The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (the Wilberforce Act), Public Law 110-457, requires the Office of Inspector General of USAID to investigate contracts and subcontracts under which there is a high risk that the contractor may engage in acts related to trafficking in persons. The Wilberforce Act requires a review each fiscal year from 2010 until 2012.
The Wilberforce Act describes actions that indicate trafficking in persons, including confiscation of an employee’s passport, restriction of an employee’s mobility, abrupt or evasive repatriation of an employee, deception of an employee regarding the work destination, and acts otherwise described in Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104).
- Contract Clauses. May include FAR Clause 52.222-50 on combating trafficking in persons.
- Contractor Policies. Communicate policy on human trafficking to employees in staff meetings, in staff members’ native languages. Post information about human trafficking policies at the housing compound and in the dining facility.
- Hiring Practices. The employees said they specifically chose to work in [country] and were told in advance the type of work they would be doing.
- Passport Restrictions. Employees maintained possession of their passports at all times. Their employment agreement explicitly forbids [contractor] from withholding their passports except when required for necessary administrative procedures.
- Movement Restrictions. According to the employees and their employers, their movement was not restricted beyond normal security procedures. The employees are free to leave their housing compound during their 1 day off each week.
- Repatriation. The employment agreement includes a provision for repatriation, stating that the company will pay for transportation for employees back to their home countries after the end of the agreement. If employees resign or are terminated before the completion of the full year of the agreement, they become responsible for the cost of transportation to their home countries.
- Work Destination and Other Terms of Employment Agreements. Each employee had a 1-year employment agreement written in English. Many of the employees spoke and read English, and all employees interviewed said that they understood the content of the agreement. In addition, some employees reported that the agency had explained the agreement to them in their native languages. The agreement also includes clauses expressly forbidding debt bondage and the confiscation and withholding of employee passports and other immigration documents.
Source: Based on Report No. E-267-11-002-S
This information is derived from audit reports of the Office of the Inspector General. The source refers to the audit report, which is available on this site as part of the Audit Database Project: an educational tool for compliance with USAID regulations. Please see the disclaimer of this site before using this information.
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