By Simon Tesfamariam
Human Trafficking and the Human Rights Agenda Against (Final) (.pdf Acrobat Reader)
On March 1, 2013, Joel Millman of the Wall Street Journal published a piece entitled “Ruthless Kidnapping Rings Reach From Desert Sands to U.S. Cities.” The article chronicles the touching personal accounts of Eritrean refugees being kidnapped and taken for ransom in Egypt’s Sinai desert. As disheartening as this piece may be to even the most apathetic observers, Eritreans are growing increasingly aware of the fact that similar articles highlighting the trafficking of Eritreans are becoming a regular occurrence. Although human trafficking, smuggling, and migration have been longstanding problems that have plagued the so-called developing world, it seems somewhat curious that Eritrea is suddenly getting the brunt of the international attention. Why now? Although increased international attention may be positive in that it sheds needed light on the plight of the affected migrants, the reality is that pieces like this are often politically motivated, lacking context, skewing the facts on the ground, and serving as part of larger campaign to vilify and isolate Eritrea.
Before we delve into this whole human trafficking ordeal, we must note that Eritrea was the target of UN sanctions in 2009. Since then, the Somalia and Eritrea Monitoring Group (SEMG) has been regularly reporting on Eritrea’s role in Somalia to the Security Council. The group has made many ridiculous claims ranging from Eritrea’s alleged support of al-Shabab in Somalia to a failed bombing attempt on an African Union summit in Ethiopia. Both accusations were later shown to be false [1, 2]. As the last SEMG report reveals, linking Eritrea to terrorism is a futile task.  The expectations of the nation seem like a moving target and now the new focus of the international media and the SEMG is on Eritrea’s “use of revenues from the taxation of Eritrean citizens in the diaspora, from human trafficking of refugees through Sudan and Egypt, and from gold mining.”  The emerging concerns regarding a sovereign state’s use of its revenues from any legitimate source–be it from a diaspora tax or gold mining or whatever–is a mystery unworthy of pursuit. The human trafficking issue, however, is a serious allegation that may be used in conjunction with broader human rights allegations to build a case for the expansion of UN sanctions on Eritrea. Thus, the issue requires further inspection.
In a speech regarding human trafficking delivered at the Clinton Global Initiative on September 25 of last year, President Obama made the following remarks:
I recently renewed sanctions on some of the worst abusers, including North Korea and Eritrea. We’re partnering with groups that help women and children escape from the grip of their abusers. We’re helping other countries step up their own efforts. And we’re seeing results. More nations have passed and more are enforcing modern anti-trafficking laws. 
What kind of “partnering” is he talking about, exactly? It’s not within the US’s authority or obligations to help people escape from a nation. To do so would be human smuggling. President Obama is essentially admitting to taking part in smuggling people out of Eritrea and North Korea. The US can only support those who take refuge in the US following immigration from another nation. The president’s comments came as surprise to many Eritreans.
About one month later, Eritrea’s presidential advisor, Yemane Gebreab, explained that “Eritrea is a victim of human trafficking” and that “for a number of years now, some people have felt that one way that they could weaken Eritrea would be by encouraging Eritrean youths to leave the country in larger numbers.”  Are his claims valid? Is there a systematic effort to drive youth out of Eritrea?
Linking Eritrea to Human Trafficking
Let us rewind to May 5, 2009. In a wikileaked diplomatic cable entitled “Promoting Educational Opportunity for Anti-Regime Eritrean Youth,” the then US Ambassador to Eritrea, Ronald K. McMullen explained that “Post plans to restart visa services (completely suspended in 2007) for student visa applicants; we intend to give opportunities to study in the United States to those who oppose the regime.”  He then goes on:
Post intends to begin adjudicating student visa applications, regardless of whether the regime is willing to issue the applicant an Eritrean passport and exit visa. If an applicant is otherwise found eligible for a student visa, Post will issue it in a Form DS-232…With an Eritrean passport and an F1 visa in a Form DS-232, the lucky young person is off to America. For those visa recipients who manage to leave the country and receive UNHCR refugee status, a UN-authorized travel document might allow the young person to travel to America with his or her F1 in the DS-232.
