficking in Persons are unnamed and unknown. The Report accuses Palau officials of complicity with criminals but hide behind anonymity to make “unsubstantiated” claims.
The letter demands that the AG investigates identities of their accusers and specific information that they shared. “Please uncover the identities of both groups and any other contributors to this report in order to ascertain the reliability of their claims”. The letter also states that Palau has good reason to question the truth of the accusations contained in the report. Citing the recent US Congress hearings where the credibility of the Report was questions where countries such as Malaysia, Cuba, Mexico, China and others saw improvement in their rankings despite horrendous records of trafficking abuses. The letter states that the “overall credibility of the report that uses international shaming to advance global policies should be investigated and must not be treated as inherently truthful.”
Speaker Anastacio in his letter further stated that Palau as young Republic takes pride in the transparency of its government. Legislative actions are printed and aired publicly and the public is welcomed to public hearings and public education events. Recently, Open Government Act was enacted enforcing the accountability of public servants to the people. “As Attorney General, it is your duty to seek justice on behalf of Palau”, the letter states. Urging the AG’s office to prosecute those that commit trafficking offenses and not to let “unsubstantiated and uninvestigated claims of anonymous persons continue to result in Tier 2 rating”.
http://m.state.gov/mc3761.htm
http://islandtimes.us/index.php?option=com_content&view=article&id=1583%3Ahod-speaker-anastacio-us-dept-of-state-uses-public-shaming-to-push-international-reform&catid=8%3Alatest-news&Itemid=1
---------------------------------------------------------
Norbert Villanueva I was not going to respond to this post with my thoughts, but the confusion that has been created compels me to do so. Hopefully, this would be my last response to this subject:
First, let us pose a question: If an official representative of the people of Palau, such as Speaker Anastacio, does not rise up, stand up, and speak or do something to defend Palau and its reputation, then who will? Who will then stand up behind Palau if its elected leaders, such as Speaker Anastacio, won’t rise up to defend Palau and its people?
I applaud Speaker Anastacio for doing something about this.
Now, let us turn our attention to the subject matter at hand and provide some facts that the 2015 TIP Report failed to take into consideration…
The laws of Palau are in place and the mechanism on implementing and enforcing those laws are in place. After all, the United States does not expect Palau to carry out its business in conformity with the laws of the United States-that would be absurd! In other words, you do not see Palau criticizing the United States for allowing the death penalty (just because the death penalty is immoral and illegal in Palau does not give Palau the right to criticize the United States for allowing it-that would be absurd). So first, let us understand that the United States and Palau are two independent countries with differing laws and it should remain that way, where the other country should not impose its laws on the other.
So, given that Palau laws regarding human rights are in place and the mechanism on enforcing them are in place, Speaker Anastacio has all the right and in fact is the appropriate person to question what the AG is doing about this. Why? Because the AG office is the appropriate authority enforcing these laws and is in possession of documented facts that it can forward to the United States Department of State (DOS), through appropriate channel and protocols, to correct the misleading and falls information that the DOS is relying upon in creating the 2015 TIP Report regarding Palau.
The 2015 TIP reports summarizes that Palau Government “identified 20 potential victims, and convicted one former labor official of misconduct that facilitated trafficking. Prosecutors charged all suspected traffickers, including allegedly complicit officials, with lesser crimes; there were no prosecutions or convictions for trafficking offenses. Officials identified all potential victims through raids on commercial sex venues; however, officials’ failure to adequately screen for indicators of trafficking during such raids may have resulted in the punishment of some unidentified victims for prostitution offenses.”
What it does not report is that the labor official was charged for accepting bribery trying to extend a work permit of a worker to stay longer in Palau, which is a violation of labor laws but certainly not human trafficking. It also fails to mention that the “raids on commercial sex venue” was a serious of sting operations to catch prostitutes. What it fails to mention is that this raids were conducted by undercover police and police informants posing as customers. What it fails to mention is that these prostitutes were not forced to become sex slave but rather were soliciting sex for money. What it failed to report is that those establishments (or businesses) who were caught in prostitution acts were closed and its owners were charged and prosecuted. What it fails to report is that some of this cases are currently awaiting trial through the courts of law. What it failed to mention is that Palau has an anti-prostitution law and that the people that the 2015 TIP reported as “potential victims” are actually prostitutes that willingly exchange sex for money. In other words, they are not sex slaves or victim of human trafficking. Rather, they come to Palau and then make money on the side through prostitution.
The DOS should get their facts straight when they create this report the next time around: Just because there is prostitution in Palau (despite it being illegal by Palau laws) that DOES NOT MEAN THAT THERE IS HUMAN TRAFFICKING OR THAT THERE ARE PEOPLE BEING FORCED TO BECOME SEX SLAVE! Just because there are few convictions does not mean that Palau Government is not actively in pursuit of such illegal activities. And, just because there are few convictions, does not mean that there are NO cases pending in the court of law and that there is a due process and as long as there is a due process (a human right law in Palau by the way), these people remain innocent until proven guilty!
Palau laws make it illegal to receive sex for money (patrons of prostitutes) and also makes it illegal to receive money for sex (prostitutes). SO, Yes! There have been prosecutions of those who pay for sex services! But most of the so called human trafficking violations as reported by the DOS 2015 TIP are actually person/individuals who willingly conduct sexual acts (prostitutes) for money! In other words, they willingly become prostitutes-no one is forcing them to become prostitutes or become sex slaves. Not a single one of them were smuggled into Palau by force.
And, what is really sad is this: The 2015 TIP Report from the DOS could not produce or sight one instance or even provide one single shred of evidence that there was indeed human trafficking or there was indeed human rights violation that was known and Palau did not attempt to stop it through legal manner. All the report can do is sight cases where Palau legal system took appropriate action; all the report can do is take these cases that Palau has actively pursued through legal means and then try to twist the facts by using words such as: “may have”, “potential”, “alleged”, “could be”. The report cannot sight any facts outside those cases that Palau has handled through legal means.
The 2015 TIP Report does not have concrete facts so it takes cases that have been pursued in the Palau legal system and then attempt to turn them upside-down-THAT IS WRONG! It does not make sense to say Palau is not doing what it can by sighting cases that Palau has pursued within its legal system and through its courts of law, and twisting the facts to make it sound like Palau is a sitting duck!
So, when Speaker Anastacio demands action from the AG’s office, he is in his right mind and in the right shoe and is doing his job representing the people of Palau in demanding that facts be straightened out! That the AG office provide facts to the DOS and urge the DOS to base their report on facts!
The people of Palau expect their representative, including Honorable Speaker Anastacio, to fight for them, to fight for the truth, to be their voice, and to seek justice when the people have been wronged and facts have been twisted!
Finally, on a side note: I am not a registered voter of Ngchesar and did not vote for Honorable Speaker Anastacio, nor am I related to the man, although we know each other on a casual basis and I respect him as a human being and for his efforts in serving Palau and its people. I have tried my best to keep an open mind and be objective in regards to this subject. I have read the 2015 TIP Report regarding the country of Palau and, in my opinion, it falls short in proving its case on Palau. In addition, the political influence that has somehow crept into the creation of the 2015 TIP Report also makes it a less reliable report.