…Due to the Isaias regime´s ongoing restrictions on Embassy Asmara, Post does not contemplate a resumption of full visa services in the near future. However, giving young Eritreans hope, the chance for an education, and the skills with which to rebuild their impoverished country in the post-Isaias period is one of the strongest signals we can send to the Eritrean people that the United States has not abandoned them. Were we to begin processing student visa applications and require a regime-issued passport, we would be seen as strengthening the dictatorship´s hand. Thus, the limited category-specific exemption outlined above is key.
The cable’s title alone, reveals the ambassador’s intentions. And if one wonders why brain drain is an issue in the developing world, perhaps this cable may provide some insight. What young person, anywhere in the world, wouldn’t want a chance to come to the US? Though the more important question is, why now? Why restart issuing visas in 2009 after a two year suspension? Perhaps the answers will become clear shortly. McMullen, who clearly seeks to weaken the Eritrean “regime” (as in “government we don’t like”), also makes curious mention of preparing for a “post-Isaias period,” which becomes more interesting when one considers that his doctoral thesis at the University of Iowa was on the “Economic Consequences of African Coups D’etat.”  He also served as the Charge’ d’Affaires in the Fiji Islands during the 2000 coup d’etat. In another leaked cable he predicted the Eritrean government is ‘‘one bullet away from implosion’’ and posed that “any sudden change in government is likely to be initiated from within the military.”  McMullen is no longer the ambassador but in light of the recently fabricated “coup” rumor that the international mainstream media has been recklessly trumpeting,  perhaps the US sent McMullen to make use of his expertise. As Rafael Correa once jokingly stated, “the only country that can be sure never to have a coup d’état is the United States because it hasn’t got a U.S. Embassy.”
While on the one hand secretly promoting Eritrean youth migration, the US administration was simultaneously taking actions against Eritrea for not doing enough to stop it. One month after McMullen’s cable announcing the secret restart of F1 visa processing, in violation of the basic tenets of consular relations, the US Administration suddenly classified Eritrea as a “Tier 3″ nation in the US State Department’s June 2009 “Trafficking in Persons Report.”  Keep in mind that Eritrea didn’t even make the list in 2008 and, unlike other nations that started off with Tier 1 and 2 warnings, Eritrea jumped straight to Tier 3. The entire reasoning behind doing this is that it allows trafficking nations to meet the “minimum standards” by the following year.  As a result of this unprecedented move, President Obama added Eritrea and 5 other African countries to a blacklist that would subject them “to the trafficking sanctions, which can include a ban on non-humanitarian and trade-related aid and U.S. opposition to loans and credits from the International Monetary Fund and World Bank.” 
What did the report say about Eritrea, exactly? In essence it stated that Eritrea was a “source country” for human trafficking and that it didn’t do enough to prevent the practice. That could apply to almost every nation on the planet. Notably, the report focused more on “large numbers of migrant workers” and made almost passing mention of the Eritrean government being “complicit in conscripting children into military service.” In spite of no significant policy changes to the Eritrean national service program, subsequent reports, which are released annually, focused less on the “migrant workers” and increasingly more on the “conscripts,” “adolescent children” being sent to Sawa, and “child laborers.” More on this later.
Following the TIP report, US ambassador McMullen’s writes in an August 26, 2009 leaked diplomatic cable about a young unnamed Eritrean “who is preparing to flee the country” and supposedly confesses the intricate details of his escape plan.  McMullen writes that he will “use one of the Eritrean National Security Officers (ENSO), who he claimed to be the ringleaders in smuggling of Eritreans to the Sudan border” and “he stated the cost at 80,000 nakfa.” This is the first time we see official US documentation of claims that Eritrean government officials are directly involved in the smuggling of citizens outside the country. This is despite the fact that about a year earlier the Chargé d’Affaires, Matthew D. Smith, confessed in another leaked diplomatic cable entitled “How To Escape From Eritrea” that “the GSE [Government of the State of Eritrea] is very keen to break these human smuggling rings and dispatches agents to pose as potential customers. Other agents pose as facilitators, making all of the supposed smuggling arrangements prior to having the unsuspecting person arrested.” 
In spite of the Eritrean government’s efforts to combat smuggling, the Somalia and Eritrea Monitoring Group (SEMG) produced a report in 2011 that expanded on McMullen’s claims. The report states:
421. The well-documented exodus of young Eritreans to escape poverty or obligatory “national service” represents yet another opportunity for corruption and illicit revenue. People smuggling is so pervasive that it could not be possible without the complicity of Government and party officials, especially military officers working in the western border zone, which is headed by General Teklai Kifle “Manjus”. Multiple sources have described to the Monitoring Group how Eritrean officials collaborate with ethnic Rashaida smugglers to move their human cargo through the Sudan into Egypt and beyond. This is in most respects the same network involved in smuggling weapons through to Sinai and into Gaza.
422. According to former Eritrean military officials and international human rights activists, military officers involved in the practice charge roughly $3,000 a head for each person exiting Eritrea.
…The Monitoring Group has obtained details of a Swiss bank account into which the proceeds from smuggling have been deposited and has provided the Swiss authorities with information related to this account, together with the personal and contact details of the Swiss-based coordinator of this trafficking ring and details of the coordinator’s Egypt-based associates. 
For the SEMG’s extraordinary claims it cites as its only sources an “interview with Eritrean individuals directly involved in people smuggling operations” and an “interview with Eritrean source, Switzerland, March 2011.” In the 2012 follow-up report, the SEMG repeats the same human trafficking claims, citing no sources as evidence. “The trafficking of arms and people is managed by the same networks using the same vehicles, and the same Eritrean officials are implicated,” the report states. The SEMG then claims to have acquired 1,300 testimonies of which “61 were from Eritreans who identified the names of Rashaida smugglers.” Artfully interweaving groups of similar testimonies as vignettes, the report attempts to illustrate the validity of earlier claims made by the SEMG. Finally, it shows photos of body wounds of two unnamed and faceless torture victims. The annex is only 3 pages long, filled with photos, and has nothing to do with human trafficking allegations.
After reading both reports, one is left scratching their head. That’s it? No real people’s names? No bank account numbers? No photos of human traffickers? Where is the hard evidence? Extraordinary claims require extraordinary evidence. To put things in perspective, imagine a man is brought to trial on charges of torture and the prosecuting team presents the following as their “evidence” against him:
1. Claims against him by unnamed interviewers with no transcripts for the court to review
2. Pictures of unnamed and faceless victims he allegedly tortured
3. 61 snippets of testimonies by the nameless victims who he allegedly tortured
4. Claims against him by people who openly call themselves his “opposition“
5. Claims against him by one of his former torturer buddies, who is unnamed
The defendant then demands access to the evidence and witnesses for cross-examination but his request is denied. Based on the information, he is then found guilty and expected to accept his sentence. Would that be justice? Of course not. However, this is exactly what Eritrea has had to face regularly in regards to the UN Security Council and SEMG reports. This system of international law requires incredible trust in the prosecutors–the SEMG, in this case–who Eritrea had no say in appointing. And if we think that the SEMG is actually a committee of independent experts as opposed to a prosecuting team, then why would the head of the SEMG, Matt Bryden, say “we’re trying to make the case that any improvement in Eritrea’s conduct is the result of sanctions, and that it’s too early to lift them because of the other violations they have committed”?  In essence, he’s saying ‘yeah, I know we couldn’t find evidence that they support terrorism but please keep the sanctions because of this new human trafficking ordeal.’ In other words he is prosecuting and making a case against Eritrea and, unfortunately, it’s completely within his mandate to share his opinion . That’s UN justice for you. The SEMG’s “evidence” would be considered a joke if wasn’t so serious. According to the UNSC, the successful implementation of “targeted sanctions” on any nation is premised on the expectations that the “panel of experts” will uphold the highest standards of evidence, which is the key tenet of the 2003 Stockholm Process. In this regard, the 2003 UNSC states:
While recognizing that it might sometimes be necessary to uphold the confidentiality of sources of information available to expert panels or monitoring groups regarding sanctions busting or non-compliance, the Stockholm paper notes that the credibility of the findings and the integrity of the process required that evidence be as transparent and verifiable as possible….sanctions should be based on concrete evidence of violations of international law or Council obligations, and not based on presumptions, media reports or motivated allegations. 
The SEMG report clearly falls short. To make matters worse, Eritrea doesn’t get to comment or defend itself at any point in the process because according to the SEMG, which unprofessionally leaked the report to the media before Eritrea could see it,  “the Government of Eritrea failed to provide responses to any Monitoring Group correspondence and declined to grant the repeated requests.” How convenient. Where have we seen this sort of tactic before? For years, the world has been unable to hear Eritrea’s side of the story:
A. On the Kenyan defections: “Eritrean officials were unavailable for comment on Tuesday.” 
B. On Eritrea’s alleged bombing of the AU (proved false by WikiLeaks ): “Eritrean officials were unavailable for comment on Tuesday.” 
C. On claims of human trafficking: “Eritrean government…did not respond to requests to provide information for this report.” 
D. On relations with the US: “It has been difficult to talk to Eritrea frankly. We have had trouble getting them to talk to us. I sent the Assistant Secretary for African Affairs to talk with Mr. Isaias and he didn’t see her.” 
E. On breakdown of US-Eritrea relations: “Eritrean officials were not immediately available to comment on the decision” 
The list goes on and on, ad infintum. The point is that Eritrea is not allowed to defend itself in court, in the media, in reports, or anywhere in the international arena. It’s no surprise that Eritrea is so misunderstood by the world. In contrast, the darlings of the mainstream media, the US and Ethiopia, were also accused of violating the Somali arms embargo by the former Somalia monitoring groups yet we saw no prosecution by the UNSC. Is this justice? No way! In the words of Gerald Celente, it’s “just-us” and unfortunately Eritrea isn’t one of “them.”
Following the SEMG report, the UNHCR released a report in November 2012 entitled “Refugees and the Rashaida: human smuggling and trafficking from Eritrea to Sudan and Egypt.”  The document states that “it has come to light that some members of the military and Eritrean Government are complicit in smuggling” and it references the 2012 SEMG report. It talks about General Teklai Kifle, adding no new information, and then goes on at length about the Rashaida ethnic group’s involvement in the human trafficking business. In regards to both of them, “it is thought there are varying levels of experience and organization within the groups of Rashaida who engage in taking Eritreans to Sinai. However other networks, such as those organized by some members of the Eritrean Government for smuggling arms are highly organized.” In other words, the government is the syndicate–the major player. What’s interesting about this particular report is the divisive new ethnic and regional dimension it seems to take:
There is a marked difference between the majority of the refugee population and those now leaving Eritrea. Those now leaving the country are young, Christian, Tigrinya from urban areas. Much like young Sudan-born refugees, the new arrivals are generally unwilling to remain in an enclosed camp setting without access to higher education or employment.
…Eritrean brokers are key to arranging onward movement with Rashaida from within the camp. The facilitators in the route are usually of the same ethnicity as those embarking on the movement (Hamood 2006: 50). Furthermore, life in the refugee camp is characterized by ethnic divides. Different ethnicities are thought to have different aspirations. One testimony states that people from Akele-Guzai region are thought to have strong connections abroad and to be most likely going to Israel. Those from Maekel region are believed to be going to Europe, while those from Gash Barka are simply associated with smuggling people out of Eritrea and settling in Sudan (Mehari 2010).
Turning to the reference section to investigate the source of the aforementioned claims, the report cites an “unpublished paper” by someone named “Mehari, K” (Mehari, K. 2010. ‘Desert in Disorder’ unpublished paper). Investigating the rest of the citations for follow-up is a futile task as most references are made to personal interviews with individuals like Meron Estifanos, who was integral in propagating the fabricated “coup” in January 2013 and using it as a springboard for the so-called “Forto 2013″ campaign. 
Returning to the latest publication of the US State Department TIP report, we hear echoes of the SEMG’s allegations of corruption by senior Eritrean army officers. As opposed to the 2009 report, the 2012 publication is focused less on migrants workers more on youth conscripted into national service. More notably, the report seems to focus on the Eritrean government’s alleged conscription of minors. It states that “adolescent children that attempt to leave Eritrea have been forced into military service despite being younger than the minimum service age of 18. As part of the requirements to complete their senior year of high school, adolescent children are also sent to Sawa, Eritrea’s military academy, prior to their eighteenth birthday.” Surprisingly, this claim was later cited by Child Soldiers International in a 2012 case study to support the claim that Eritrea uses child soldiers. This “study” was, in turn, posted on the UNHCR website and is currently being used by journalists and various NGO’s to propagate the notion that Eritrea’s use of “child soldiers” is driving youth out of the country.
Nowhere is the international media’s desperation to point out the Eritrean government’s blunders more evident than in its claim that Eritrea uses “child soldiers.” When the average person reads about child soldiers in Africa, she/he may conjure up the classical CNN-promoted image of regime-indoctrinated 9 year-olds mowing down civilians. Perhaps the image is sometimes a wee bit less graphic but the reality is that the claims of child soldiers in Africa perpetuates the stereotype of a barbaric Africa out of control and encourages intervention against nations like Eritrea. Thus, such claims must be taken seriously. In regards to their Eritrea study, Child Soldiers International states the following:
To prevent increasing evasion of national service by school leavers, the government announced in 2003 that the final year of secondary education, Year 12, must be performed at the Sawa Military Training Camp in western Eritrea near the border with Sudan. Because the Year 12 designation is based not on a child’s age but rather on the school grade achieved, some Year 12 students are under 18 years old. According to a recent US State Department report on human rights in Eritrea, “Students at Sawa were typically 18 years old or older, although a fair percentage were as young as 16 years old”.
The government denies underage conscription and argues that students attending the twelfth grade in Sawa should not be confused with national service conscripts. However, the Year 12 students at Sawa have military status and are under the jurisdiction of the Ministry of Defence and subject to military discipline. They are therefore in reality soldiers, even if not fully operational members of the Eritrean National Army. 
The sad part about this is that the “Eritrea recruits child soldiers” claim is entirely based on this hair splitting of mandatory twelfth grade education. Such reporting is irresponsible for two reasons. Firstly, this report is based on non-independent politically biased sources like the US State Department. Secondly, even if 16-year-olds attended Sawa they are not considered members of the Eritrean National Army, as CSI even admits. Consideration should also be given to the fact that while most of the world submits to more lax standards on child soldier laws enshrined in the UN Convention on the Rights of the Child (CRC), Africa has collectively gone above and beyond by signing the African Charter on the Rights and Welfare of the Child, which by default accedes to the “Optional Protocols” of the CRC and increases the minimum military recruitment age from 15 to 18.  Given these more stringent laws and the known fact that most reported child soldiers are between ages 15-18 years old, it’s no surprise that half of the world’s child soldiers are in Africa.  Regardless of the facts, the media is quick dish out the child soldier label in Africa. There’s a reason why the spineless international media points out “child soldiers” in Eritrea while it ignores “child soldiers” in the UK, which is also a signatory to the Option Protocols and refers to the exact same argument as Eritrea.  Let us also refresh the UN’s memory and recall that in 2002, the UNSC Special Representative for Children and Armed Conflict, Olara Otunnu, visited Eritrea to assess the use of child soldiers. He concluded that there was “no systematic use of child soldiers” and said that “the absence of the ‘child soldiering’ phenomenon was particularly impressive since no other conflict zone he had visited recently had been free of the problem.” 
As shown above, there seems to be a concerted effort to link Eritrea to human trafficking. The reality is that we have yet to see any hard evidence to support this allegation. To make matters worse the international press almost reflexively blames it on child soldiers, forced labor, and lack of [insert word like freedom, democracy, religion, or other's words used to destroy Iraq, Libya, etc.]. As some of the wikileaked diplomatic cables suggest, the US State Department has made efforts to drive youth out of Eritrea to weaken the government. It then turns around and blames the Eritrean government for “human trafficking.” These actions are part of a broader concerted and systematic effort by the US Administration to destroy Eritrea through the control of human migration. To understand this we must go back in history.
Part 2: http://africabusiness.com/2013/03/18/human-trafficking-and-the-human-rights-agenda-against-eritrea-part-2/
Part 3: http://africabusiness.com/2013/03/18/human-trafficking-and-the-human-rights-agenda-against-eritrea-part-3/
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